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HomeMy WebLinkAboutPC Reso 86-067 PA 86-102.1 .2 Request to allow construction of detached 2nd dwelling unit & eliminate frontyard setback RESOLUTION NO. 86 - 067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 86-102.1 AND .2 CASTLE (APPLICANT AND OWNER) CONDITIONAL USE PERMIT AND VARIANCE REQUESTS TO ALLOW THE CONSTRUCTION OF A DETATCHED SECOND DWELLING UNIT AT 8456 WICKLOW LANE AND THE ELIMINATION OF THE FRONTYARD SETBACK FOR THE THIRD REQUIRED OFF-STREET PARKING SPACE WHEREAS, Mike Castle filed Conditional Use Permit and Variance requests to allow the construction of a 396+ square foot detatched second dwelling unit at 8456 Wicklow Lane and the elimination of the front yard setback for the third required off-street parking space; and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the establishment of second units in R-1 Districts where specified minimum development criteria are observed as determined through the Conditional Use Permit process; and WHEREAS, the Planning Commission did hold a public hearing on said applications on November 17, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, these applications have been reviewed in accordance with the provisions of the California Environmental Quality Act and have been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit and Variance requests will not have significant environmental impacts; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit and Variance requests be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; and WHEREAS, the proposed land use will not adversely impact area traffic, utility capacity, access and mobility for handicapped or disabled persons, adjacent properties or the neighborhood in general; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: FINDINGS OF APPROVAL: a) Approval of the second unit serves to provide development of a small rental housing unit specifically designed to meet the special housing needs of the owners of the subject property. b) Approval of the second unit will allow more efficient use of the City's existing housing stock and the subject residential property. c) The proposed floor plan and elevations submitted by the Applicant for the detatched residential structure will provide for quality residential construction practices and will protect property values and the single- family character of the neighborhood. -1- h ("" d) The use, as conditioned by this Resolution, will be properly related to other land uses, transportation, and service facilities in the vicinity, and will not be in conflict with existing surrounding residential uses. e) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. f) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with surrounding residential uses. g) In regards to the parking Variance, there are special circumstances including size, shape, and the site's current land use which are applicable to the property and which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification. h) Granting of the Variance request will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone. i) Granting of the Variance request will not be detrimental to persons or property in the neighborhood or to the public welfare. j) The approval of the Conditional Use Permit and Variance will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application as shown by materials labeled Exhibit B and Background Attachment 3 on file with the Dublin Planning Department and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits and shall be subject to Planning Department review and approval. 1. Construction of the second dwelling unit shall be generally consistent with the site plan, floor plans, and elevations consisting of four sheets prepared by Larry Smith, submitted with the application and dated received September 30, 1986, as further reflected by the written statement dated received September 30, 1986. 2. The architectural design and proposed exterior materials and finish shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed addition. Final plans must be submitted a minimum of 30 days prior to the issuance of a building permit. The proposed structure shall utilize exterior materials to match or complement the exterior materials of the existing structure. 3. Failure to establish the use within two years of the effective date of the permit will cause the permit to become null and void. The approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. 4. An encroachment permit shall be secured for the widening of the existing driveway, which shall be done to accommodate the third off-street parking space required in conjunction with the construction of the second dwelling unit. The encroachment permit shall be secured in conjunction with the filing for a building permit. The design of the driveway widening shall be subject to review and approval by the Planning Director. The driveway width shall be modified to a maximum of 25 feet with the additional width to be secured from the south side of the existing driveway. As an alterna- tive to the widening of the existing driveway and curb cut described above, the Applicant may pave an area along the south side of the garage for use as the third required off-street parking space. The area to be paved under this layout shall be as generally depicted in the Staff Study dated November, 1986. If this approach is utilized, the existing landscaping in -2- /\ the vicinity of the new concrete paving shall be retained to the greatest extent feasible, and shall be maintained in a healthy condition for the period that the second dwelling unit is occupied. 5. A deed restriction shall be filed by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-22.6.2(8) of the Zoning Ordinance and shall be further limited to require occupancy of one of the two units (when both units are occupied) by a person or persons age 60 or older, or by a handicapped person or persons. The deed restriction shall be subject to review and approval by the City Attorney prior to recordation and shall be recorded prior to the issuance of a building permit for the second unit. 6. The footprint off the proposed detatched second dwelling unit shall be modified, as necessary, to observe a 10-foot minimum building-to-building setback (measured from the base of the respective building walls). This shall be accomlished by "notching-out" approximately 25 square feet of the north corner of the proposed structure. If this "lost" square footage is added back to the proposed structure, the area shall be added to the north side of the structure. The resultant architectural design changes to the proposed structure shall be subject to review and approval by the Planning Driector. PASSED, APPROVED AND ADOPTED this 17th day of November, 1986. AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None Planning Commission C"`1�J'eerson ATTE 7f'�•1tor Plannine -45 -3-