HomeMy WebLinkAboutPC Reso 86-058 PA 86-026 Hall Fraser accessory Structure in a required yard area RESOLUTION NO. 86-058
A RESOLUTION OF THE DUBLIN PLANNING COMMISSION
UPHOLDING THE ZONING ADMINISTRATOR'S ACTION DENYING
PA 86-026 HALL-FRASER VARIANCE REQUEST
TO ALLOW AN ACCESSORY STRUCTURE IN A REQUIRED YARD AREA
WHEREAS, Keith Fraser has filed an application on behalf of Ralph
Hall for a Variance from Sections 8-60.26 and 8-60.27 of the City's Zoning
Ordinance to allow a small accessory structure (shed) in a required yard area
at 11791 Bloomington Way; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and has been found to
be categorically exempt; and
WHEREAS, the Zoning Administrator held public hearings on said
application on July 29, 1986, and August 12, 1986; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending denial of the
Variance application; and
WHEREAS, after hearing and considering all said reports, recommen-
dations and testimony, the Zoning Administrator denied the Variance request
indicating that the three mandatory findings of approval could not be made;
and
WHEREAS, on August 20, 1986, Keith Fraser, representing the
Applicant, Ralph Hall, filed an appeal of the Zoning Administrator action; and
WHEREAS, the Planning Commission held public hearings on said
appeal on September 15, 1986, October 6, 1986, and October 20, 1986; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending upholding the
Zoning Administrator's action denying the Variance applications; and a memo
dated September 24, 1986, was submitted summarizing the City's records
concerning 11791 Bloomington Way; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations, and testimony as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission
does hereby find that:
1) There are no City approved plans indicating the location of the
shed or shed pad at 11791 Bloomington Way.
2) The City's Building and Planning Departments had no knowledge of
the shed or shed location at 11791 Bloomington Way until
January 9, 1986, when the construction of the shed was visible
from Bloomington Way to the City's Building Inspector and a Stop
Work Order was issued.
3) Construction of the shed was completed in violation of the Stop
Work Order.
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BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does
hereby find that:
A) There are no special circumstances including size, shape, topo-
graphy, location or surroundings, applicable to the property which
would deprive the property of privileges enjoyed by other property
in the vicinity under the identical zoning classification, in that
the property located at 11791 Bloomington Way is commensurate with
other property in the vicinity under the identical zoning
classification.
B) The granting of the Variance application will constitute a grant
of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone, in that there is sufficient
yard area in the rear half of the property (within the sideyard
area and the rearyard area) for the relocation of the shed, said
relocation would not necessitate a Variance request. Addi-
tionally, the granting of this Variance request will constitute a
special privilege in that other properties in the zone must main-
tain the required setbacks unless finding "a)" relating to special
circumstances can be made, no special circumstances peculiar to
this lot exist relating to size, shape or topography.
C) The granting of this Variance application will be detrimental to
persons or property in the neighborhood or to the public welfare,
in that given the shed's present location and current construction
type, it is not in conformance with the Building and Safety Codes.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does
hereby deny PA 86-026 Variance application, thereby upholding the Zoning
Administrator's action, and directs the Applicant/Property Owner to remove the
existing accessory structure (shed) or relocate the accessory structure to an
area consistent with the setbacks for accessory structures in R Districts
(M.C. Section 8-60.26 and 8-60.27) prior to December 6, 1986.
PASSED, APPROVED AND ADOPTED this 20th day of October, 1986.
AYES: Commissioners Barnes, Burnham, Mack and Raley
NOES: Commissioner Petty
ABSENT: None
/L Z
Plann Commission Chairperson
AT EST:
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