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HomeMy WebLinkAboutPC Reso05-63 Deny Bischoff CUP RESOLUTION NO. 05 - 63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF AN EXISTING TWO-CAR RESIDENTIAL GARAGE INTO LIVING SPACE LOCATED AT 7609 LANDALE A VENUE (APN 941-0169-035) PA 05-017 WHEREAS, Michael E. Bischoff, Property Owner and Applicant, has requested approval of a Conditional Use Permit to allow the conversion of an existing two-car residential garage into living space at 7609 Landale Avenue in an R-l, Single Family Residential Zoning District; and WHEREAS, the Applicant has submitted project plans dated received March 31, 2005 and April 25, 2005; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the application has been reviewed in accordance with the provIsIOns of the California Environmental Quality Act (CEQA) and has been found to be exempt from the requirements of CEQA under Section 15270 as CEQA does not apply to projects which a public agency rejects or disapproves; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request and recommending that the application for a Conditional Use Permit be denied; and WHEREAS, the Planning Commission held a public hearing on said application on November 22, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby find that: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. The proposed use and related structure, the conversion of an existing single family residential garage into living space, is compatible with other residential land uses in the vicinity in that it does not change the primary use of the structure as a single family residence which is surrounded by other single family residences. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. The proposed use, the conversion of an existing single family residential garage into living space, will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare as the purpose for the conversion is the creation of additional residential living space within an existing neighborhood comprised of residential uses. C. It will not be injurious to property or improvements in the neighborhood. The proposed conversion of an existing single family residential garage into living space would not be injurious to property or improvements in the neighborhood in that, if approved, the garage conversion would be conditioned to comply with all Building Codes and Ordinances in effect at the time of conversion. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. The proposed conversion of an existing single family residential garage into living space has adequate provisions for public access, water, sanitation, and public utilities and services as existing roads and utilities are available to the residence and the conversion of the garage into living space does not change the need for public utilities and services to the site. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. The property at 7609 Landale Avenue is physically suitable for the type, density and intensity of the proposed conversion of an existing single family residential garage into living space as the conversion of an existing single family residential garage does not alter the use of the property as single family residential and does not change the density or intensity of the property as a single family dwelling. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the Zoning District in which it is located. The proposed conversion of an existing single family residential garage into living space is not contrary to the specific intent clauses established for an R-l Single Family Residential Zoning District which is intended to "provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quiet, family-living environment". If the garage is converted to living space, the property would continue to be used as a detached, single-family home and would continue to be compatible with a quiet, family-living environment. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans. The proposed conversion of an existing single family residential garage into living space is consistent with the Dublin General Plan as it does not alter the use of the property as a single family dwelling. The project does not fall within a designated Specific Plan area. H. For the conversion of single family residential garages into living space, architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior 2 appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to ensure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. The proposed conversion of an existing single family residential garage into living space is not compatible with the design concept of the existing single family dwelling or the character of adjacent residential dwellings in that the quality of the design, the architectural relationship with the site and other buildings and the proposed building materials are inconsistent with the single family detached dwellings, with attached two-car garages, that make up the character of this neighborhood. The homes in this residential subdivision were designed with two-car, front-on garages set back an average of 20 feet from the public right-of-way with concrete driveways in front. The proposed conversion of the garage will change the character of the home by the removal of the garage door so that it does not relate as well to the adjacent properties. The proposed building wall does not relate well architecturally to the home in that it does not blend in with its surroundings. BE IT FURTHER RESOLVED that the Planning Commission does hereby deny said application, PA 05-017, a request for a Conditional Use Permit to allow the conversion of a residential garage into living space at 7609 Landale Avenue. PASSED, APPROVED AND ADOPTED this 22nd day of November, 2005. AYES: Chair Schaub and Commissioners Biddle, King, Wehrenberg. NOES: ABSENT: ABSTAIN: Commissioner Fasulkey ft/~ Planning Commission Chair ATTEST: tl-j-- Planning Manager G:\PA#\2005\OS-017 Bischoff Garage Conversion\PC\PC Rcso.doc 3