HomeMy WebLinkAboutPC Reso06-38 Appv VAR 5747 Kingsmill Terrace
RESOLUTION NO. 06 - 38
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A VARIANCE REQUEST TO EXCEED THE MAXIMUM LOT COVERAGE OF
35% BY:I: 3.2% FOR A 420 SQUARE FOOT VERANDA ADDITION TO A RESIDENCE
LOCATED AT 5747 KlNGSMILL TERRACE (APN 985-0035-017)
P A 06-050
WHEREAS, the Applicant, Mindy Garrison of Decks Plus Inc., has requested approval of a
Variance application to exceed the maximum lot coverage of 35% by:l: 3.2% within a Single Family
Residential Planned Development Zoning District (PA 96-038) for the property located at 5747 Kingsmill
Terrace, where the maximum permitted lot coverage allowed by the Zoning Ordinance is 35% as specified
by Dublin Zoning Ordinance (DZO) Section 8.36.020.A; and
WHEREAS, the Applicant has requested this Variance in order to add a 420 square foot veranda
to the rear of the residence (the "Project"); and
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301 since the Project
consists of minor modifications to an existing developed lot; and
WHEREAS, pursuant to DZO Section 8.112.080, the decision makers for a Variance shall be the
Zoning Administrator, Planning Commission, or City Council; and
WHEREAS, these decision makers shall hold a public hearing and after the hearing is closed may,
based on evidence in the public record and the findings for a Variance approve, conditionally approve, or
deny a Variance by means of a Resolution; and
WHEREAS, at the discretion of the Zoning Administrator, and in accordance with DZO Section
8.96.020.C.2, decision making authority on this application has been referred to the Planning Commission
because of policy implications; and
WHEREAS, the Planning Commission did hold a public hearing on said Project application on
September 12,2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending denial of
said application; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations, and testimony; and
WHEREAS, after discussion and deliberation, the Planning Commission provided Staff with
Direction regarding findings for the approval of the Variance application and directed Staff to prepare a
Resolution for approval of the Variance application to exceed the maximum lot coverage of 35% by:l:
3.2%.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said Variance:
A. There are special circumstances applicable to the property at 5747 Kingsmill Terrace regarding
size, shape, topography, location or surroundings; such that the strict application of the
requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other
property in the vicinity and under identical zoning classification in that: 1) the subject property is a
corner lot oriented along the northeast- southwest direction that causes the front of the residence,
as well as the back of the residence, to be exposed to direct sun during the day; and 2) the
proposed veranda will provide some relief from direct sunlight by providing shade and privacy for
the enjoyment of the rear yard, without impacting the privacy or availability of light on
neighboring properties.
B. The granting of the Variance is subject to such conditions that will assure that the adjustment shall
not constitute a granting of special privileges inconsistent with the limitations upon other
properties in the vicinity and under the identical zoning classification in that: 1) the design of the
proposed veranda will match the materials, color, texture and detail of the main residence such that
the proposed veranda is compatible to the main residence in design and materials; 2) the proposed
veranda addition will be located such that it completely fits within the niche of the existing layout
of the main residence and will be flush with the rear elevation of the house; 3) the proposed
veranda addition will provide an outdoor space that offers privacy and protection from direct
sunlight while not impacting the privacy or sunlight on neighboring properties; and 4) the proposed
veranda complies with side yard setback, rear yard setback, and height regulations of the Planned
Development Zoning District, as it is setback more than 10'-0" from the side property line,
approximately 25' -0" from the rear property line and is 13' -4" high.
C. The granting of this Variance will not be detrimental to persons or property in the vicinity or to the
public health, safety and welfare in that: 1) the proposed veranda will be located within the
boundaries of the subject property in compliance with setback and height regulations; 2) the
proposed veranda will be constructed pursuant to Building and Safety code requirements; 3) the
proposed veranda complies with side yard setback, rear yard setback, and height regulations, as it
is setback more than 10'-0" from the side property line and approximately 25'-0" from the rear
property line; and 4) because of the applicable setback and height limitations, the veranda does not
pose any visibility or privacy issues for the neighboring properties.
D. The granting of the Variance is consistent with the purpose and intent of the applicable zoning
district in that: 1) the proposed veranda is compatible with the applicable Planned Development
Zoning District (PD) in that: a) it meets the setback and height regulations for the PD; and b) the
use is compatible with adjacent land uses as a veranda is customarily associated with single family
residences and the proposed veranda is compatible with the architectural design of the residence.
E. The granting of the Variance is consistent with the Dublin General Plan and with any applicable
Specific Plan in that: 1) the proposed veranda does not alter the primary use of the property which
will continue to remain and function as a Single Family Residence in accordance with the East
Dublin Specific Plan and the General Plan.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said
application (PA 06-050) Hoang Veranda Variance to exceed the maximum lot coverage of35% by 3.2%
for a veranda addition not to exceed 420 square feet at 5747 Kingsmill Terrace (APN 985-0035-017).
PASSED, APPROVED AND ADOPTED this 26th day of September, 2006 by the following
vote:
AYES: Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey and King
NOES: None
ABSENT: None
ABSTAIN: Chair Schaub
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Planning Commission Chair
ATTEST:
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