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Home My WebLink AboutPC Reso 93-32 PA93-013 S.Bull VARIANCERESOLUTION NO. 93 - 032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ---------------------------------------------------------------------- APPROVING PA 93-013 STEPHEN BULL VARIANCE REQUEST TO ALLOW AN EXISTING ACCESSORY STRUCTURE TO BE MAINTAINED WITHIN THE REQUIRED TEN FOOT STREET SIDE YARD SETBACK, THE SIX FOOT MINIMUM SETBACK FROM THE RESIDENCE AND THE LOCATION OF THE ACCESSORY STRUCTURE WITHIN THE FRONT HALF OF THE LOT LOCATED AT 8279 CARDIFF DRIVE WHEREAS, Stephen Bull, Applicant and Property Owner, filed a Variance application to allow an existing accessory structure to be maintained within the required ten foot street side yard setback per Section 8-60.28; the six foot minimum setback from the residence per Section 8-60.26; and the location of the accessory structure within the front half of the property per Section 8-60.27; and WHEREAS, the Zoning Administrator did hold a public hearing on said application on June 23, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application for the Variance be denied; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, after hearing and considering all said reports, recommendations and testimony, the Zoning Administrator denied PA 93- 013 Stephen Bull Variance application; and WHEREAS, on June 29, 1993, an appeal of the Zoning Administrator's action was filed by the Applicant and property owner, Stephen Bull; and WHEREAS, the Planning Commission did hold a public hearing on said appeal on August 16, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the project has been reviewed by the City of Dublin in accordance with the provisions of the California Environmental Quality Act (CEQA) and has determined that CEQA does not apply to this project pursuant to Section 15270 of the State CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission uphold the Zoning Administrator's action and deny PA 93-013 Stephen Bull Variance request; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. There are special circumstances relating to physical characteristics including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification. There are no reasonably available areas within the rear yard to relocate the accessory storage structure without removal and/or damage to the existing model railroad or major modifications to the existing landscaping. Existing PG&E easements and power lines prohibits the use of the south and east portions of the rear yard for placement of an accessory storage structure. B. The granting of the Variance application would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district, since the Applicant has constructed the only outdoor garden model railroad system within a majority of the rear yard that is unique within the City of Dublin. C. The granting of this Variance application would not be detrimental to persons or property in the neighborhood or to the public welfare because approval of the Variance will require the accessory storage structure to be brought into compliance with Building and Fire Code regulations and requirements. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 93-013 Stephen Bull Variance to allow an existing accessory structure to be maintained within the required ten foot street side yard setback, the six foot minimum setback from the residence and the location of the accessory structure within the front half of the lot, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. - 2 - 1. The Applicant/Property Owner shall bring the existing accessory storage structure into compliance with the building and fire code regulations and requirements by: 1) submitting plans and applying for a building permit within 120 days or by December 16, 1993; and 2) shall bring the accessory storage structure into final compliance by December 16, 1994. [B, F, PL] 2. The Applicant/Property Owner shall submit a copy of a recorded Deed Restriction to the Planning Department specifying: 1) the accessory storage structure is subject to the Variance granted by Dublin Planning Commission Resolution No. 93-032; 2) the accessory storage structure and the Variance approval are subject to the continuous operation of the outdoor garden model railroad within the rear yard, as stated in the Variance application; and 3) if the outdoor garden model railroad ceases to operate, the Variance shall become null and void and the accessory storage structure shall be removed or otherwise be brought into compliance with the applicable zoning regulations within 90 days. [PL] 3. This Variance approval shall be subject to Zoning Investigator and Building Inspector review and determination as to compliance with the conditions of approval. [PL, B] 4. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to enforcement action. [PL] PASSED, APPROVED AND ADOPTED this 16th day of August, 1993. AYES: Commissioners Downey, North and Zika NOES: None ABSENT: Commissioners Burnham and Rafanelli Plann' Commis n Chairperson ATTEST: Planning Direct - 3 - Z 1N3WH~Vlltl ~~ ~~. - ,. ~~~n -nr/g cam..... .._ l' "~ X15! -L~n~Q7 C)a~~~ ~~ ?)CY~Q'S_'~ z)C"L~7 ~c~ i ~~ n rc _. L ~~ ~ ~ old 1 ~~.~ \~\ n\\\~l _ . ~~ ~~ ~~~ 1 I~ ~ ~ ~Y o J ~ Q ~ ~ ~ 3 ~ 4 J l ~ _ 2 V ~~~~, j 6 cc ~0~~ 2~ v~ `~' ~ a ^ ' ~ -~ ~_~Sc~ e ~ N ~ U cad ~r'3 N ;;u ~t >N- -- i O a , ' C:. ~ ; : _ ~ `U ~ ~ 1' ,fit w U cv' w `~ ~ Q ~ ~... l~ a/17~ ~1C~`~'J '-~~ ~.