HomeMy WebLinkAboutReso 130-86 HallFraserAppealDen RESOLUTION NO. 130-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
UPHOLDING THE PLANNING COMMISSION 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 inaccordance 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,
recommendations, 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, after hearing and considering all said reports,
recommendations, and testimony, the Planning Commission denied the Variance
request indicating that the mandatory finding of fact could not be made; and
WHEREAS, on October 22, 1986, Keith Fraser, representing the
Applicant, Ralph Hall, filed an appeal of the Planning Commission action; and
i WHEREAS, the City Council held a public hearing on said appeal on
November 10, 1986; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending upholding the
Planning Commission's action denying the Variance Application; and
WHEREAS, the City Council heard and considered all said reports,
recommendations, and testimony as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council 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.
BE IT FURTHER RESOLVED that the Dublin City Council does hereby
find that:
A) There are no special circumstances including size, shape,
topography, 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. Additionally, the granting of this Variance request will
constitute a special privilege in that other properties in the zone must
maintain 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 City Council does hereby
deny PA 86-026 Variance application, thereby upholding the Planning
Commission'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.Co Section 8-60.26 and 8-60.27) prior to January 5, 1987.
PASSED, APPROVED, AND ADOPTED this 10th day of November, 1986.
AYES:
Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder,
and Mayor Snyder
NOES: None
ABSENT: None
ATTEST:
City Clerk