HomeMy WebLinkAboutReso 064-88 RamirezVarianceDenyRESOLUTION NO. 64-88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
UPHOLDING THE PLANNING COMMISSION'S ACTION AND DENYING
PA 87-176 RAUL P. RAMIREZ VARIANCE REQUEST TO ALLOW AN EXISTING
ACCESSORY STRUCTURE ATTACHED TO THE MAIN STRUCTURE TO PROJECT
INTO THE REQUIRED SIDEYARD SETBACK, RESULTING IN NO SIDEYARD SETBACK
ON ONE SIDE OF THE HOME (WHERE A MINIMUM OF 6 FEET IS REQUIRED
BY THE ZONING ORDINANCE).
WHEREAS, Raul P. Ramirez filed an application for a sideyard
setback Variance from Sections 8-26.6, 8-40.2 and 8.60.26 of the City's Zoning
Ordinace to allow an existing accessory structure attached to the main
structure to project into the required sideyard setback, resulting in no
sideyard setback on one side of the home (where a minimum of 6 feet is
required; 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 a Public Hearing on said
application on February 11, 1988; 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 denial of the
sideyard setback Variance; and
WHEREAS, on February 11, 1988, after hearing and considering all
said reports, recommendations and testimony as hereinabove set forth, the
Zoning Administrator denied PA 87-176 Ramirez sideyard setback Variance request
at 8686 Davona Drive; and
WHEREAS, on February 20, 1988, Raul P. Ramirez appealed the Zoning
Administrators February 11, 1988 action; and
WHEREAS, on March 21, 1988, the Planning Commission held a Public
Hearing to consider said appeal; and
WHEREAS, proper notice of said Public Hearing was given as required
by law; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations and testimony as hereinabove set forth; and
WHEREAS, on March 21, 1988, after hearing and considering all said
reports, recommendations and testimony as hereinabove set forth, the Planning
Commission denied PA 87-176 Ramirez sideyard setback variance request at 8686
Davona Drive; and
WHEREAS, on March 31, 1988, Raul P. Ramirez appealed the Planning
Commission's March 21, 1988 action; and
WHEREAS, on April 25, 1988, the City Council held a Public Hearing
to consider said appeal; and
WHEREAS, proper notice of said Public Hearing was given as required
by law; and
WHEREAS, the City Council heard and considered all said reports,
recommendations and testimony as hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
A) There are no special circumstances relating to physical characteristics
including size, shape, t6pography, 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 if strict
observance of the yard and setback standards of the district were observed.
B) The granting of the sideyard setback Variance would constitute a grant of
special privileges inconsistent with the limitations upon other properties in
the vicinity and zone, in that if granted, the Applicant would have the special
privilege of having a zero sideyard setback while other similar property owners
would have to provide a minimum 6 foot sideyard setback.
C) The granting of this sideyard setback Variance would be detrimental to
person or property in the neighborhood because, if approved it could set an
unwanted precedence of granting Variance in situations where the standards of
the Zoning Ordinance could be complied with.
BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby
uphold the Planning Commission's action and deny PA 87-176 Raul P. Ramirez
sideyard setback Variance application as generally depicted by materials from
April 25, 1988 City Council Agenda Statement, on file with the Dublin Planning
Department.
PASSED, APPROVED AND ADOPTED this 25th day of April, 1988.
AYES: Councilmembers Hegarty, Moffatt, Snyder and Mayor Jeffery
NOES: Councilmember Vonheeder
ABSENT:
ATTEST:
y
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