HomeMy WebLinkAboutPC Reso05-12 Richardson Sideyard Setback CUP DENIED
RESOLUTION NO. 05 - 12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
TO DENY A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE
WITH AN EXCEPTION FROM SIDE YARD SETBACK REQUIREMENTS
LOCATED AT 7230 DOVER COURT, APN 941-0197-056 (PA 04-050)
WHEREAS, the Applicants, Mr. and Mrs. Richardson, have requested a Conditional Use Permit
to legalize an accessory structure consisting of a shed (96 square feet and 1 ° feet high) with an exception
from the required 5-foot side yard setback to a setback of2 feet and 2 inches at 7230 Dover Court (APN
941-0197-056), pursuant to Zoning Ordinance Section 8.40.020(F)(2); and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impact and that environmental documents be prepared, and the project has been found to be Categorically
Exempt from CEQA, according to Section 15301(1) because the project application request consists of
minor modifications to an existing developed lot; and
WHEREAS, the Planning Commission held a public hearing on said application on February 8,
2005; 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 the
Planning Commission deny the Conditional Use Permit; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed accessory structure is not
appropriate for the subject site as located within the required side yard setback.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does find
that pursuant to the purposes and intent of the Single-Family Residential District, Chapter 8.20, and the
provisions and requirements of Conditional Use Permits, Chapter 8.100, and Accessory Structures &
Uses, Chapter 8.40, the proposed accessory structure is not compatible with other land uses, transportation
and service facilities in the vicinity; and the site is not physically suitable for the type, density, and
intensity of the use and related structures because of the following facts:
1. The size ofthe utility shed is not typically associated with Single-Family Residential
neighborhoods, because it is four (4) feet taller than the property's fence and it is highly visible
from the Dover Court public right-of-way; and
2. The design of the utility shed will impact the safety of adjacent neighbors because the southern
wall of the shed is not I-hour fire-rated pursuant to Uniform Building Code requirements related
to fire hazards.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 04-050, Conditional Use Permit for a utility shed accessory structure with an exception from a
required side yard setback, located at 7230 Dover Court, APN 941-0197-056, as depicted on project plans
attached as Exhibit A to this Resolution.
PASSED, APPROVED and ADOPTED this 8th day of February, 2005.
AYES:
Chair Schaub, Cm. Biddle, King, and Wehrenberg
NOES:
ABSENT:
Cm. Fasulkey
ABSTAIN:
(/ PvL
Plannmg Commission Chairperson
ATTEST:
C::\ V
P1Lming Manager
G:\PA#\2004\04-050 Richardson Shed CUP\CUP reso.doc
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