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HomeMy WebLinkAboutReso 67-05 CuellarGarageConvers RESOLUTION NO. 67 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN 1c:flr**.******** REVERSING THE DECISION OF THE PLANNING COMMISSION AND DENYING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR THE PROPERTY AT 7697 CANTERBURY LANE (APN 941-0176-019) P A 04-036 WHEREAS, Luis Cuellar, Property Owner and Applicant, has requested approval of a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7697 Canterbury Lane in a Single Family Residential (R-l) Zoning District; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received November 1, 2004; and WHEREAS, the Project is Categorically Exempt ITom the provisions of the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15301(e)(2), Class I, as the project is an addition to an existing facility where the net increase in area is no more than 10,000 square feet and all services are available; and WHEREAS, the Planning Commission did hold a public hearing on March 22, 2005, and did adopt Resolution 05-22 approving PA 04-036 Cuellar Garage Conversion Conditional Use Permit; and WHEREAS, City of Dublin Mayor Janet Lockhart has appealed the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing in consideration of the appeal on May 3, 2005; 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 City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings have not been incorporated into the project in order to insure compatibility of this project with the project's design concept or theme and the character of adjacent buildings, neighborhood and uses. The surrounding homes have a similar design to the subject property that includes a garage. The proposed conversion of the garage to living space and removal of the garage door while maintaining the driveway wí1l not be consistent with the design and architecture of the homes in the surrounding area BE IT FURTHER RESOLVED that the Dublin City Council does hereby deny said application, PA 04-036, a request for a Conditional Use Permit, reversing the Planning Commission decision to allow the conversion of a garage to residential living space for the property at 7697 Canterbury Lane. PASSED, APPROVED AND ADOPTED this 3rd day of May 2005. AYES: Councilmembers Oravetz, Zika and Mayor Lockhart NOES: Councilmembers Hildenbrand and McCormick ABSENT: None ABSTAIN: None ATTEST: d-- K'/G/3-3-03/rcso 67-05 garage conversion (Item 6.1) O:\P Nt\2004\04-o36 CueI1ar {'~gc COIlvcrsion\Appeal\Cc Reøo.dtx: 2