HomeMy WebLinkAboutCC Resolution 9081 (91 Bret Harte Lane Appeal)RESOLUTION NO. 9 0 81
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION OF
OCTOBER 26, 1993 RE: APPROVAL OF V93-9, VARIANCE TO FRONT YARD SETBACK
FOR A SINGLE FAMILY RESIDENCE; 91 Bret Harte Lane; Sherrod and Sharon Hixon,
Owners; Harvey and Marilyn Rich, Appellants; AP No. 13-263-16
WHEREAS, a variance to the front yard setback was filed for 91 Bret Harte Lane and
found to be complete for processing; and,
WHEREAS, the Planning Commission reviewed the proposal at a regular
meeting on October 26, 1993, received the planning staff report recommendation, took public
testimony, and voted (5-1-1) to approve said application; and,
WHEREAS, Harvey and Marilyn Rich appealed the Planning Commission's
approval of the front yard variance to the City Council and requested that the approval be
denied; and,
WHEREAS, the City Council considered the appeal at a duly noticed public hearing
January 3, 1994 and received public testimony on this item from all interested parties; and,
WHEREAS, the City Council determined that the appeal was without merit.
NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council denies the
appeal based on the following findings:
1. Special circumstances such as the steep topography of the site, the slide area,
and the geotechnical report which defines the recommended building site apply to
the property. All of these restrictions are unique to the site and require any house
which is of a similar size to other homes in the neighborhood to be located
adjacent to the roadway. This denies the property owner the privacy normally
granted by front yard setbacks. To compensate for this loss of privacy, the home
design incorporates within the front yard setback a privacy screen which is an
integral part of the home design. The strict application of the front yard setback
requirement would deprive the property of privacy and privileges enjoyed by
other properties in the vicinity and under identical zoning classification.
2. Because of the defined building envelope, the steepness of the slope,
geotechnical constraints which discourage grading and slope disturbance, and the
necessity for a street level garage entrance and for a privacy screen, the granting of
the variance will not constitute a grant of special privileges inconsistent with the
limitations upon properties in the vicinity and district in which such property is
situated.
3. Granting a variance for 91 Bret Harte Lane does not authorize a use or activity
which is not otherwise expressly authorized by the zoning regulations for the
zoning district in which the subject property is located.
4. The project design will not be detrimental to the public health, safety or
welfare nor materially injurious to properties or improvements in the vicinity. It
has been reviewed by City agencies and their comments and recommendations
have been incorporated into the project design and conditions of approval. The
Public Works Department has reviewed the design for the two off-street parking
spaces and determined that adequate vehicular clearance is provided.
ORIGINAL
.yam
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on Tuesday, the 18th day of January, 1994, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk