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HomeMy WebLinkAboutCC Resolution 8018 (98 Windsor Avenue)RESOLUTION NO. 8018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF V88-24 AND ED86-55(c), APPROVAL OF A DESIGN REVIEW PERMIT AND VARIANCE FOR A DETACHED CARPORT WITHIN THE FRONT YARD SETBACK AT 98 WINDSOR AVENUE WHEREAS, the San Rafael Zoning Administrator considered V88-24 on January 4, 1989, and denied the project; and WHEREAS, the matter was then appealed to the Planning Commission and the Planning Commission heard the matter at a duly noticed public hearing on April 11, 1989, and approved the appeal of the Zoning Administrator's denial; and WHEREAS, the matter was then appealed to the City Council, and the City Council heard the matter at a duly noticed public hearing on August 7, 1989. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby upholds the appeal of the Planning Commission conditional approval of a detached carport structure within the front yard setback at 98 Windsor Avenue and denies V88-24 and ED88-55(c) based on the findings as follows: V88-24 (1) There are no exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property which do not generally apply to other properties classified in the same zoniong district. The subject property is located within the R-1 zoning district, as is the entire area surrounding the parcel, which includes both Windsor and Chestnut Avenues. The topography of the subject property is consistent with the topography of surrounding developed properties. (2) The granting of the application is not necessary for the preservation of enjoyment of substantial property rights of the petitioner in that the property is presently developed with a conforming single family house and two on-site tandem parking spaces. (3) The granting of a variance will constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. All existing parking decks and garages in the surrounding neighborhood are set back from the front property line in a uniform manner. The proposed zero lot line carport structure would be inconsistent with the development pattern in the neighborhood. (4) As proposed, the project is inconsistent with the General Plan 2000, specifically with Policies Lu -10, Lu -19 and Lu -20. r' � �N! .� RESOLUTION NO. 8018 ED88-55(c) (1) This project as proposed is inconsistent with criteria used to approve design review permits in that the proposed structure does not relate harmoniously with existing structures and development in the vicinity. 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 Monday , the 21st day of August 1989, by the following vote, to wit: AYES: COUNCILMEMBERS = Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS = None ABSENT: COUNCILMEMBERS : Mayor Mulryan JEA6 --M. LEONCIN , City Clerk