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.
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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