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HomeMy WebLinkAboutCC Resolution 7907 (HIghland Avenue Appeal)RESOLUTION NO. 7907 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF s87-9, DENYING A TWO LOT SUBDIVISION ON HIGHLAND AVENUE AT HUBBELL COURT WHEREAS, a small subdivision application was submitted for two lots on Highland Avenue at Hubbell Court requiring an exception for lot width to the requirements by slope of the City's Subdivision Ordinance; and WHEREAS, the Planning Commission reviewed the proposed project at the regular meeting of November 29, 1988, received the planning staff recommendation and public testimony and voted to adopt a Negative Declaration, grant the lot width exception and approve the proposed subdivision; and WHEREAS, the Negative Declaration and project approval was appealed to the City Council and the City Council heard the matter at a duly noticed public hearing on January 17, ��%%3:2 NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby upholds the appeal of the Planning Commission's adoption of a Negative Declaration and approval of s87-9 based on the following findings: (1) Approval of this subdivision would require granting of an exception to the requirements by slope of the City's Subdivision Ordinance in that lot 2 as proposed has an average lot width of 130 feet, whereas a minimum average lot width of 190 feet would otherwise be required based on the 42% average slope of the proposed lot. Granting of such an exception is not appropriate in this case in that the proposed lot 2 would not provide an adequate building site based upon the steep slope. Construction of an additional home on the subject property has potential to create adverse visual impacts on the surrounding neighborhood given this steep slope and high visibility of the subject property. Also, reasonable access to the site is not demonstrated in that placing two homes on the subject property would necessitate steep driveway grades of 18 and 22% with retaining walls up to six feet in height. (2) Granting the exception is not necessary for the preservation and enjoyment of a substantial property right of the applicant in that one single family house can be constructed on the property without subdivision, use permit or environmental and design review approval. RESOLUTION NO. 7907 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 Sixth day of Fehri,ar , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE N�Z�LE'LCI I, City Clerk