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,
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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