HomeMy WebLinkAboutCC Resolution 7845 (267 Bret Harte Road)RESOLUTION NO. 7845
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL GRANTING AN EXCEPTION TO ALLOW A
SECOND DWELLING UNIT WHICH EXCEEDS 40% OF THE SIZE
OF THE MAIN DWELLING UNIT - 267 BRET HARTE ROAD
WHEREAS, Section 14.16.025(a.6) allows for granting of exceptions to the
size restrictions for second dwelling units by the City Council; and
WHEREAS, a request for an exception to allow a second dwelling unit
equaling 53% of the size of the main unit was submitted in conjunction with UP88-
38 and ED88-30 for property located at 267 Bret Harte Road; and
WHEREAS, the San Rafael Planning Commission reviewed and approved UP88-
38 and ED88-30 on September 13, 1988, and unanimously recommended that the City
Council grant an exception to allow the second dwelling unit size to exceed 40
percent of the main dwelling unit; and
WHEREAS, the City Council reviewed all elements of the exception request
at a duly advertised public meeting on October 3, 1988.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby grants an
exception to allow the second dwelling unit size to exceed 40 percent of the main
dwelling unit based on findings as follows:
1. The proposed second dwelling unit is consistent with the General Plan
land use designation of Hillside Residential typical of developed single
family residential areas and subdivision of the property to allow
additional units on the subject site would not be consistent with the
Zoning Ordinance.
2. The establishment of the unit will not under the circumstances be
detrimental to the health, safety, peace, morals, comfort and general
welfare of persons in the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare
of the City. The unit, as proposed, is consistent with setback, lot
coverage, parking and height restrictions.
3. The overall size of the existing dwelling is an unusual circumstance in
relation to the size of other homes in the general vicinity and unduly
restrains the size of the second unit. Approval of the exception
request would, therefore, not be granting of special privilege.
BE IT FURTHER RESOLVED that UP88-38 and ED88-30 are approved with the
conditions listed in Exhibit A which is attached and made a part hereof.
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 3rd
day of October , 1988, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ORIGINAL
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