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HomeMy WebLinkAboutCC Resolution 7861 (227 Jewell Street)RESOLUTION NO. 7861 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF V88-19, DENYING A VARIANCE FOR CONSTRUCTION OF A DETACHED TWO CAR GARAGE WITHIN SIDE AND FRONT YARD SETBACKS AT 227 JEWELL STREET. WHEREAS, the San Rafael Zoning Administrator considered V88-19 on July 20, 1988, and continued the item pending additional information; and WHEREAS, the San Rafael Zoning Administrator further considered the matter on August 3, 1988, and approved the project with numerous conditions; 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 September 27, 1988, and denied the appeal of the Zoning Administrator approval; 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 November 7, 1988. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby upholds the appeal of the Planning Commission's conditional approval of a detached two -car garage within front and side yard setbacks at 227 Jewell Street and denies V88-19 based on the findings as follows. 1. The granting of the variance is not necessary for the preservation and enjoyment of substantial property rights of the petitioner in that only one parking space was provided in the pre-existing garage and two on- site parking spaces were requested in the proposed garage, and other options for on-site parking can be considered, such as a parking deck or carport. 2. The granting of such application will, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. The garage at the proposed location may prejudice future sidewalk improvements in the neighborhood. 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 November , 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor P'ulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J M. LEONCI P, City C er c "U�" N-VINAlf 7861