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HomeMy WebLinkAboutCC Resolution 7227 (148 Bret Harte Rd)RESOLUTION NO. 7227 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL UPHOLDING AN APPEAL OF THE PLANNING COMMISSION ACTION AND APPROVING PARCEL MAP AND VARIANCE APPLICATIONS FOR A TWO LOT SUBDIVISION LOCATED AT 148 BRET HARTE ROAD (AP 13-251-11) (s84-12 and V85-21) WHEREAS, the City of San Rafael received an application to subdivide a 1.25 acre parcel, developed with one single family dwelling, into two lots/building sites; and WHEREAS, in staff's review of the proposal it was determined that the subdivision would result in lot widths that would be 93 feet and 96 feet respectively. The R -1-B-3 zoning district requires lot widths of 100 feet. The applicant filed a variance application requesting a reduction to the required lot width. This variance request accompanied the subdivision application; and WHEREAS, on August 27, 1985, the Planning Commission reviewed the proposed subdivision and accompanying variance request, voting 5-1 (Boro dissenting) to deny the applications. The Planning Commission found that there were no special or unusual circumstances surrounding the subject property which warrant approval of a variance for reduction in lot widths; and WHEREAS, on September 4, 1985, an appeal was filed by the applicant; and WHEREAS, on November 4, 1985, the City Council held a public hearing on the applicant's appeal of the Planning Commission's decision and considered the staff report and graphic displays. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council upholds the applicant's appeal and finds that there are special circumstances surrounding the subject property determining that the subdivision should be granted in that: s84-12 (1) The site is physically suitable for the proposed development. Design review has been required as a condition of the approval to ensure that a single family dwelling can be designed on this site so that it is compatible with the scale of surrounding structures and sensitive to this ridgeline location. There is a sufficient ni mtlN At RESOLUTION NO. 7227 size flat development pad on Lot B which is large enough to provide on-site parking for four vehicles and a usable outdoor yard area. (2) The subdivision would not result in adverse environmental impacts. Increased runoff from development will be contained and disbursed through a perforated pipe so that drainage is not concentrated downslope from development. There would be no impacts to water quality in that there is adequate sewer capacity. V85-21 (1) There are special and unusual circumstances surrounding the subject property which warrant approval of a variance for reductions in lot widths. A 30 foot wide portion of the subject property was conveyed to the adjacent property owner several years ago. If this 30 foot portion was not deeded to the adjacent property owner, there would have been adequate lot width to comply with the R -1-B-3 District. Additionally, the reduced lot widths of 93 feet and 96 feet respectively would be consistent with the range of lot widths that exist along Bret Harte Road. (2) The granting of this variance for reduction in lot width is necessary for the preservation and enjoyment of the applicant's property rights. The variance is necessary to allow development on a site that is physically suitable for this proposed development. (3) Issuance of a variance would not impact surrounding properties or improvements in that there is an adequately sized building envelope for construction of an additional single family dwelling. This building envelope is flat and is large enough to provide on-site parking for four vehicles and a usable yard area. Design review is required as a condition of approval to ensure that a single family dwelling is designed to be compatible with surrounding structues without impacting or overpowering the rural character of Bret Harte Road. BE IT FURTHER RESOLVED that the City Council hereby approves the parcel map (s84-12) and variance (V85-21) for reduction in the required lot width with the conditions outlined in attached Exhibit 'A'. 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 Eighteenth day of November 1985, by the following vote, to wit: AYES: COUNCILMEMBERS : Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS =.None ABSENT: COUNCILMEMBERS : None JEAVN M. LEONCINI, ity Clerk EXHIBIT 'A' Conditions of Approval: PUBLIC WORKS (a) Plans and Permits (1) Prior to issuance of building permits, engineered improvement plans shall be submitted for approval by the City Engineer. (b) Grading and Earthwork (1) Grading, drainage and foundation plans shall be reviewed and signed by the soils engineer. (2) All earth and foundation work shall be done under the direction of a soils engineer, and a final report shall be submitted prior to acceptance of the work. (3) A grading permit will be required. (c) Storm Drainage (1) Runoff from improved areas shall be conveyed to established drainage patterns utilizing an engineered dispersion method approved by the City Engineer and shall not be diverted or concentrated onto adjoining properties. PLANNING DEPARTMENT (d) Lot B shall be subject to use permit and design review permit approval. This shall be noted on the parcel map. (e) A minimum of four on-site parking spaces shall be provided for Lot B. (f) Any removal of the dense vegetation growth located northeast of the proposed building pad for Lot B shall be identified on the site plan at the time of design review. (g) To insure continued privacy for adjacent properties (140 Bret Harte Road), special landscaping and building design treatment shall be required at the time of design review for Lot B. (h) Development of a single family dwelling on lot B shall be designed so that the structure (house and enclosed parking) is setback 80' from the front property line to maintain views and light to adjacent properties. (i) This parcel map and variance shall be approved for two years or until November 18, 1987, and shall become null and void unless a parcel map is recorded or a time extension granted.