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HomeMy WebLinkAboutCC Resolution 6940 (19 Indian Rd Septic System)RESOLUTION NO. 69 A RESOLUTION OF THE CITY COUNCIL (ACTING AS THE BOARD OF APPEALS) OF THE CITY OF SAN RAFAEL GRANTING AN APPEAL FROM TITLE 19 OPEN SPACE REQUIREMENTS (19 INDIAN ROAD - PRIVATE SEPTIC SEWER SYSTEM) WHEREAS, the City Council of the City of San Rafael may serve as a Board of Appeals; and WHEREAS, the applicant for 19 Indian Road has appealed a prohibition of Title 19, Open Space, of the Municipal Code of the City of San Rafael; and WHEREAS, applicant has specifically requested permission to install a portion of a private septic sewer system on City open space; and WHEREAS, following a noticed hearing in which applicant was given full opportunity to be heard, the City Council, acting as the Board of Appeals, does hereby find as follows: 1. That there are exceptional and extraordinary cir- cumstances and conditions applicable to the request. 2. That the exception is necessary for the preservation and enjoyment of a substantial right of the petitioner. 3. That granting the exception will not be detrimental to the public welfare or injurious to other property or property owners in the vicinity of the property which is the subject of the exception. 4. That the applicant agrees to enter into an agreement with the City of San Rafael in the form attached hereto as Exhibit "A", to govern this exception. NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council, acting in its capacity as the Board of Appeals, that in the foregoing findings, the appeal for relief from the provisions of Title 19 at 19 Indian Road be and is hereby granted. 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 15th day of October following vote, to wit: , 1984, by the AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OHZIGYF JEgW M. LEONCINIY it Clerk 26.3 B/30