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HomeMy WebLinkAboutResolution No. 6147RESOLUTION NO. 6147 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE APPEAL OF A VARIANCE (V81-8) GRANTED BY THE SAN RAFAEL PLANNING COMMISSION TO PERMIT PARKING WITHIN THE FRONT SETBACK AT 98 WINDSOR AVENUE (AP 10-301-12) WHEREAS, application for a variance to allow parking in the front setback was made by the owner of the subject property; and WHEREAS, the Environmental Assessment resulted in a determination that the project was Categorically Exempt per Section 15105, Class 5 of the State EIR Guidelines; and WHEREAS, on June 9, 1981, the Planning Commission held a duly noticed hearing on said application; and WHEREAS, on June 9, 1981, the Planning Commission conditionally approved V81-8 with appropriate findings of fact pursuant to Section 14.80.040 of the Zoning Ordinance; and WHEREAS, on July 20, 1981, the City Council held a duly noticed public hearing on an appeal of the Planning Commission's determination and determined that a revision to the original conditions of approval recommended by the Planning Commission would satisfy neighborhood concerns. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council denies the appeal of the Planning Commission's granting of said variance to permit parking within the front setback with the following findings of fact and condition of approval: (1) That the steep upslope of 46% in the first 30 feet constitutes an exceptional or extraordinary circumstance applying to the land which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner. Without the variance, the applicant would have to excavate major portions of the hillside in order to comply with the setback requirements. Such excavation would involve the construction of elaborate and visually objectionable retaining walls and possible induce accelerated erosion. (3) That the granting of such application will not, 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 not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. The proposed parking pad is a less objectionable 41 ORAGINAL -1Ul - RESOLliTION NO. 6147 alternative than the conventional major excavation which would otherwise be required. As a result, the proposed development of the property will not adversely affect adjacent or vicinity properties. Condition of approval: Design Review by the Planning Commission for development of the proposed residences and parking pad shall be required to ensure that: (1) The property will be developed consistent with the recommendations of a soils report which shall be subject to geotechnical review. (2) The proposed residences will be stepped up the hill and will have the appearance of a one-story structure (assuming some underpinning because of the slope of the site) as viewed from Windsor Avenue. (3) The structure will be set back a total of 28 feet which will include a 10 -foot paved parking pad, a three foot planter between retaining walls, and a 15 -foot area to be landscaped/irrigated to provide an instant effect to mitigate the impact of the residences. It is acknowledged that a covered entrance way may encroach into the 15 feet no more than eight feet. (4) Building materials will be consistent with those found on existing houses on Windsor Avenue. I,JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the third day of August 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen & Nixon NOES: COUNCILMEMBERS: Acting Mayor Jensen ABSENT: COUNCILMEMBERS: Mayor Mulryan JEA N . LEONCINI, City Clerk -2-