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
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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
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