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114 to Section 15.9(c) Ordinance No. 1130, to permit construction of a building along a rear property line where a rear yard with aminimum depth of 151 is required, in a CG District, at 1450 El Camino Real, being lots 31 4, 5, and 6, Block A, Vera Ave. Villas, declared open and affidavits of publication and mailing ordered filed. Report of the Planning Commission was read stating a public hearing had been held by the Commission on May 9, 1967, at which time no protests had been received, and a variance had been denied by a tie vote. Staff reported this property has a 180, frontage along E1 Camino Real and a depth of 93' in a CG District with con- tiguous property to the rear being zoned R-4 and two single -storied apartment _ houses being located thereon within approximately 71 of the common property line. It was further stated an adjoining commercial building at this site maintains an 18, rear yard and a 251 separation from the same neighboring apartment houses. Applicant proposes to build a commercial structure for automobile tire sales and service up to the rear property line, whereas Zoning Ordinance requires no rear yard for this District classification except where the lot abuts any R -District to the rear, a minimum rear yard shall be maintained with a minimum depth of 15' Staff reported no conditions had been found to exist in this case to warrant granting of such a variance. Sidney L. Berlin, Attorney representing the applicants, advised since Planning Commission meeting, a modified plan had been prepared by Firestone Tire & Rubber Co, occupants proposing to use the planned building at this site, which he presented to Council. He described the modified plan which would require a variance for only last 34, 4" of property for a "T" shaped building with a 22 foot setback for the single story and a two-story building with no rear setback, with surrounding concrete paving on the single story portion. He stated this differed from original proposal for a single story building abutting the rear property line. He also stated that at the public hearing, Planning Com- mission had discussed problems caused by setback lines which usually resulted in accumulations of debris instead of being used for a practical purpose, and that plan as now modified would use setback line on portion of the build- ing as ingress and egress, and a 61 fence was also proposed at property line. Mr. Berlin cited other instances along E1 Camino and sub- mitted photographs in evidence where setback lines had not been maintained as not required under former Zoning Ordi- nance, or where variances had been granted for a setback and the space resulting in unsightly collections of debris. He further described details of operations proposed by the tenants, Firestone Tire & Rubber Company. Paul Tessendorff, 45 Claremont, expressed concern for park- ing situation in the area if this development is allowed. John Cost, Attorney, representing John Galet, owner of five duplexes at rear of property concernwith with this proposed development, protested modified proposal submitted with 2 -story building and the request being made for variance as _ felt full 15' setback required by Zoning Ordinance should be maintained, because lack of a setback would be detrimental to the rights of abutting property owner and tenants, and urged Council's denial of variance. After further discussion period and questioning of Staff as to more specific details of proposed modified plan submitted, and regarding assurance of adequate access for fire fighting equipment, use of rear yard, etc. Councilman Rosselli moved to close the public hearing, seconded by Councilman Petersen and carried. JW 12 W