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MO 96-259
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MO 96-259
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Last modified
7/5/2005 2:42:19 PM
Creation date
1/9/2003 9:32:18 AM
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Template:
CC Index
CC Index - Document Type
Minute Order
Agency Type
City Council
Date
10/28/1996
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Bradford Whitaker <br />Zoning Administrator <br />Page 4 <br /> <br /> 16. Appellant contends that the Zoning Administrator's denial of <br />Appellant's application for variances is not supported by the findings, that the <br />findings are without supporting evidence and that the requirement for an EIR for <br />the construction of a single-family residence, "...has no basis in law or fact." <br />(Appeal letter dated March 21, 1996). <br /> <br /> 17. Appellant further contends that the Property is geologically stable, <br />and that such geological hazards as may exist in the area affect lots located <br />along the southerly and easterly extension of Laurel Way, beyond the Property. <br /> <br /> 18. At the hearing on the appeal, Appellant proposed to revise the Project <br /> by increasing the front yard (setback) to conform to the 25-foot setback required <br /> by the Zoning Ordinance (Zon. Ord. § 4.9a). <br /> <br /> 19. Further, at the hearing, Appellant proposed, to enter into an <br /> agreement with five other owners of lots fronting on Laurel Way to fund the <br /> construction of a 29-foot wide extension from that portion currently improved to <br /> City standards to the southerly boundary of Appellant's Property. Said proposal <br /> included, by implication, approval by the City of development of the aforesaid five <br /> additional pamels of property. No agreement in writing encompassing the <br /> foregoing proposal was presented by Appellant or other interested parties, and <br /> no details were described as to the terms and conditions thereof. <br /> <br /> 20. Every variance to the Zoning Ordinance shall be granted or <br /> conditionally granted only when the applicant (Appellant) establishes: <br /> <br /> "(a) That because of special cimumstances applicable to the <br /> subject property, including size, shape, topography, location, or <br /> surroundings, the strict application of [the Zon. Ord.] would depdve <br /> the subject property of privileges enjoyed by other properties in the <br /> vicinity and under identical zone classification. <br /> <br /> (b) That the adjustment authorized by the Variance, if <br /> granted, shall not constitute a grant of a special privilege <br /> inconsistent with the limitations upon other properties in the vicinity <br /> and zone in which the subject property is located. <br /> <br /> (c) That the granting of the Variance will not be contrary to <br /> the intent of [the Zon. Ord.]." (Zon. Ord. § 43.4). <br /> <br /> 21. The size, shape, topography, location and surroundings of the <br /> Property are not unlike that pertaining to other properties in the vicinity and under <br /> the identical RH Zone classification. The average slope of the Property is within <br /> <br /> <br />
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