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Resolution 12354CITY OF ALAMEDA RESOLUTION NO. 12354 DENYING THE BLUMBERG APPEAL AND SUSTAINING THE PLANNING BOARD APPROVAL OF THE DESIGN REVIEW, DR-92-146, AT 1526 FOUNTAIN STREET WHEREAS, an application was made on July 27, 1992 by George Soskin requesting Design Review approval to allow the addition of a studio, bathroom, and family room and the remodeling of two bathrooms and a kitchen; and WHEREAS, the Planning Board held a public hearing on this application on October 12, 1992 and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board made the following findings: 1. The proposal is Categorically Exempt under CEQA Guidelines, Section 15301(e) - Additions to Existing Structures. 2. The existing single family dwelling with the proposed additions is consistent with the General Plan designation of Low Density Residential. 3. The site and elevation plans comply with the development standards for an R-1 District of the Zoning Ordinance. 4. As conditioned, the project will have no significant detriment to persons or property in the vicinity. 5 As conditioned, no adverse effects on light, air, privacy, shading, or view blockage would occur on adjoining properties. 6. As conditioned, the project is compatible with its site, any adjacent or neighboring buildings or surroundings and promote harmonious transitions in scale and character in areas between different designated land uses. 7. As conditioned, the project will be consistent with the City's Design Review Guidelines. WHEREAS, on October 12, 1992 the Planning Board of the City of Alameda conditionally approved Design Review, DR-92-146. WHEREAS, an appeal was filed by, the owners of the adjoining property, at 1530 Fountain Street on October 22, 1992, listing the following issues: 1. "Demolition, rebuilding, and extension will be a detriment to persons and property in the vicinity due to the close proximity of the houses (there is an overhang distance of only 4 feet)." 2. "View blockage and privacy will be present due to large addition on the property line. Board has not addressed porch attachment to building." 3. "This project is much too complex for the area the builder has to work in without affecting the surrounding neighbors (24 feet in a 30 foot area)." WHEREAS, the Council heard the appeal on this application on December 1, 1992 and examined pertinent maps, drawings, and documents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said Council hereby concurs in the findings to approve Design Review, DR-92-146. BE IT FURTHER RESOLVED that the City Council hereby denies the appeal of DR-92-146 and affirms the decision of the Planning Board to approve DR-92-146 subject to the conditions of the Planning Board as set out below: 1. Plans approved for a Building Permit and all construction pursuant to the Building Permit shall be substantially consistent with the plans prepared by Raymond F. Greenwood and George Soskin dated September 4, 1992, consisting of 9 sheets, and marked Exhibit "A" in Planning Department files, except as modified by the following conditions of approval. 2. Prior to the issuance of a building permit, the applicant shall amend the plans to remove the most easterly window on the bottom floor of the north elevation (as hand marked on page A-4 of the plans, submitted to the Alameda City Planning Department, September 15, 1992). 3. Prior to the issuance of a building permit for the proposed addition and remodeling, the applicant shall record a deed restriction, first reviewed and found acceptable by the Planning Director in consultation with the City Attorney's office, declaring that the subject residence at 1526 Fountain Street shall be limited to a single family occupancy unless and until a second unit use permit is approved pursuant to Section 30-4.1(c)(5). 4. This design review approval shall be vested within six months of the date of approval. Vesting shall consist of the issuance of a building permit for the development approved herein. The applicant may request an extension of this time period by submitting a written request and any required fees prior to the expiration of the six months. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 1st day of December , 1992, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: (0) None. (3) CounciThembers Arnerich_,' Roth. and Ptesident Withrow. (2) Councilmembers Camicia and Lucas. (0) None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of December Diane . Felsch, City Clerk City of Alameda