Resolution 12709CITY OF ALAMEDA RESOLUTION NO. 12709
UPHOLDING THE PLANNING BOARD'S DENIAL OF
VARIANCE V-95-5 IN PART FOR THE EXPANSION OF
THE BAY WINDOWS FOR 1574 PACIFIC AVENUE
WHEREAS, a variance was filed on August 21, 1995 by submitted
the appropriate fees for connection of the bay window on the rear
structure which exceeds the maximum permitted width of 10 feet; and
WHEREAS, the application was accepted as complete on August
22, 1995; and
WHEREAS, the subject property is designated as Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located within an R-4
(Neighborhood Residential) Zoning District; and
WHEREAS, a variance was requested for the connection of bay
windows on the rear structure; and
WHEREAS, the Planning Board held a public hearing on this
application on September 21, 1995, and examined pertinent maps,
drawings, and documents; and.
WHEREAS, the Planning Board denied Variance, V-95-5 in part
for the expansion of the bay windows; and
WHEREAS, an appeal was filed on October 3, 1995 by David Self
on behalf of Florencio Tayag, of the denial by the Planning Board
of the Variance; and
WHEREAS, the City Council held a public hearing on this appeal
on November 7, 1995, and has examined pertinent maps, drawings and
documents; and
WHEREAS, the City Council concurs in the following findings of
the Planning Board, and upholds the Planning Board denial of
Variance 95-5 for the connection of the bay window on the rear
structure which exceeds the maximum permitted width of 10 feet:
1. There are no extraordinary circumstances applying to the
property relating to the physical constraints of the
parcel, such as size, topography, location or
surrounding.
There are no physical constraints which prohibit the
construction of two bay windows which comply with the Alameda
Municipal Code.
2. Because of these extraordinary circumstances, the literal
enforcement of the Zoning Ordinance standards would not
result in practical difficulty or unnecessary hardship
such as to deprive the applicant of a substantial
property right possessed by others of the property in the
same zoning district.
The windows were originally approved as two complying bay
windows and could be converted back to two windows. If this
variance was denied, the applicant will still be able to
convert the bay window to the two bay windows as originally
approved without any practical difficulty. Therefore, there
will be no deprivation of property rights because construction
of the bay windows as approved is possible.
3. The granting of a variance, under the circumstances of
the particular case, will not be detrimental to the
public welfare or injurious to persons or property in the
vicinity.
The approval of the bay window in the rear of the rear
building will not have a detrimental impact on adjacent
properties. The bay window is approximately nineteen feet
from the rear property line. No privacy issue will result
from approval of the expanded bay window. Furthermore, the
bay window can not be viewed from the street and the enclosure
only minimally adds to the square footage of the bedroom.
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 7th day of
November , 1995, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
None,
None.
ABSTENTIONS None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of November , 1995.
4
Diane B. Felsch, City Clerk
City of Alameda