Resolution 13325CITY OF ALAMEDA RESOLUTION No.13325
APPROVING THE APPEAL OF STEVE THORNE AND OVERTURNING THE
PLANNING BOARD'S DENIAL OF VARIANCE, V00-20 AND MAJOR DESIGN
REVIEWDR00-092FOR1325 DAYTON AVENUE
WHEREAS, an application was made on August 18, 2000, and revisions submitted
December 5, 2000, by Mr. DiGirolamo of 1325 Dayton Avenue, requesting a Variance and Major
Design Review to legalize a second story addition to a garage where one story would be permitted,
and a second Variance is required to allow the height of the garage to remain at nineteen and a half
feet where fifteen feet would be permitted; and
WHEREAS, the application was accepted as complete on December 5, 2000; and
WHEREAS, the subject property is designated as Low-Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property is located in the R-1, One-Family Residence Zoning
District; and
WHEREAS, the Board held a public hearing on this application on January 22, 2001, and
examined pertinent maps, drawings, and documents; and
WHEREAS, on January 29, 2001, Steve Thome filed a timely appeal with the City
requesting that the City Council conduct an appeal hearing on March 20, 2001; and
WHEREAS, on March 20, 2001, the City Council held a public hearing and examined
pertinent maps, drawings and documents, as well as the record of the Planning Board hearings; and
WHEREAS, the City Council considered the staff responses to the bases of the appellants'
appeal as set out in Attachment 1 to the staff report, which attachment is hereby incorporated by
reference, and finds that there is merit in the bases of appeal; and
WHEREAS, the Council made the following findings relating to the Variance application
for height and a second story on the detached garage:
1. There are extraordinary circumstances applying to the property relating to the physical
constraints of the parcel, such as size, shape, topography, location or surroundings, or
applying to the proposed use of the property. This finding can be made because this
property is approximately 13,500 square feet in area where the minimum parcel area is 5,000
square feet. The property is 90 feet wide where the minimum parcel width is 50 feet. The
existing house has approximately 9,000 square feet of floor area within three stories which
is very large for Alameda. The house also exceeds the 30'-0" maximum height limit in this
zoning district. All of these factors contribute to creating a context of extraordinary
circumstances which would make this property unique within the vicinity. Alameda
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 a regular meeting assembled on the
20th day of March, 2001, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato -5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
21st day of March, 2001.
Diane Felsch, City Clerk
City of Alameda