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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