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Resolution 12802CITY OF ALAMEDA RESOLUTION NO.12802 APPROVING THE APPEAL OF BEN AND BARBARA, LUTTRINGER, PRINCE AND KATHRYN ROBINSON, AND DOROTHY WILLIAMS, AND OVERTURNING THE PLANNING BOARD'S APPROVAL OF VARIANCE, V-96-3 AND MAJOR DESIGN REVIEW, DR-96-12 FOR 1907 EAGLE AVENUE WHEREAS, an application was made on March 21, 1996 by Cheryl and Patrick Connolly requesting Major Design Review, DR-96-12, for a one story bedroom addition to the rear of the residence; and WHEREAS, an application was made on March 21, 1996 by Cheryl and Patrick Connolly requesting a Variance, V-96-3, to allow an addition which increases main building coverage to 46%-, where a maximum of 40-'5 is permitted; and to allow the addition with a 3.6 foot easterly side yard setback, where a minimum 5 feet is required; and WHEREAS, the addition would involve the extension of a noncomplying 14 inch side yard setback on the easterly side and a 4.5 foot side yard extension on the westerly side, when a 5 foot setback is required, which may be approved if it can be found that no adverse effects such as shading or view blockage would occur on adjoining properties, pursuant with Subsections 30-5.7(k) and (1) of the Alameda Municipal Code; and WHEREAS, these applications were accepted as complete on April 9, 1996; and WHEREAS, the subject property is designated Medium-Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in a R-3, (Garden Residential) Zoning District; and WHEREAS, the Zoning Administrator held a public hearing on this application on April 24, 1996 and examined pertinent maps, drawings, and documents; and WHEREAS, the Zoning Administrator referred the proposal to the Planning Board for public hearing and action because of public controversy; and WHEREAS, the Planing Board held a public hearing on this application on May 29, 1996 and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board of the City of Alameda found that the proposal is Categorically Exempt under CEQA Guidelines, Section 15301 (e)(1) - Additions to Existing Structures; and WHEREAS, the Planning Board approved the Variance, V-96-3 and Major Design Review, DR-96-12 applications; and WHEREAS, Ben and Barbara Luttringer, Prince and Kathryn Robinson, and Dorothy Williams filed an appeal to the City Council of the Planning Board action on June 10, 1996; and WHEREAS, the City Council held a public hearing on this appeal on July 16, 1996 and has examined pertinent maps, drawings, and documents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby makes the following findings relative to the Variances: 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. Lot Coverage: The 2,800 square foot parcel is small by the standards of the Municipal Code which requires a minimum of 5,000 square feet for a residential lot. This parcel accommodates a small, 943 square foot, one bedroom, one bath home. Because the existing residence already covers more than 39% of the lot, any expansion in compliance with coverage requirements is prevented. East Side Yard Setback: Because of the lot is small and narrow and the residence maintains limited front and side yard setbacks, any expansion must be made towards the rear of the lot. An expansion which maintained complying 5 foot side yard set backs would only allow an 18 foot wide addition, insufficient for an addition which reasonably expands and fits into the flow of the existing living area of the home. Because the adjacent property, at 1909 Chestnut Street, maintains a building up to the property line, the rear wall extension must be off-set in order to comply with the Building Code requirements. In order to maintain a fire safe condition and to conform with the Building Code, the applicants are prevented from extending the existing 14 inch setback because this would bring the addition within inches of the adjacent 2 story residential structure which is located on the property line and would prevent the installation of a bedroom window on the easterly wall. Extension of the existing plane surface of the easterly side wall would only provide a two foot side yard setback which would narrow to 14 inches, making construction and maintenance of the wall surface very difficult or impossible. 2. Because of these extraordinary circumstances, the literal enforcement of the Zoning Ordinance standards would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same zoning district. 2 Lot Coverage: The proposed addition represents a modest 171 square foot addition to a small, one bedroom residence. The house is the smallest in the neighborhood, with many of the adjacent properties supporting two story structures. A two bedroom house is generally regarded as a minimal residence size and a property right for a single family residence. East Side Yard Setback: Requiring the applicants to comply with the 5 foot side yard set backs, would prohibit them from adding usable living area to the home without a major alteration to the existing, interior living space. The requested reduced setback is consistent with the use of the adjacent property, at 1909 Chestnut Street, which maintains a 2 story residential building up to the property line between the two properties. 3. The granting of the variance, under the circumstances of the particular case, will be detrimental to the public welfare or injurious to persons or property in the vicinity. Lot Coverage: The added lot coverage would cause a detriment to adjacent properties by contributing to view blockage and shading to adjacent properties. East Side Yard Setback: The proposed side yard setback would cause a detriment to the adjacent properties by contributing to view blockage and shading to the adjacent properties. BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby makes the following findings relative to the Design Review: 1. The project will have significant adverse effects on persons or property in the vicinity. The project would cause a detriment to adjacent properties by causing increased shading and view reduction. 2. The additions will not be compatible and harmonious with the design and use of surrounding properties. The addition would create massing which would block sun exposure and views to adjacent properties. This would create an overall design which is not harmonious with adjacent properties. 3. The additions will not be consistent with the City's Design Review Guidelines. The proposed addition would not be compatible with the adjacent structures because it would cause shading and view blockage. Therefore, the project would not further the fundamental design characteristics of Alameda, as 3 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 16th day of July 1996, by the following vote to wit: AYES: NOES: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. Councilmember Lucas 1. ABSENT: None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of July , 1996. Sandee Rabe, Deputy City Clerk City of Alameda required in the Design Review Manual. 4. The 7.75 foot extension of the east wall with an existing 14 inch side yard setback and the 4.5 foot extension of the west wall with an existing 4.5 foot side yard setback is inconsistent with Subsection 30-5.7(k) of the Alameda Municipal Code because adverse effects such as shading or view blockage would occur on adjoining properties. Therefore, this finding cannot be made to approve the Design Review. BE IT FURTHER RESOLVED, that the City Council of the City of Alameda cannot make all of the required findings to approve the Variances and Design Review and therefore grants the appeal and denies Variance 96-3 and Design Review 96-12. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision or final action on any appeals plus extensions authorized by California Code of Civil Procedure Section 1094.6. 4