Loading...
Resolution 13165CITY OF ALAMEDA RESOLUTION NO. 13165 APPROVING THE APPEAL OF RONALD W. STANLEY AND OVERTURNING THE PLANNING BOARD'S DENIAL OF MINOR DESIGN REVIEW AND VARIANCE, V -99 -12 FOR 630 SAND HOOK ISLE WHEREAS, an application was made on July 7, 1999 by Ronald Stanley, requesting Minor Design Review approval for an approximately 74- square foot expansion of a single - family residence and Variance, V -99 -12 to permit this expansion to encroach within 16 -feet, 4- inches from the rear property line, where a minimum 20 -foot rear yard setback is required; and WHEREAS, the application was accepted as complete on August 6, 1999; and WHEREAS, the subject property is designated Low- Density Residential in the General Plan Diagram; and WHEREAS, the subject property is located in an R -1 -Yf5 (One- Family Residence with Special Front Yard Minimum Depth of 5 -feet) Zoning District; and WHEREAS, the Planning Board held a public hearing on this application on November 8, 1999 and has examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board denied the Minor Design Review and Variance, V- 99 -12, based on the findings in the Planning Board Resolution PB- 99 -91; and WHEREAS, the Planning Board found that the proposal is Statutorily Exempt under California Environmental Quality Act Guidelines, Section 15270 - Projects which are disapproved; and WHEREAS, an appeal was filed on November 18, 1999 by Ronald W. Stanley to the City Council of the denial of the Minor Design Review and Variance, V- 99 -12: and WHEREAS, the City Council held a public hearing on this appeal on January 4, 2000, and has examined pertinent maps, drawings and documents; and WHEREAS, the City Council of the City of Alameda makes the following findings with respect to the appellant's bases of appeal and relative to the Variance to the proposed side yard setback pursuant to Subsection 30 -21.1 of the Alameda Municipal Code: 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 because; The dinning room is proportionally undersized for the size of the four bedroom, one story residence. In addition, the site backs up to the lagoon which serves as the major open space element in the neighborhood. Because of the location of the residence on the site, opportunities for residential expansion are limited unless a second story is added. However, a second story expansion would not provide the requested expanded dining area without a major alteration of interior living space and the relocation of the interior fire place. Therefore, the location of the house on the lot and the intemal configuration of the residence prevents a practical and cost - effective expansion of the dining area. 2. Because of 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 the property in the same district because; Limiting the applicant to a complying two -foot expansion to the side and rear would result in a practical difficulty of adding considerable expense to the project without providing sufficient interior space. The applicant has provided significant evidence that other properties enjoy interior space which otherwise would be denied him through the literal enforcement of the Zoning Ordinance. 3. The granting of the 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 because; The proposed expansion of the dining room into the rear yard setback would, not in itself, represent a detriment by reducing open space or expanding living space close to other occupied structures. This is especially true because the lagoon is located behind the house. No structures are located adjacent to the rear property line of the subject property and the lagoon element is the primary open space element behind the property. WHEREAS, the City Council of the City of Alameda makes the following findings relative to Design Review: 1. The project will not have significant adverse effects on persons or property in the vicinity because; The proposed expansion is consistent with the scale of residence and utilizes compatible architectural elements of the existing structure. Therefore, the completed project would not alter the scale and overall appearance of the structure and would not significantly affect the appearance of the overall structure. 2. The addition will be compatible and harmonious with the design and use of surrounding properties because; The addition is consistent in size and scale with the structure to which it is attached and will match the design of the existing residence and would be compatible with adjacent residential properties. 3. The addition will not be consistent with the City's Design Review Guidelines because; The addition is consistent with the required findings of the Variance, and therefore, it is consistent with the City's Design Review Guidelines. NOW, THEREFORE, BE IT RESOLVED THAT the City of Alameda hereby determines that the proposal is Categorically Exempt under California Environmental Quality Act Guidelines, Section 15301 - Minor Alteration of Existing Structures. BE IT FURTHER RESOLVED THAT the City Council approves the appeal and overturns the Planning Board's denial of the Minor Design Review and Variance, V- 99 -12, subject to with the following conditions: 1. The plans submitted for the Final Design Review and Building Permit and construction shall be in substantial compliance with the plans prepared by Peter Braun & Associates, dated June 26, 1999, consisting of two sheets, marked "Exhibit A ", on file in the office of the City of Alameda Planning Department, subject to and as modified by the following conditions: 2. The final plans shall be in compliance with the applicable Uniform Building Code. 3. Planning Staff site inspection is required prior to final Building Permit approval. The applicant shall notify the Planning Department at least three working days prior to the requested inspection date. 4. Design approval is valid for six months after the date of this approval. Final Design Review approval shall be obtained prior to June 4, 2000, unless the applicant applies for and is granted a six (6) month extension by Design Review Staff prior to said expiration. Only one (1) extension may be granted. 5. The Variance approval shall expire one (1) year after the date of approval or by January 4, 2001, unless all of the above conditions have been met to the satisfaction of the Planning Director prior to the date of expiration or, alternatively, an extension request is filed 30 days prior to the date of expiration. G: \CC\RESO \4 V 9912B. APL F;V -99 -12 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 4th day of January , 2000, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of January , 2000. D.ne Felsch, City Clerk City of Alameda