Resolution 13823CITY OF ALAMEDA RESOLUTION NO.13823
UPHOLDING THE PLANNING BOARD'S DENIAL OF
MAJOR DESIGN REVIEW DR04 -0082 AND VARIANCE VO4 -0014
FOR THE CONVERSION OF AN EXISTING GARAGE INTO A DWELLING UNIT
AT 1608 SANTA CLARA AVENUE
WHEREAS, an application was made on July 9 2004, by Peter Braun for property owners,
Michelle & Frank Mulligan, for Variance and Major Design Review approval to permit the conversion
of an existing garage in to an in -law unit. The applicant is requesting the following Variances:
1 Variance to AMC Subsection 30-4.40)(6), for the eight -inch side yard, where
five feet is required for the first story and seven feet is required for the second
story.
2. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where
twenty feet is required.
3. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation
between the main building and the proposed cottage, where a twenty foot
separation is required.
4. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped
separation between the proposed parking spaces and buildings /property lines,
where a three foot landscaped separation is required.
5. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which
is approximately twenty feet wide, where residential driveways are limited to a
maximum of ten feet, or sixteen feet if the driveway serves a two car garage
located within fifty feet of the street frontage.
6 . Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped
separation between the proposed driveway and the property line, where a one
foot landscaped separation is required.
7. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces,
where a minimum of four off-street parking spaces is required for two dwelling
tuts.
WHEREAS, the subject property is designated Medium-Density Residential in the General
Plan Diagram; and
WHEREAS, the subject property
District; and
s located' in an R -4, Neighborhood Residential Zo
ng
WHEREAS, the Planning Board held a public hearing on this application on February 14,
2005 and examined pertinent maps, drawings, and documents and denied the application; and
WHEREAS, on March 15, 2005 the City Council of the City of Alameda held a public
hearing for the appeal of the Planning Board's prior denial and examined pertinent documents as
well as the record of the Planning Board hearing; and
WHEREAS, the City Council makes the following findings:
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.
This finding cannot be made. The lot is nonconforming in width, however, this does not represent an
extraordinary circumstance of physical constraint since the lot size (5,900 square feet) and the
configuration is not unique in this neighborhood or Alameda in general. In addition, the lot is large
enough in size and is configured in such a way that a detached garage could be designed to be fully
compliant with AMC standards.
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 applicants of a substantial property right possessed by other owners of
the property in the same district.
Staff cannot make this finding. There is no practical difficulty or unnecessary hardship such as to
deprive the applicants of a substantial property right possessed by other owners of the property in the
same district because other residences in this neighborhood are held to the same zoning standards
and maintain lots with the same size limitations and advantages. The property owner has created a
self - imposed hardship by constructing a non - conforming accessory structure that extends up to the
side and rear property lines.
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.
This finding cannot be made. The proposal to retain the already constructed accessory structure
within the side and rear property lines has the potential to create increased traffic and noise along the
south and east side of the yard, which may be injurious to the adjacent and abutting residential
properties located to the south and the east.
WHEREAS , the City Council is unable to make the findings with respect to the appellants
bases of appeal and relative to the Major Design Review application because the conversion of the
existing garage addition has the potential to cause adverse effects to surrounding properties under the
Variance findings; and therefore, the project proposal cannot be found to be compatible and
harmonious with the design and use of surrounding properties. However, the project could be
redesigned to meet AMC standards and be consistent with the City's Design Guidelines. If the
project were redesigned, findings could be made to support the Design Review.
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt from the California Environmental Quality Act, under Section 15301 of the
CEQA Guidelines - Existing Facilities.
BE IT FURTHER RESOLVED that the City Council denies the appeal and upholds the
Planning Board's denial of Major Design Review DR04-0082 and Variance VO4-0014 to permit the
conversion of an existing detached garage to be used as a dwelling unit.
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.
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 the regular meeting of the City
Council on the 15th day of March, 2005, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1I have hereunto set my hand and affixed the official seal of said City
this 16th day of March, 2005.
1
Lara Weisiger, City Cl
City of Alameda