Resolution 1980- 43
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RESOLUTION NO. 80-43
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
GRANTING ON ~PEAL AN APPLICATION FOR VARIANCE TO
REDUCE REQUIRED SIDE YARD SETBACK AT 494 FIFTH
STREET.
WHEREAS, ANTHONY J. FUMAGALLI has filed an appeal in due
form from a Resolution No. 80-24 of the Planning Commission of the
City of Gilroy denying a variance of required side yard setback
from 10 feet to 0 feet to allow roofing the existing auto shelter
at 494 Fifth Street, and notice of the hearing of said appeal has
been given in the manner and for the period required by law and
the Zoning Ordinance of the City of Gilroy; and
WHEREAS, the said hearing on the appeal has been held on
May 5, 1980 at 8:00 p.m., in the Council Chambers in the City Hall
at 7390 Rosanna Street, Gilroy, California, and evidence was sub-
mitted upon the said application and appeal in favor of and contrary
to the findings of the Planning Commission, the City Council finds:
1. That there are exceptional or extraordinary circum-
stances applying to the property involved;
2. That because of such exceptional or extraordinary
circumstances, the literal enforcement of the provisions of the
Zoning Ordinance would result in practical difficulty or unnecessary
hardship such as to deprive the applicant of a substantial property
right;
3. That the allowance of the variance will not, under
the circumstances of this case, and the present use of the premises
be materially detrimental to the public welfare or materially
injurious to persons or property in the vicinity;
4. That the results of allowing the variance as speci-
fied will be in harmony with the general intent of the zoning
chapter; and
RESOLUTION NO. 80-43
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WHEREAS, the Planning Commission erred in failing to
make findings as a:t;o1;'esaid, and
WHEREAS, the City Council has determined that the re-
quested sideyard setback variance from 10 feet to 0 feet should
be granted to permit roofing the existing auto shelter.
NOW THEREFORE, BE IT RESOLVED that the City Council
of the City of Gilroy does hereby determine on appeal, that the
said variance prayed for be and the same is hereby granted.
PASSED AND ADOPTED this 5th day of May, 1980, by the
following vote:
AYES:
COUNCILMEMBERS: ALBERT. CUNNINGHAM, LINK,
TAYLOR and GOODRICH
NOES:
ABSENT:
com~CILMEMBERS : HUGlIAN
COUNCILMEMBERS: PATE
APPROVED:
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ayor
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RESOLUTION NO. 80-43
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I. SUSAJ-JNE E. STE INrl1'::TZ. City Clerk of the City of Gilroy.
do hereby certify that the attached Ret:lolution No. 80-43 1. an
oricinal resolution. duly adopted by the COWlcil of the C1ty of
Gilroy lit a rceular meeting of aaid Council held on the 5th
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duyof May 19.illL, at \ihlch meoting a quol"UlD "'..
present.
ItJ WIT~fESS ttJllEREOF, I have h'l"eunto set my hand and .ffixed
the Official ~eal of the City of Gilroy. this 30th day of
May . 1 t) 80 .
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