Resolution 1301
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RESOLUTION NO. 1301
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING AN APPEAL
FROM AN ACTION OF THE PLANNING COMMISSION DENYING A VARIANCE TO
REDUCE DENSITY LIMITATION IN AN R3 ZONE FROM 2,000 SQUARE FEET TO
1,733 SQUARE FEET PER UNIT FOR LOTS 116, 117, and 118, TRACT 3583,
EL CERRITO WAY.
WHEREAS, ALBERT FORTINO has made an appl ication in due form to the Planning
Commission of the City of Gilroy to reduce density 1 imitation in an R3 Zone from
2,000 square feet to 1,733 square feet per unit for lots 116, 117, and 118, Tract
3583, El Cerrito Way, Gilroy, California, and the Planning Commission has hereto-
fore fixed Thursday, the 5th day of December, 1968, at the hour of 7:30 olclock
p.m., in the Counci 1 Chambers of the Ci ty Hall at No. 10 South Rosanna Street,
Gilroy, California, as the time and place for hearing said appl ication, and notice
of the said hearing has been given in accordance with the Zoning Ordinance of the
City of Gilroy and with law; and
WHEREAS, the said hearing was held at the time and place fixed in the said
notice, and evidence has been received upon the said appl ication from which the
Planning Commission finds as follows:
(1) That there are no exceptional or extraordinary circumstances applying
to the property involved;
(2) That the 1 iteral enforcement of the provisions of the zoning ordinance
would not result in practical difficulty or unnecessary hardship such as to de-
prive the appl icant of a substantial property right;
(3) That the allowance of the variance will, under the circumstances of
this case, be materially detrimental to the publ ic welfare and materially injurious
to persons or property in the vicinity;
(4) That the results of allowing the variance as specified would not be
in harmony with the general intent of the zoning chapter; and
WHEREAS, as a result of its findings, the Planning Commission denied said
appl ication for variance; and
WHEREAS, on December 6, 1968, Albert Fortino did file an appeal to the action
of the Planning Commission; and
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WHEREAS, the City Council at its regular meeting of December 16, 1968, set
a hearing of this appeal at 8:00 p.m., January 6, 1969, in the City Council Cham-
bers of the City Hall at 10 South Rosanna Street, Gilroy, California, as the time
and place for hearing said appeal, and notice of the hearing has been given in
accord with the Zoning Ordinance of the City of Gilroy and with law; and
WHEREAS, the said hearing has now been held at the time and place fixed
in said notice; and evidence has been received upon said appeal from which the
City Council finds as follows.
(1) That it reviewed the findings of the Planning Commission.
(2) That it has heard the comments and presentations all interested
parties present.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED that the City
Council concurs in the findings and action of the Planning Commission and denies
the applicant1s appeal.
PASSED AND ADOPTED this 6th day of January, 1969, by the following vote:
NOES:
COUNCIL MEMBERS: Allemand, Duffin, Quartiroli, Wentworth, and
Goodrich.
COUNCIL MEMBERS: Kennedy and Silva.
AYES:
ABSENT:
COUNCIL MEMBERS: None
APPROVED:
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Mayor
ATTEST:
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I. SUSANNE E. STEINNETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1301
is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 6th
day of January
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy. this
, 19 69.
8th
day of
January
/
yi~IUM1/)U/ . ;;dt;:J,
City Clerk of the City of