Resolution 1386
RESOLUTION NO. 1386
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING
ON APPEAL AN APPLICATION FOR VARIANCE TO ALLOW R-4
DORMITORY USE FOR 17 PERSONS IN A C-l ZONE FOR THE
NORTHERLY 3000 SQUARE FEET OF THE WESTWOOD PROFESSIONAL
BUILDING AT FIRST STREET AND WESTWOOD DRIVE FOR A
PERIOD OF TWO YEARS.
WHEREAS, WESTWOOD PROFESSIONAL BUILDING by Vic Reisig
has filed an appeal in due form from a three to three vote of
the Planning Commission of the City of Gilroy which resulted
in the failure to pass a resolution granting a variance to
allow R-4 dormitory use for 17 persons in a C-l zone for the
northerly 3000 square feet of the Westwood Professional
Building at First Street and Westwood Drive for a period of
two years, 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
September 2, 1969 at 8:00 p.m. in the Council Chambers in the
City Hall at No. 10 South Rosanna Street, Gilroy, California,
and evidence was submitted upon the said application and
appeal 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, be materially detrimental to
the public welfare or materially injurious to persons or
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property in the vicinity;
4. That the results of allowing the variance as
specified will be in harmony with the general intent of the
zoning chapter; and
WHEREAS, the Planning Commission erred in failing to
make findings as aforesaid, and
WHEREAS, the City Council has determined that the said
variance prayed for should be granted.
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
for a two year period for occupancy by no more than 17 persons.
PASSED AND ADOPTED this 2nd day of September, 1969, by
the following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, PATE and
WENTWORTH
NOES:
ABSENT:
COUNCILMEMBERS: KENNEDY, SILVA and GOODRICH
COUNCILMEMBERS: None
A:rPROVED: C 1\
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Mayor
ATTES'J;':
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City Clerk t.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution N04
1 386 is an 0"; 9 j l1a1
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 2nd
day of September
. 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.
15th day of September
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City Clerk of the City of Gi Iroy ~j-