Resolution 1983-34
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RESOLUTION NO. 83-34
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY GRANTING ON APPEAL AN APPLICATION FOR
A 31/2 FOOT VARIANCE TO THE 20 FOOT FRONT
SETBACK AT 7491 CRAWFORD DRIVE
WHEREAS, JAMIE CASTLE, has filed an appeal in due
form from a Resolution No. 83-3 of the Planning Commission
of the City of Gilroy denying a variance to allow a 3 1/2 foot
variance to the front yard setback for a trellis at 7491 Crawford
Drive, 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 April 18, 1983 at 8:00 p.m., in the Council Chambers in the
City Hall at 7351 Rosanna Street, Gilroy, California, and evidence
was submitted 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
circumstances applying to the trellis structure 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;
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RESOLUTION NO. 83-34
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4. That the results of allowing the variance as
specified will be'in harmony with the general intent of the
zoning chapteriand
WHEREAS, the Planning Commission erred in failing
to make findings as aforesaid, and
WHEREAS, the City Council has determined that the
requested variance should be granted to permit the existing
trellis to remain as now constructed.
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 18th day of April. 1983. by
the following vote:
NOES:
ABSENT:
COUNCILMEMBERS: ALBERT, GAGE, HUGHAN.
TAYLOR. VALDEZ and LINK
COUNCILMEMBERS: NONE
COUNCILMEMBERS: GOODRICH
AYES:
APPROVED:
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Mayor' Pfo~m~.""'"
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RESOLUTION NO. 83-34
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 83-34 is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th
day of April , 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 29th day of April
19 83
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