Resolution 1983-47
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RESOLUTION NO. 83-47
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY GRANTING ON APPEAL AN APPLICATION FOR
A 3 FOOT VARIANCE TO THE 20 FOOT FRONT
SETBACK AT 7490 CRAWFORD DRIVE
WHEREAS, GEORGE VAUGHAN. has filed an appeal in
due form from Resolution No. 83-18 of the Planning Commission
of the City of Gilroy denying a 3 foot variance to the front
yard setback for a trellis at 7490 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 June 20, 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;
RESOLUTION NO. 83-47
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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 chapter; and
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 existi.ng
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 20th day of June, 1983, by
the following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, HUGHAN, LINK,
TAYLOR, VALDEZ and GOODRICH
COUNCILMEMBERS: NONE
COUNCIl}lliMBERS: NONE
APPROVED:
NOES:
ABSENT:
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RESOLUTION NO. 83-47
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.
83-47
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 20th
d f June 19 _83 , h' h .
ay 0 at w ~c meet~ng a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 24th. day of June
19 83.
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