Resolution 1989-03
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RESOLUTION NO. 89-3
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY GRANTING ON APPEAL AN APPLICATION FOR
A VARIANCE FROM SECTION 31.63 OF THE ZONING
ORDINANCE AT 7400 CARMEL STREET
WHEREAS, ALAN F. PORCELLA, has filed an appeal
in due form from Resolution No. 88-28 of the Planning
Commission of the City of Gilroy denying a variance from
section 31.63 of the Zoning Ordinance to permit vehicle
access to a collector street at 7400 Carmel 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 January 3, 1989 at 8 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 reconstruction of the garage
on the property in that amendment of Zoning Ordinance
section 31.63 caused the problem after the project was
planned and undertaken in accordance with prior regulations.
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;
RESOLUTION NO. 89-3
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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
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 reconstruction
of the garage in accordance with prior regulations.
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 3rd day of January 1989, by
the following vote~
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER,
MUSSALLEM, VALDEZ
and HUGHAN
NOES~
ABSENT~
COUNCILMEMBERS: NONE
COUNCILMEMBERS ~ PALMERLEE
ST~
RESOLUTION NO. 89-3
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 89-3
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
3rd
day of January
1989 ,
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 6th day of January
19 89.
(Seal)