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Resolution 2008-58 RESOLUTION NO. 2008-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY UPHOLDING THE APPEAL THE PLANNING COMMISSION'S DENIAL OF VARIANCE V -08-04 (APN 799-07-067) AND GRANTING SAID VARIANCE. WHEREAS, Jose Montes ("Applicant") submitted a request for approval of Variance V 08-04 for an increase in floor area ratio (FAR) from 4.0 rather than 2.5 or less as generally prescribed in the Zoning Ordinance (Section 19.23(b)). WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for "Minor Alterations in Land Use Limitations" which applies to this request; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2008, at which time the Planning Commission considered the public testimony, the staff report dated November 6, 2008 ("Staff Report"), and all other documentation related to application V- 08-04 and denied the application; and WHEREAS, following the Planning Commission's denial of Variance V-08-04, the Applicant timely filed an appeal to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on December 1, 2008 and considered the public testimony, the Staff Report, the supplemental staff report dated November 17,2008, and all other documentation relating to application V-08-04; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED THAT: ILLEZOTTE1780011.1 120808-04706089 1- Resolution 2008-58 1. The applicant's appeal of the Planning Commission decision denying application V -08-04 should be and hereby is upheld and the variance is granted as requested pursuant to the following findings, required by Section 50.21 of the Gilroy Zoning Ordinance: (c)(l). That there are exceptional or extraordinary circumstances applying to the property involved or to the proposed use in that the property is in a unique location and is relatively small in size. The applicant was unable to increase the size of the property through acquisition of adjacent properties. (c )(2). That because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of the Ordinance would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right. The small property size and unique location in the Historic Downtown District warrants granting the Variance. (c)(3). That the allowance of the variance will not, under the circumstances of this particular case, be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity. (c)( 4). That allowing the variance will be in harmony with the general intent of the Zoning Ordinance, in view of the fact that it is unlikely the adjacent property, given its small size will ever be built on. (c)( 5). That given the small property size and unique location, the granting of a variance will not constitute the granting of a special privilege greater than that provided by the standard provisions for other properties in the vicinity and in the same zoning district. ILLEZOTTEI780011.1 120808-04706089 2- Resolution 2008-58 PASSED AND ADOPTED this 15th day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, WOODWARD, and PINHEIRO TUCKER ABSENT: COUNCILMEMBERS: NONE ILLEZOTTE1780011.1 120808-04706089 APPROVED: ~... ./ ,/ ----- - Albert Pinheiro Mayor 3- Resolution 2008-58 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-57 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of December, 2008, 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 18th day of December, 2008. (Seal)