Resolution 2010-08
RESOLUTION NO. 2010-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
OVERTURNING THE PLANNING COMMISSION'S DENIAL OF VARIANCE
V -09-03 (APN 799-34-038) AND GRANTING SAID VARIANCE.
WHEREAS, Herb Bowen, ("Applicant") submitted a request for approval of
Variance V -09-03 for an increase in the maximum front yard setback and a decrease in
the minimum street front building height for a two-building project in the Downtown
Expansion District to be constructed at 6951 Monterey Road, City of Gilroy, APN: 799-
34-038 ("Property"); and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a
categorical exemption for "Minor Alterations in Land Use Limitations" (CEQA
Guidelines section 15305), which applies to this request; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
January 7, 2010, at which time the Planning Commission considered the public
testimony, the staff report dated December 21, 2009 ("Staff Report"), and all other
documentation related to Variance V-09-03, and denied the application; and
WHEREAS, following the Planning Commission's denial of Variance V-09-03,
the Applicant timely filed an appeal to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 1,
2010, and considered public testimony, the Staff Report, the supplemental staff report
dated January 19,2010, and all other documentation relating to Variance V-09-03; and
WHEREAS, the Staff Report provided facts for the making of two (2) fmdings
required to grant the Variance V -09-03 and the Applicant presented facts to support the
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remaining three (3) findings required for the Variance in the memorandum from Herb
Bowen (received by the City on or about November 27, 2009) which was attached as
Exhibit B to the Staff Report, and in testimony at the City Council public hearing; 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:
A. Variance V -09-03 should be and hereby is approved.
B. The City Council hereby finds that the facts set forth in the record support
the findings required by Section 50.21 of the Gilroy Zoning Ordinance as follows:
(1 ) There are exceptional or extraordinary circumstances applying to the
Property and the proposed use. Site design on the Property is exceptionally difficult
considering the need to accommodate existing ingress and egress easements, parking
requirements, the lack of curb cuts and improbability of obtaining them given the
Property's proximity to the Monterey Street / W. Tenth Street intersection, and the
unusual, triangular shape of the Property.
(2) Because of such exceptional or extraordinary circumstances, the literal
enforcement of specified provisions of the Zoning Ordinance and Downtown Specific
Plan would result in practical difficulty or unnecessary hardship such as to deprive the
Applicant of a substantial property right. The Applicant would suffer practical
difficulties in meeting the minimum setback requirements because a fully-conforming
design would not blend in with existing surrounding buildings and would not align with
existing, adjacent parking lots, given that the surrounding properties are not developed to
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Downtown Specific Plan standards. If the requested setbacks are approved, then the
Applicant would suffer practical difficulties in meeting the minimum 25-foot height
requirement while, at the same time, satisfying the Downtown Specific Plan goal of
having pedestrian scale development.
(3) Allowing 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. On the contrary, the proposed development is aesthetically
interesting and pedestrian friendly given its diverse design heights and outdoor seating
areas.
(4) Allowing the variance will be in harmony with the general intent of the
Zoning Ordinance in view of the fact that the proposed development will include a
substantial amount of pedestrian-scale building frontage and outdoor public space facing
Monterey Street.
(5) Allowing the 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 given the exceptional and extraordinary design
challenges associated with the Property, including but not limited, existing ingress and
egress easements, parking requirements, the lack of curb cuts and improbability of
obtaining them, and the unusual, triangular shape of the Property.
C. The Planning Commission's denial of Variance V-09-03 is overturned, and the
appeal by the Applicant of said denial is granted.
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RESOLUTION NO. 2010-08
PASSED AND ADOPTED this 1 st day of March, 2010 by the following vote:
AYES:
COUNCILMEMBERS: BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD
NOES:
COUNCILMEMBERS: ARELLANO
ABSENT:
COUNCILMEMBERS: PINHEIRO
APPROVED:
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Dion Bracco, Mayor Pro Tempore
.~
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RESOLUTION NO. 2010-08
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-08 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 1 st day of March, 2010, 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 3rd day of March, 2010.
&
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)