Loading...
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 IMDOLINGER\813089.2 021610-04706083 RESOLUTION NO. 2010-08 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 IMDOLINGER\813089.2 021610-04706083 RESOLUTION NO. 2010-08 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. IMDOLlNGER\813089.2 021610-04706083 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: \~ ---" Dion Bracco, Mayor Pro Tempore .~ IMDOLlNGERI813089.2 021610-04706083 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)