Resolution No. 2016-23 | Variance (V 16-02) Meta Housing Corporation | Adopted 10/06/2016RESOLUTION NO. 2016-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF GILROY APPROVING VARIANCE APPLICATION V
16-02, ALLOWING EXCEPTIONS TO SIDEYARD SETBACK,
BUILDING HEIGHT AND FRONT YARD FENCING FOR AN
APARTMENT PROJECT LOCATED AT 111 LEWIS STREET,
APN 841-04-029; META HOUSING CORPORATION
WHEREAS, Chris Maffris representing Meta Housing Corporation submitted a
request for variance to Gilroy City Code section 30.19.20 (c) (2) to permit a setback
exceeding 10 feet at the side yard property line (not adjacent to a street) and a front
building height less than 25 feet, and to Gilroy City Code section 30.34.30 (a) (1) to
permit a six-foot high fence to be located less than 26 feet from the face of curb; and
WHEREAS, the City Council adopted a mitigated negative declaration for this
project, with a mitigation monitoring program that included 20 mitigation measures, on
June 5, 2006. These mitigation measures will be applied to development of the
apartment project; and
WHEREAS, the variance request V 16-02 is exempt from the California
Environmental Quality Act under Section 15305, Minor Alterations in Land Use
Limitations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
October 6, 2016, at which time the Planning Commission considered the public
testimony, the staff report dated September 15, 2016 ("Staff Report"), and all other
documentation related to V 16-02; and
WHEREAS, the location and custodian of the documents or other materials
which constitute the record of proceedings upon which this project application is based
is the Community Development Department; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Variance application (V 16-02), in accordance with the Gilroy Zoning Ordinance, and
other applicable standards and regulations; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, 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
arising from the requirements to comply with the Downtown Specific Plan design
standards and city noise attenuation requirements; the need to relate to the
existing neighborhood in terms of design and building massing; and the need to
provide security to the site while meeting specific plan design standards.
Resolution No. 2016-23
(2) Because of such exceptional or extraordinary circumstances, the literal
enforcement of provisions specified in the Zoning Ordinance 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
without the variance because it would require the applicant to move the building
adjacent to the U.P.R.R. tracks, thereby not meeting Downtown Specific Plan
architectural guidelines and creating additional noise exposure for residents;
constrain the building design such that it would limit variations in massing; and
not allow the applicant to secure the site in a manner that also adds design
interest.
(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 because the proposed variance will allow the applicant
to comply with the Downtown Specific Plan's architectural guidelines and allow
the applicant to provide parking in excess of city standards; allow the applicant to
design a building that provides variations in massing and height transitions from
nearby one and two-story structures; and allow the applicant to design a fence
that secures the site and meets the Downtown Specific Plan's intent to provide
focal points within projects.
(4) Allowing the variance will be in harmony with the general intent of the Zoning
Ordinance because it will permit the applicant to provide required parking and
meet noise attenuation standards while complying with the Downtown Specific
Plan's architectural guidelines; and will permit the applicant to design a fence that
secures the site and meets the Downtown Specific Plan's intent to provide focal
points within projects.
(5) Allowing the variance will not constitute the granting of a special privilege
greater than that provided by the standard provisions of the Zoning
Ordinance for other properties in the vicinity and in the same zoning district
because the variance will allow the applicant to comply with parking, noise
attenuation, and building design standards; will allow the buildings to conform to
the architectural context of this neighborhood as well as the intent of the
Downtown Specific Plan Design Guidelines; and will allow the applicant to secure
the site while meeting the intent of the Downtown Specific Plan Design
Guidelines.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the
City of Gilroy hereby grants approval of the Variance application, subject to the following
conditions:
1. This variance approval applies specifically to The Cannery at Lewis Street
apartment project (A/S 15-41) and shall expire if this project is not
constructed.
Resolution No. 2016-23
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY this 6ch day of October, 2016, by the following vote:
AYES: Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair
Paul Kloecker; Chair Sue Rodriguez
NOES:
ABSTAIN: Commissioner Steve Ashford; Commissioner Kai Lai
ABSENT: Commissioner Rebeca Armendariz
ATTEST:
FWAINN.r�i��-r e
Rebecca Tolentino, Secretary Sue Rodriguez, a erson