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HomeMy WebLinkAboutReso - CC - 036-1975RESOLUTION NO. 36 - 75 SUSTAINING APPROVAL OF VARIA14CE - CHARLES L. TERRY RESOLVED by the CITY COUNCIL of the City of Burlingame, California, that: Whereas, pursuant to the provisions of the Ordinance Code of the City of Burlingame a permit for a variance was applied for by CHARLES L. TERRY, to allow construction within the front set -back upon that property located at 2301 Easton Drive; and Whereas, after due notice and hearing, said variance was granted by the Planning Commission on April 14, 1975, as more fully set forth in the minutes of the meeting of that date; and Whereas, pursuant to the provisions of said Code, the decision granting the variance was appealed to the City Council, and upon due notice a hearing was held thereon on May 5, 1975; NOW, THEREFORE, it is hereby ORDERED, DETERMINED and FOUND that: 1. The variance application of CHARLES L. TERRY to allow construction in the front set -back upon that property loca at 2301 Easton Drive, Burlingame, was granted by the Planning Commission on April 14, 1975. 2. The granting of said variance by the Planning Commission was appealed to the City Council as allowed by said Code and all proper notices and procedures were duly given and followed. 3. Based upon the evidence presented to the City it on May 5, 1975, the following findings are made: -1- (a) At least seven homes encroach into the fifteen foot front set -back established by the Zoning Ordinance for Easton Drive. (b) The elimination of the garage and the construction of the kitchen remodelling on the subject property will result in less encroachment upon the front set -back than had previously existed. (c) The lots upon Easton Drive in the vicinity of the subject property are at extreme angles to said Easton Drive, thereby creating unusual set -back dis- tances from one side of a lot to another. (d) City building inspectors failed to note that the plans submitted by the applicant were in error and thereby approved the construction of foundations and initial carpentry work upon the kitchen remodelling five feet four inches into the fifteen -foot front set -back. (e) The applicant has invested approximately '10,000.00 in the remodelling work to this date. 4. On the basis of the evidence presented to this Council at the hearing of May 5, 1975, it is concluded that: (a) There are exceptional and extraordinary circum- stances applicable to the property involved due to the location of the existing buildings on the property and due to the allowance by City personnel of the initiation of construction, so that a denial of the application would result in an undue property loss. (b) The subject variance is necessary for the preservation and enjoyment of the property rights of the owner of the property involved because of his invest- ment of funds in reliance upon the actions of the City. (c) The granting of this variance would not be materially detrimental to the public health, safety and -2- welfare, or injurious to the property or improvements of other property owners, or quiet enjoyment of such property or improvements, and will, in fact, improve the general condition of the neighborhood and the value of the property of others therein. (d) The granting of this variance will not adverse- ly affect the comprehensive zoning plan of the City. (e) The granting of this variance shall not be con- sidered a precedent for the granting of similar variances to other parcels located at severe angles to Easton Drive or any other street within the City of Burlingame. 5. To deny said variance would deny said property the privileges enjoyed by other properties in the vicinity and others under identical zoning classification, and said appeal should therefore be denied and the Planning Commission's decision should be sustained. I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 19 day of May, 1975, and adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Harrison-Mangini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None HERBERT K. WHITE City Clerk By Hill, Deputy city cie -3-