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:
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(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
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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
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