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HomeMy WebLinkAboutReso - CC - 083-1975RESOLUTION NO. 83- 75 SUSTAINING DENIAL OF VARIANCE - JOHN F. DEVINE 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 variance was applied for by John F. Devine to allow the division of that lot located at 1348 DeSoto Avenue, Burlingame, into two lots, said variance being to allow one lot to average less than fifty (50) feet in width; and WHEREAS, after due notice and hearing said variance was denied by the Planning Commission of the City of Burlingame on October 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 denying the variance was appealed to the City Council, and after due notice a hearing was held thereon on November 17, 1975; NOW, THEREFORE, it is hereby ORDERED, DETERMINED AND I.FOUND that: 1. The variance application of John F. Devine to allow division of that parcel located at 1348 DeSoto Avenue, Burlingame, into two parcels, one of which would average less than fifty (50) feet in width, was denied by the Planning Commission on October 14, 1975. 2. The denial 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. -1- 11/1?/75 3. Based upon the evidence presented to the City Council on November 17, 1975, the following findings are made: (a) Lot dimensions and lot requirements of the R-1 District Regulations specify that lots must have an average width of not less than fifty (50) feet, and lots shall have an average area of not less than five thousand (5,000) square feet. The proposal of the applicant would create one lot averaging more than fifty (50) feet and a second lot averaging forty-five and forty-four one -hundredths (45.44) feet in width. Both lots as proposed would exceed the five thousand (5,000) square foot minimal size. (b) On August 28, 1972, a tentative parcel map was approved which would allow the division of said property into two equal fifty (50) foot lots, provided a portion of the existing dwelling was removed. A building permit was issued to Mr. Devine, but he determined not to perform such work. The requested variance would not require any alterations to the existing building. (c) No evidence was presented concerning the design or pattern of lots in the neighborhood. No substantial evidence was presented of exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to the property or class of uses in the district. No substantial evidence was presented that such a variance would be necessary for the preservation or enjoyment of a property right of the owner. No substantial evidence was presented concerning the public health, safety or welfare, nor was any evidence presented concerning the affects of such variance upon the comprehensive zoning plan of the City. -2- 4. On the basis of the evidence presented to this Council at the hearing of November 17, 1975, it is concluded that: (a) There are no exceptional or extraordinary circum- stances applicable to the property involved. (b) Such variance is not necessary for preservation or enjoyment of a property right of the owner of the property involved. 5. To approve said variance would grant said property privileges not 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. HERBERT K. WHITE, City Clerk of the City of Burlingame, does hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 1st day of December, 1975, and adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Harrison-ilangini NOES: COUNCILMEN None COUNCILMEN: None HERBERT K. WHITE, City Clerk By �� /'�✓ % D uty City Clerk -3-