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HomeMy WebLinkAboutReso - CC - 102-1992that: RESOLUTION NO. 102-92 RESOLUTION GRANTING SPECIAL PERMIT AND DENYING DECLINING HEIGHT ENVELOPE VARIANCE - 850 WALNUT AVENUE RESOLVED, by the City Council of the City of Burlingame WHEREAS, application was made to the Planning Commission of the City of Burlingame by Barbara and Lincoln Dungca for a special permit for the expansion of a nonconforming primary unit and a declining height envelope variance for 850 Walnut Avenue; and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame, said hearing being properly noticed as required by law; and WHEREAS, the application was denied by the Planning Commission, a timely appeal filed by the applicants, and a public hearing upon said appeal scheduled and held by the City Council on December 7, 1992: NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. The use as described in the application and staff report herein, as modified by the conditions attached hereto as Exhibit "A", is appropriate and compatible with the zoning district and with the uses of the properties in the vicinity of the premises; 2. The granting of the special permit, as modified by said conditions, and the denial of the declining height envelope variance will be in the interests of the health and welfare of the persons using said property, of the City of Burlingame, and will be in conformity with reasonable and orderly use of the property. 3. The special permit for expansion of a nonconforming use is approved, subject to the conditions set forth in Exhibit "A", and the variance for declining height envelope is denied. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. MAYOR I, JUDITH A. MALFATTI, 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 7th day of December, 1992, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:gg� P -IAI20' r CITY CLERK Barbara and Lincoln Dungca (property owners) 850 Walnut Avenue, Burlingame (APN 028-132-220) EXHIBIT "A" 1. that the addition as built shall conform to the plans submitted to the Planning Department and date stamped June lo, 1992 Sheets 1, 2 and 3, except that no exceptions to declining height envelope shall be permitted and no new windows shall be permitted on the wall facing the side yard; 2. that the primary dwelling unit on this single family residential lot at 850 Walnut Avenue is determined to be the dwelling unit at the forwardmost portion of the lot which is also the newer of the two dwelling units; and 3. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. RECORDING REQUESTED BY CITY C! FRK CITY OF BURLINGAME 501 FRI'MROSE ROAD RESOLUTION NO. 102-92 BURLINGAME CA 94010 RESOLUTION GRANTING SPECIAL PERMIT AND DENYING DECLINING HEIGHT ENVELOPE VARIANCE - 850 WALNUT AVENUE RESOLVED, by the City Council of the City of Burlingame that: WHEREAS, application was made to the Planning Commission of the City of Burlingame by Barbara and Lincoln Dungca for a special permit for the expansion of a nonconforming primary unit and a declining height envelope variance for 850 Walnut Avenue; and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame, said hearing being properly noticed as required by law; and c.0 WHEREAS, the application was denied by the Planning N N Commission, a timely appeal filed by the applicants, and a public o Cc hearing upon said appeal scheduled and held by the City Council on CD co December 7, 1992: — NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. The use as described in the application and staff report herein, as modified by the conditions attached hereto as Exhibit "A", is appropriate and compatible with the zoning district and with the uses of the properties in the vicinity of the premises; 2. The granting of the special permit, as modified by said conditions, and the denial of the declining height envelope variance will be in the interests of the health and welfare of the persons using said property, of the City of Burlingame, and will be in conformity with reasonable and orderly use of the property. 3. The special permit for expansion of a nonconforming use is approved, subject to the conditions set forth in Exhibit "A", and the variance for declining height envelope is denied. 4. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. n MAYOR I, JUDITH A. MALFATTI, 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 7th day of December, 1992, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: P7 / 7 r CITY CLERK CD N N O Co C� cn Barbara and Lincoln Dungca (property owners) 850 Walnut Avenue, Burlingame (APN 028-132-220) EXHIBIT "A" 1. that the addition as built shall conform to the plans submitted to the Planning Department and date stamped June 10, 1992 Sheets 1, 2 and 3, except that no exceptions to declining height envelope shall be permitted and no new windows shall be permitted on the wall facing the side yard; 2. that the primary dwelling unit on this single family residential lot at 850 Walnut Avenue is determined to be the dwelling unit at the forwardmost portion of the lot which is also the newer of the two dwelling units; and 3. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. 92209091 I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which in on file in my office. A Dated: Ci Clark Cfty of surl3m9ame RF CO LN? I; ; ,.0 H(n 8 00 CO N MF N AF ,,,,DEP TC LO NO FEE OMFI Ff "7 n r. .., '');' O C0 I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which in on file in my office. A Dated: Ci Clark Cfty of surl3m9ame