373, 5-6 ft brick retaining wall at, Staff ReportsTO: HONORABLE CHAIRMAN AND MEMBERS OF PLANNING COMMISSION
FROM: CITY MANAGER
RE: PLANNING COMMISSION MEETING OF JANUARY 17, 1989
CASE NO.366:
This matter has been before the Commission, since August, 1988.
The applicant has been informed that he must undertake a focused
environmental impact report, regarding certain seismic, geological and
engineering issues pertaining to the development proposal. To date,
the owner has not indicated a willingness to begin the EIR process.
Therefore, it is recommended that the variance application embodied in
Zoning Case No. 366, be denied for lack of evidence to support the
statutorially required findings.
CASE NO. 373:
This is a request for a variance to encroach into the minimum
front yard setback requirement and the minimum sideyard setback
requirement. The applicant proposes to build a new residential
building, with basement. There is an existing non -conforming front
yard setback of 38 feet. Also, there is an illegal use of a stable,
which is being used as a guest house.
From the evidence acquired through the site plan, field
investigation and public comments, it will be difficult for the
Commission to make the required finding of the existence of an
exceptional or extraordinary circumstance which deprives the owner of
a substantial property right.
However, if the Commission chooses to make the required findings
and grant the variance, it is recommended that the following
conditions be attached:
1. The plan must be modified so that existing driveway continues
to be the only ingress/egress opening to the property.
2. The plan be modified to include a 200 square foot stable site
with appropriate access. And, the lot coverage computation be
re -computed to include the stable square footage; and, be in
commpliance with lot coverage maximums for structures.
3. The applicants be required to apply for a conditional use
permit related to guest house.