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2008/12/11 Planning Commission ResolutionItem No.: File No.:PL2008-028V RESOLUTION NO. 2008-37 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DENYING THE MORE NO VARIANCE APPLICATION LOCATED AT 6582 JOYCE COURT WHEREAS, on November 12, 2008, Planning Application PL2008-028V was filed by Nancy Tryon on behalf of the owners Manual Moreno and Luz Gutierrez to vary from the 50 percent front yard coverage restriction by 14 percent as specified in Zoning Code Section 17.16.080; WHEREAS, the application was processed in the time and manner prescribed by State and local law; WHEREAS, public hearing notices were appropriately posted and mailed to the property owners adjacent and within 300 feet of the project site; WHEREAS, on December 11, 2008, the Planning Commission reviewed the request for variance and conducted a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. That the above recitations are true and correct. Section 2, Findintts. 1. The literal interpretation and enforcement of the front yard setback area coverage restriction results in a difficulty or unnecessary physical hardship that would be inconsistent with the objectives of the Zoning Ordinance. Criteria Not Satisfied: The objectives of the Zoning Code require the protection and promotion of the public health, safety, peace, comfort, convenience, prosperity, and general welfare. Based upon the petition that was filed by the neighborhood, it appears that the proposed variance would not meet the objectives of the Zoning Code. i. The proposal would not create a harmonious, convenient, workable relationship among land uses. The additional front yard coverage for the required parking space would decrease open space and landscaping and thus compromised the visual openness of the site and neighborhood aesthetics. ii. The proposal would not safeguard and enhance the appearance of the City to reflect and maintain the aesthetic values important to its residents as they relate to such factors as setbacks, quality design, and enhanced landscaping (the loss of visual open area and landscaping in order to accommodate parking could have a negative impact on the neighborhood aesthetics). 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Planning Commission Staff Report December 11, 2008 Page 1 of 2 Item No.: File No.:PL2008w028V Criteria Not Satisfied: Replacing the required open space and landscaping in this yard with an off-site parking space would be detrimental to the aesthetics of the neighborhood and neighborhood improvements. BE IT FURTHER RESOLVED, that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this I Ph day of December, 2008, by the City of Rohnert Park Planning Commission by the following vote: Amy Ahanotu, Chairperson, Rohnert Paris Planning Commission 04Attest: PL'- ' Susan Azevedo, Re rding Secretary AYES: NOES: © ABSENT: ABSTAIN: IX'ADAMS: AHANOTU: ARMSTRONG: KILAT. V� Planning Commission Staff Report December 11, 2008 Page 2 of 2