HomeMy WebLinkAbout2006-045 RESOLUTION NO 2006-045
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING APPEAL
2006-0008 TO ALLOW A VARIANCE FOR A SIX-FOOT HIGH FENCE
LOCATED WITHIN THE FRONT YARD SETBACK, APN 029-201-026
(Appellant: O'Keefe)
WHEREAS, an application has been received from Joan O'Keefe, 6907 El Camino Real,
Atascadero, CA 93422), Appellant, to reconsider Planning Commission approval of a Variance
to allow a six (6') foot fence located in the front setback at 9186 Palomar on APN 029-201-026,
and,
WHEREAS, the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) under Article 19, Section 15305, Class 5, and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on April
11, 2006, and,
NOW, THEREFORE, the City Council of the City of Atascadero, hereby resolves to
take the following action
SECTION 1 Findings of Variance Approval. The City Council finds that
(i) The variance authorized does not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zoning district in which such property is
situated, and
(n) There are special circumstances applicable to the property, including size, shape, topography,
location, or surroundings, and because of these circumstances, the application of this title would
deprive the property of privileges enjoyed by other property in the vicinity and in the same
zoning district, and
(in) The variance does not authorize a use which is not otherwise authorized in the zoning
district, and
(iv) The granting of such variance does not, under the circumstances and conditions applied in
the particular case, adversely affect the health or safety of persons, is not materially detnmental
to the public welfare, nor injurious to nearby property or improvements.
err
City of Atascadero
Resolution No.2006-045
Page 2 of 2
On motion by Council Member Luna and seconded by Council Member Clay, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote
AYES None
NOES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
ABSENT None
ADOPTED May 9, 2006
CITYYF ATASCADERO
By 1
Tom O'Malley, Mayor
ATTEST
m`elpnt /
Marcia McClure Torgerson, C.M C ity Clerk
APPROVED AS TO FORM
i
f
Patrick L. Enfigf City Attorney