HomeMy WebLinkAboutRES NO 200-02RESOLUTION NO. 2 0 0 - 0 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DENYING AN APPEAL BY D.R. HORTON OF THE
BOARD OF ZONING ADJUSTMENT'S DECISION TO DENY A
MODIFICATION TO REDUCE THE SIDE YARD SETBACK FROM 6
FEET AND 5 FEET (REQUIRED) TO 3 FEET (PROPOSED) IN
TRACT 6107 LOCATED EAST OF CALLOWAY DRIVE AND NORTH
OF HAGEMAN ROAD WITHIN THE RIVERLAKES GOLF COURSE
AREA (FILE NO. 02-0824)
WHEREAS, the D.L. Horton filed an application with the Board of Zoning
Adjustment regarding a modification (File No. 02-0824) to reduce the side yard setback
from 6 feet and 5 feet (required) to 3 feet (proposed) in a subdivision tract zoned R-1 (One-
Family Dwelling) and R-2 (Limited Multiple Family). This modification is intended to apply
to all lots within approved Tract 6107 which is located east of Calloway Drive and north of
Hageman Road within the Riverlakes Golf Course area; and
WHEREAS, said Board through its Secretary set Tuesday, October 8, 2002,
at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the
time and place for a public hearing before said Board on said project, and notice of said
hearing was given in the manner provided by Title Seventeen of the Municipal Code of the
City of Bakersfield; and
WHEREAS, at said hearing the issue was duly heard and considered, and
the Board of Zoning Adjustment denied said modification (Resolution No. 02-36); and
WHEREAS, a timely appeal was filed by D.L. Horton objecting to the Board
of Zoning Adjustment's decision with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set November 20, 2002, at the
hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time
and place for a public hearing before said Council on said appeal, and notice of said
hearing was given in the manner provided by Title Seventeen of the Municipal Code of the
City of Bakersfield; and
WHEREAS, at the above mentioned public hearing(s), all facts, testimony
and evidence concerning the project was considered by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD AS FOLLOWS:
The City Council hereby adopts the Board of Zoning Adjustment's
findings as contained in their Resolution No. 02-36.
The City Council hereby denies the appeal and upholds the decision of
the Board of Zoning Adjustment.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
NDV'2 0 2002 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~,j,C.v-~.__
COUNCILMEMBER ~"-J~
COUNCILMEMBER ~'~
PAMELA A~ McCAR;I'HY~CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 20 ZOOZ
Mayor of the City of Bakers, J~ld
APPROVED as to form
BART J. THILT~EN
City Attorneyl/
P:iDL Horton appeal CC reso doc