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HomeMy WebLinkAboutRES NO 29-97RESOLUTION NO. 2 9 - 9 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD UPHOLDING THE BOARD OF ADJUSTMENT'S DECISION TO APPROVE A MODIFICATION TO: 1) REDUCE THE FRONT YARD SETBACK FROM 25 FEET TO 16 FEET FOR A PORCH; 2) ALLOW THE FENCE HEIGHT IN THE FRONT YARD TO BE 6 FEET WHERE 4 FEET IS THE MAXIMUM HEIGHT PERMITtED; 3) REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 18 INCHES TO PERMIT A CHANGE OF USE OF A NONCONFORMING STRUCTURE INTO A GUEST HOUSE; AND 4) REDUCE THE REQUIRED SEPARATION BETWEEN BUILDINGS FROM l 0 FEET TO 6 FEET (F1LE NO. P96-0784). WHEREAS, Cletus Leon and Jacquelen Napier filed an application with the City of Bakersfield Planning Department requesting a modification to 1) reduce the front yard setback from 25 feet to 16 feet for a porch to be within the front yard; 2) allow the fence height in the front yard to be 6 feet where 4 feet is the maximum height permitted; 3) reduce the side yard setback from 5 feet to 18 inches to permit a change of use of a nonconforming structure into a guest house; and 4) reduce the required separation between buildings from 10 feet to 6 feet. The proposal is located at 231 B Street and is within a R-1 (One Family Dwelling) zone district; and WHEREAS, said Board of Zoning Adjustment through its Secretary set October 22, 1996, 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 application, 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 held October 22, 1996 and November 12, 1996, the application was duly heard and considered, and the Board of Zoning Adjustment approved the modifications subject to conditions; and WHEREAS, a timely appeal was filed by Patrick J. Steele with the Clerk of the City Council; and WHEREAS, the City Council through its Clerk set January 8, 1997, 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 said hearing held January 8, 1997 and February 19, 1997, the appeal was duly heard and considered. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD that the decision of the Board of Zoning Adjustment is hereby upheld subject to the conditions of approval contained in Exhibit A. .......... O00 .......... -2- 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 i:[B I 9 1997 , by the following vote: ~,YES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTI', ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMB[R ~BSENI': COUNCILMEMBER '~ JO4J_. CITY CLERK and EX OFFICII~LERK of the Council of the City of Bakersfield APPROVED FEB 1 9 1997 of the City of Bakersfield APPROVED as to form: of the City of Bakersfield EXHIBIT "A" CONDITIONS OF APPROVAL Modification No. P96-0784 II. The applicant's rights granted by this approval are subject to the following provisions: The project shah be it* accordance with aN approved plans, conditions of approval, and other required pelwtits and approvals. All consti~tction shall comply with applicable building codes. A H conditions imposed shall be diligently complied with at all tinres and all constntction authorized or required shah be diligently prosecuted to completion before the premises shall be used for tire proposes applied for under this approval. This approval shah automatically be null and void one (1) year after the effective date unless the applicant or successor has actually commenced use of or construction of what was authorized; or if the use is discontinued or abandoned for a period of one (]) year or more. This time can be extended or comlitioned fi~r a longer period if approved by the BZA. The BZA may revisit a canditional use pe~writ or modification to add or amend any conditions if tirere is stiffi'cient cause, including but not limited to, complaints regarding the project, or that the conditions are not adequate for the intended purpose. The Planning Director may initiate revocation of the rights gtwnted if there is good cause, including but not limited to, faiho'e to comply with conditions or complete construction, or tire violation by the owner or tenant of auy provision of tire Ba,{-ers~eld Atunicipal Code pertaining to the premises for which the appraval wa~ granted, subject to Section 17. 64. 070 H. ~hlless otherwise conditioned, this approval runs with the land and may continue under successive owne~:s provided all tire above mentioned provisions are satisfiea[ The following conditions shall be satisfied as part of the approval of this project: The applicant shall obtain a Special Inspection from the Building Department. All required building permits and inspections shall be obtained for any work on the property. The guest house shall not be allowed a kitchen. It shall remain a guest house as defined by the Bakersfield Municipal Code (definition noted below). "Guest house" means any accessory, detached dwelling without any kitchen facilities designed for and used to house nonpaying visitors or guests of the occupant of the main dwelling. The existing 6-foot high fence at a north-south orientation (enclosing the swimming pool) may be moved easterly to a point no greater than 16 feet from the front property line or encroach into the front yard no further than the posts of the existing front porch. The applicant shall construct a 4.5 foot wide sidewalk along the B Street frontage according to the minimum standards set forth by the Public Works Department. The applicant shall comply with all building code standards for fire resistive protection of any structure located less than 3 feet from a property line. The eaves on the north side of the guest house shall be removed so that no portion of the structure is closer than 18 inches from the property line. The patio structure attached to the south side of the main home is within an existing utility easement. The applicant shall either remove it or obtain written permission from the easement holder that allows it to remain. If permission is granted, the applicant shall either remove that portion of the patio structure that is less than 3 feet from the property line or comply with all building code standards for fire resistive protection of its structural members. All existing fences within the front yard between the front porch and the street shall be removed. Fences shall be prohibited in this area except those placed along the side (north and south) property lines. Any fence constructed along the side property lines within the front yard area shall not exceed a height of 4 feet or encroach into the street right-of-way of B Street.