HomeMy WebLinkAboutRES NO 28-00RESOLUTION NO. ~ 28- 0 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AN APPEAL BY HAROLD ROBERTSON
REPRESENTING PANORAMA HEIGHTS DEVELOPMENT OF THE BOARD
OF ZONING ADJUSTMENT'S DECISION TO DENY A MODIFICATION TO
ALLOW A REDUCTION OF THE FRONT YARD SETBACK IN AN R-I ZONE
ON A TOTAL OF 20 LOTS LOCATED ALONG THE WEST SIDE OF THORNER
STREET AND STEELHEAD DRIVE IN TENTATIVE TRACT NO. 5929.
(P99-0823)
WHEREAS, Harold Robertson, representing Panorama Heights Development, filed an
application for modifications (File No. P99-0823) to allow a reduction of the front yard setbacks
from 25 feet to 20 feet in an R-1 zone for 9 lots along the west side of Thorner Street and 11 lots
along the west side of Steelhead Drive (total of 20 lots) in Tentative Tract No. 5929; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
December 14, 1999, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield,
California, as the time and place fora public headng before said Board on said application, and
notice of said headng was given in the manner provided by Title Seventeen of the Municipal
Code of the City of Bakersfield; and
WHEREAS, at said hearing which was continued to January 11, 2000, the application
was duly heard and considered, and the Board of Zoning Adjustment denied the request; and
WHEREAS, the project was reconsidered by the Board of Zoning Adjustment on
February 8, 2000 because of an error in the public hearing notice, and the application was duly
heard and considered, and said Board again denied the request; and
WHEREAS, a timely appeal was filed by Harold Robertson representing the applicants
objecting to the BZA's denial with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set March 15, 2000, 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 and is incorporated herein by this
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
1. The City Council hereby finds:
That the proposed modifications would not be materially detrimental to the
public welfare and to property and improvements within the zone or
vicinity within which the property is located for the following reasons:
-2-
The affected lots must be designed to contain the uphill slopes
which reduces the buildable area; and
(2)
The reduction of the front yard will provide future lot owners an
increase of useable rear yard area which is more desirable for
family functions than in the front of the home.
That the granting of the modification is necessary to permit an appropriate
improvement on the lots for the following reasons:
(1)
The applicant has designed this tract according to accepted
engineering and subdivision practices; and
(2)
Topography of this tract presents more difficulties in design
compared to adjacent tract developments in the area, and the
applicant does not have the ability to redesign the lots to
accommodate the homes proposed to be constructed because the
topography limits road placement and the overall depth of lots; and
(3)
Building code requirements place additional restrictions on these
lots due to topography that reduce buildable area thereby
necessitating reduction of setbacks for some lots.
The proposed modification is consistent with the purpose and intent of the
city's zoning ordinance (Title 17) as there are unique characteristics of the
proposed tract which would permit lesser front yard setbacks for the lots
at issue which are distinguishable from the existing residences in R-I
zones in the area.
The City Council hereby overturns the decision of the Board of Zoning
Adjustment and approves the appeal based on the above findings and the
administrative recording or proceedings which have been incorporated herein by
reference, subject to the following conditions:
A. The modifications are subject to the rights granted in Exhibit A.
The front yard area for each of the 9 lots along the west side of Thomer
Street shall not be less than 22 feet (refer to Exhibit B).
The front yard area for each of the 11 lots along the west side of
Steelhead Drive shall not be less than 20 feet (refer to Exhibit B).
......... o0o ........
-3-
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 MAR 1 5 2000
by the following vote:
AYES:
NOES:
ABSTAIN: Councilmember NoN~_
ABSENT: Councitmember NOl~rm~
Councilmember Demond, Carson, Couch, Maggard, Rowles, Sullivan, Saivaggio
Councilmember ~old[
APPROVED:
MAR 1 5 ~000
CITY CLERK and EX OFFICIO CLERK
of the Council Of the City of BakerSfield
BOBPR~~t-~
CITY OF BAKERSFIELD
APPROVED as to form:
BART THILTGEN, CITY ATTORNEY
By: ~
EXHIBIT "An
CONDITIONS OF APPROVAL
Modification No. P99-0823
The applicant's rights granted by this approval are subject to the following
provisions:
The project shall be in accordance with all approved plans, conditions of approval, and other required
permits and approvals. All construction shall comply with applicable building codes.
All conditions imposed shall be diligently complied with at all times and all construction authorized or
required shall be diligently prosecuted to completion before the premises shall be used for the purposes
applied for under this approval
These approvals shall automatically be null and yom one (1) year after the effective date unless the
applicant or successor has actually commenced the rights granted, or if the rights granted are
discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1)
additional year by the approving body.
The City Council may initiate revocation of the rights granted if there is good cause, including but not
limited to, failure to comply with conditions of approval, complete construction or exercise the rights
granted, or violation by the owner or tenant of any provision of the Bakersfteld Municipal Code
pertaining to thepremises for which the approval was granted. The Council may also consider under the
revocation addition to or modification of any conditions if there is sufficient cause, including but not
limited to, complaints regarding the project or that the conditions are not adequate for the intended
purpose.
Unless otherwise conditioned, this approval runs with the land and may continue under successive
owners provided all the above mentioned provisions are satisfied.
5714
11'11715f
/ / ,5710
/ / /
/ 5706r
/.
/6,500 sf
B,500 sf / ~
6,500 sf
5620
5616
56~2
I 7,980 sf
5608
7,980 sf
6,500 sf \
7,856 sf
5604
5600
CON~OR
/15,o27 sf /I
89,1 '
8,125 sf
7,677 sf
/
)' FRONT '-- 6,.~. , 6,~., , 66.0.
~ YARDS I /
~ ~ 22' FRONT YARDS"
/
/
5708 //
/10,761 sf/
5704 //
5700
5622
8.461 sf
5614
6,500 sf
5610
STREET
sf
9.100
5606
7.303 sf
5602
7,555 sf
TRACT NO.
5929