HomeMy WebLinkAboutRES NO 248-06
RESOLUTION NO.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
APPROVING AN APPEAL BY THE PROJECT APPLICANT, PHILL GASKILL,
OF THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF A MODIFICATION
(FILE NO. 06-1249) TO REDUCE THE REQUIRED FRONT YARD SETBACK
ALONG AMATI DRIVE FROM 25 FEET TO 20 FEET FOR A SINGLE-FAMILY
RESIDNCE IN AN R-1 (ONE-FAMILY DWELLING) ZONE DISTRICT LOCATED
AT 7009 AMATI DRIVE.
WHEREAS, a Zoning Modification (File No. 06-1249) was requested by Phill Gaskill
to reduce the required front yard setback along Amati Drive from 25 feet to 20 feet for a single-family
residence in an R-1 (One-Family Dwelling) zone district located at 7009 Amati Drive; and
WHEREAS, the Board through its Secretary set Tuesday, August 8, 2006, 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 them on said project, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, at the public hearing said project was duly heard and considered, and
the Board of Zoning Adjustment denied the modification adopting their findings in Resolution No.
06-30; and
WHEREAS, a timely appeal was filed by Phil Gaskill 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 September 13, 2006, 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 them on the appeal, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, the City Council considered during the hearing, all facts, testimony and
evidence concerning the project, including the staff report, deliberation and action by the Board of
Zoning Adjustment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
A. The applicant provided evidence that the modification would not be materially
detrimental to the public welfare, nor injurious to the property or improvements
in the neighborhood.
B. The modification is necessary to permit an appropriate improvement on the lot.
The applicant showed that the reduction of the front yard setback was configured
in such a way as to be indistinguishable with adjacent development and enable
improvements on the lot to remain.
C. The granting of the modification is consistent with the purpose and intent of
the Zoning Ordinance and General Plan.
D. That based on the above findings and additional evidence provided by the
applicant, the appeal is hereby approved overturning 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 Cit~Q.f Bakersfield at a regular meeting thereof held on
NtP 1 3 2006 , by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By. ~ (n.~
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