HomeMy WebLinkAboutRES NO 6-97RESOLUTION NO. '6 '~ 9 ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD UPHOLDING IN PART AND REVERSING IN PART
THE BOARD OF ADJUSTMENT'S DECISION TO DENY A
MODIFICATION TO REDUCE THE FRONT YARD SETBACK FROM
25 FEET TO 20 FEET ON SEVEN RESIDENTIAL LOTS (FILE NO.
P96-0867).
WI-tEREAS, Telstar Engineering filed an application with the City of Bakersfield Planning
Department requesting a modification to reduce the required front yard setback from 25 feet to 20
feet on seven residential lots (Lots 5-11 of Tract 5597) to construct new single family homes.
The proposal is located at 10901, 10907, 11003, 11009, 11101, 11107, and 11115 Artist Court
and is within a R-1 (One Family Dwelling) zone district; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set November 12,
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 November 12, 1996, the application was duly heard and
considered, and the Board of Zoning Adjustment denied the modification; and
WHEREAS, a timely appeal was filed by Carl Moreland of Telstar Engineering 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, the appeal was duly heard and
considered, and the City Council made the following findings:
1)
The granting of a modification to the rear yard is more appropriate since
the required setback of 50 feet is due to the adjacent property being zoned
for agricultural use and this setback is significantly larger than would be
required if it was zoned residential. The rear yard modification would not
be materially detrimental to the public welfare, nor injurious to the property
or improvements in the vicinity. The rear yard setback reduction would
result in there being a larger rear yard than properties in the area and the
adjacent property owner has consented to the reduction.
2) The approval of the setback modification is consistent with the purpose and
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intent of the City of Bakersfield's Zoning Ordinance and the Metropolitan
Bakersfield 2010 General Plan. The modification reduces the setback by
10% but continues to provide adequate separation between the proposed
residences and agricultural use on the adjacent property. It permits the
property owners of the lots to develop and enjoy the same rights as other
property owners in the neighborhood.
3)
The rear yard modification is found to be appropriate for only lots 7, 8, 9,
and 10 of Tract 5597. Based upon the plans submitted by the applicant,
the proposed homes can meet all building setbacks without modification on
lots 5, 6, & 1 l, therefore, the Board of Zoning Adjustment's denial of the
modification for these three lots is appropriate.
4) Public notice has been given pursuant to both city and state regulations.
5)
The provisions of CEQA and the city's environmental implementation
procedures have been followed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
The decision of the Board of Zoning Adjustment is hereby upheld for lots 5, 6, &
11 of Tract 5597 (10901, 10907, & 11115 Artist Court).
The decision of the Board of Zoning Adjustment is hereby overturned and a
modification is hereby granted to reduce the rear yard setback from 50 feet to 45
feet on lots 7, 8, 9, & 10 of Tract 5597 (11003, 11009, Ii101, & 11107 Artist
Court).
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the C0g.n.cil of the City of Bakersfield at a regular meeting thereof held on
'dAN 0 8 1597 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON,~MffH, McDERMOT'r, ROWLE8, SULLIVAN, 8ALVAGGIO
NOES: COUNCILMEMBER ./~(Ylt~ ,
ABSTAIN: COUNCILMEMBER
ABSEN'~ COUNCILMEMBER
CITY CLERK and E_XO~FFICIC~CLE~R~.:
of the Council of the CRy of Bakersfiel~l:
APPROVED
~dAN 0 8 1997
of the City of Bakersfield
APPROVED as to form:
of the City of Bakersfield
ORIGINAL