HomeMy WebLinkAbout11-27, 11-0436RESOLUTION NO. 11 -27
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD DENYING A ZONING MODIFICATION TO PERMIT TWO LATTICE
COVERED STRUCTURES, EACH SUPPORTED BY FOUR 7 -FOOT, 8 -INCH TALL
CONCRETE COLUMNS, TO EXCEED THE MAXIMUM ALLOWABLE FRONT YARD
SETBACK ENCROACHMENT OF 3 FEET IN AN R -1 (8,500) (ONE- FAMILY
DWELLING - MINIMUM 8,500 SQUARE FOOT LOT AREA) ZONE DISTRICT. (FILE
NO. 11-0436)
WHEREAS, JH Hansen Engineering filed an application with the City of Bakersfield Planning
Department requesting a zoning modification to permit two lattice covered structures, each
supported by four 7 -foot, 8 -inch tall concrete columns, to exceed the maximum allowable front yard
setback encroachment of 3 feet. The proposal is located at 309 Sonoma Vine Court and is in an R -1
(8,500) (One - Family Dwelling - minimum 8,500 square foot lot area) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, December 13,
2011 at the hour of 3:00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before them on the proposal, and
notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal
Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on December 13,
2011, and testimony was received both in support and opposition of the project; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA)
and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff
and the Board of Zoning Adjustment; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA)
and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff
and the Board of Zoning Adjustment; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15305; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield,
California) is the custodian of all documents and other materials upon which approval of the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, initial study, and evidence received both in
writing and by verbal testimony at the above referenced public hearing(s), support the findings
contained in this resolution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts,
testimony and evidence was considered by the Board of Zoning Adjustment, and they made the
following findings regarding the proposed project:
I . All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation 10 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have
been followed. Staff determined that the proposed activity is a project and
that it is categorically exempt from CEQA under Section 15305 because the project
represents a minor alteration to a land use limitation.
3. The proposal has the potential to be injurious to properties in the vicinity since it is out of
scale and character with the subject property and neighboring properties.
4. The scale of the proposal is considered to be incompatible with surrounding
development; therefore, the granting of the modification is not considered necessary to
permit appropriate improvements on the subject property.
5. The granting of the modification would be inconsistent with the purposes and intent of
Section 17.02.030 of the zoning ordinance with respect to protection of the established
character of single - family residential neighborhoods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. That Modification No. 11 -0436 as described in this resolution, is hereby denied.
On a motion by Board Member Underwood, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Bland, Fick, Underwood
NOES:
ABSENT:
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Zoning
Adjustment of the City of Bakersfield at a regular meeting held on the 13th day of December, 2011.
DATED: December 13, 201 1
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
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