HomeMy WebLinkAboutRES NO 025-12RESOLUTION NO. 0 2 5- 1
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DENYING
AN APPEAL BY JH HANSEN ENGINEERING REPRESENTING JOHN
POWELL, JR. OF THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF A
ZONING MODIFICATION (FILE NO. 11 -0436) TO PERMIT TWO
BUILDINGS TOTALING APPROXIMATELY 392 SQUARE FEET WITHIN THE
REQUIRED FRONT YARD AREA IN AN R -1 8.5K ZONE DISTRICT (ONE -
FAMILY DWELLING - 8,500 SQUARE FOOT LOT MINIMUM) LOCATED AT
309 SONOMA VINE COURT
WHEREAS, a Zoning Modification (File No. 1 1 -0436) was requested by JH Hansen
Engineering to permit two lattice covered structures (pergolas), each supported by four 7-
foot, 8 -inch tall concrete columns, to be located within the front yard area and exceeding
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 located at 309 Sonoma
Vine Court; and
WHEREAS, the Board of Zoning Adjustment (BZA) 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 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 BZA public hearing said project was duly heard and considered and
the BZA denied the modification adopting their findings in Resolution No. 11 -27; and
WHEREAS, a timely appeal was filed with the Clerk of the City Council by JH Hansen
Engineering objecting to the BZA's decision; and
WHEREAS, the City Council, through its Clerk, set February 15, 2012, at the hour of 5:15
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 continued the public hearing to March 7, 2012 same time
and place, to allow additional time for Council review of the request; and
WHEREAS, at the March 7, 2012 public hearing, the City Council considered 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. Based upon correspondence submitted prior to the BZA hearing from
neighborhood residents, the granting of the modification could be
materially detrimental to the public welfare and injurious to properties in
the immediate vicinity as the proposed improvements would be out of
scale and character with the neighborhood.
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OR
B. The granting of the modification is not necessary to permit appropriate
improvements on the subject property since there was no evidence that
there were special circumstances unique to this property that would
warrant deviation of standards from the zoning ordinance.
C. The City Council hereby denies the appeal and upholds the decision of the
Board of Zoning Adjustment.
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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 March 7, 2012, by the
following vote:
✓ / ✓ i0
AYES: COUNCILMEMBER SA(vLAS BENHA✓ M WEIR HANSON SULLIVAN, .
COUNCILMEMBER
�ABSTAlN:. COUNCILMEMBER CO C1Y`
ABSENT:` COUNCILMEMBER�0
ti
ROBERTA GAFFORD, CM
CITY CLERK and Ex Offic o Clerk of the
Council of the City of Bakersfield
APPROVED MAR ..O 72012
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GNNARO
City Attorn
PH - S: \BZA_SPR \MOD \201 1 \1 1 -0436 309 Sonoma Vine Ct front setback encroachment in R -1 \CC Resolution.doc
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IMHANSEN ENGINEERING JOHN H. HANSEN
3012 Antonio Avonao, dakorshsid. CA 82308 (661) $61 -9454
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December 22, 2011
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City Clerk n
Bakersfield's City Council
160 Tnrxtun Avenue
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Bakersfield, Ca. 93301
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Subject: Appeal of Board of Zoning Adjustment Decision 11 -27
On behalf of my client, JOHN E. POWEI.L JR., who resides at 309 Sonoma Court in Bakersfield, I would
like to appeal the decision of Board of Zoning Adjustment, Resolution No. 11-27.
Mr. Powell would like to construct a Pergola on top of the existing concrete columns in his front yard to
provide support for the existing bougainvillea vines that are growing up the columns. Currently the vines
are being supported by 1/4" rope. The wood pergola would provide the lattice work to replace the rope and
improve the look of the yard, making it atheistically pleasing to the neighborhood.
We do not agree with the Board of Zoning Adjustment conclusion in that:
1. The Pergola will only add 18" to height of the columns resulting in a total height of 9' -2 ", which
will not be injurious to the neighborhood. In fact the Pergola will replace the existing rope
improving the visual appearance.
2. Landscaping of a neighborhood is subject to the taste of the individuals that live there: one may
use pine trees and grass, while another wants rocks and cactus or roses. This is the individuality of
the American neighborhood
3. The proposed project will not cause line of sight problems for traffic, therefore does not present a
safety issue for the children in the neighborhood.
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4. No evidence of property values being lowered, as result of tv,r. Powell's landscaping, was
provided at the Board of Zoning Adjustment hearing.
Mr. Powell would like to have his project reconsidered and to precede with his landscape improvements.
If you have any questions or comments, please call (661) 861-9454.
Very truly yours,
Hanse En
Jo Hansen, P.E.
.Hansen,
RC J.H. F26544
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