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HomeMy WebLinkAboutRES 2001 406 0609RESOLUTION NO. PC- 2001 -406 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA DENYING AN APPEAL TO THE DENIAL BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF ADMINISTRATIVE VARIANCE NO. 2001 -01 AND ADMINISTRATIVE PERMIT NO. 2001 -02 FOR DEVELOPMENT OF A SINGLE - FAMILY RESIDENCE AT 309 CHARLES STREET, ON APPROXIMATELY A 6,075 ACRE PARCEL OF LAND, ON THE APPLICATION OF RON WIDINER WHEREAS, at a duly noticed Public Hearing on April 9, 2001, the Planning Commission considered an appeal of the denial by the Director of Community Development of Administrative Variance No. 2001 -01 and Administrative Permit No. 2001 -02 on the application of Ron Widiner for construction of a 1,218 square foot, one (1) story, single - family residence with a 754 square foot garage and for Administrative Variance No. 2001 -01 for a two (2) foot reduction in side -yard setback and a four (4) foot reduction in front -yard setback, on approximately a 6,075 square foot parcel of land, located at 309 Charles Street, Assessor's Parcel No. 512 -0- 072 -150; and WHEREAS, at its meeting of April 9, 2001, the Planning Commission opened the public hearing, received public testimony, and closed the public hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning Commission staff report, and testimony received, has made a decision in this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the decision of the Director of Community Development to deny Administrative Variance No. 2001 -01 and Administrative Permit No. 2001 -02 is consistent with the Downtown Specific Plan which specifies design criteria for residential development and that the findings for a Minor Variance were not made. SECTION 2. That the Planning Commission adopts the following additional findings: S: \Community Development \Everyone \Resolutions and Conditiona \pc- 040901 Widiner.doc Modified: 05/11/01 Resolution No. PC- 2001 -406 r Page 2 C.E.Q.A. Finding The California Environmental Quality Act (CEQA) does not apply to projects that a public agency rejects or disapproves pursuant to Section 15270 (a) of the California Environmental Quality Act. Administrative Permit Findin The proposed single - family residence is inconsistent with Section 2.2.3 of the Moorpark Downtown Specific Plan concerning building form, unit articulation, roof form, materials, and design. Administrative Variance Findings The applicant has failed to demonstrate that pursuant to Section 17.44.030.0 -2 of the Zoning Ordinance that the findings to grant a variance could be made. SECTION 3. That the Planning Commission denies without prejudice Administrative Variance No. 2001 -01 and with prejudice Administrative Permit No. 2001 -02. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner's Landis, DiCecco, Haller, Otto, and Parvin. NAYES: ABSENT: ABSTAIN: PASSED AND ADOPTED THIS 9th DAY OF APRIL 2001. r *ic_eParPvin, l rman ATTEST: Celia LaFleur, Secretary to the Planning Commission S /community development /everyone /pc reso no. 2001 -406 appeal no. 2001 -02 Widiner Modified: 05/11/01