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PLANNING COMMISSION CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. PC-2001-43 <br /> <br />RESOLUTION APPROVING THE APPLICATION OF JOHN TOMAN FOR A <br />VARIANCE AND DESIGN REVIEW, AS FILED UNDER CASE PV-44/ <br />PADR-369 <br /> <br />WHEREAS, <br /> <br />John Toman has applied for a variance from the Pleasanton Municipal <br />Code and design review to construct an attached garage 21 feet, six inches <br />and an enclosed covered breezeway/porch 19 feet, six inches from the <br />front property line where 23 feet is the required setback, and to locate a <br />portion of the proposed, attached garage greater than 15 feet in height <br />located at 4222 Bevilacqua Court; and <br /> <br />WHEREAS, zoning for the property is R-1-6,500 (Single-Family Residential) District; <br /> and <br /> <br />WHEREAS, <br /> <br />at its duly noticed public hearing of August 22, 2001, the Planning <br />Commission considered all public testimony, relevant exhibits, and <br />recommendations of the City staff concerning this application; and <br /> <br />WHEREAS, projects of this nature are categorically exempt from the requirements of <br /> the Califomia Environmental Quality Act (CEQA); and <br /> <br />WHEREAS, the Planning Commission made the following findings: <br /> <br />That because of special circumstances applicable to the property, <br />including size, shape, topography, location or surroundings, the strict <br />application of the provisions of this chapter deprives such property of <br />privileges enjoyed by other properties in the vicinity and under identical <br />zoning classification <br /> <br />The rear half of the lot has an elevation significantly lower than the from <br />part of the lot. This elevation difference creates a unique physical <br />circumstance which constrains development on the rear portion of the <br />building envelope. <br /> <br />The granting of the variance will not constitute a grant of special privilege <br />inconsistent with the limitation on other properties classified in the same <br />zoning district. <br /> <br />Front Yard Variance <br />Given the slope of the rear of the lot, it is more difficult to build in the rear <br />portion of the building envelope than on the front portion. This physical <br />constraint located at the rear portion of the building envelope justifies <br /> <br /> <br />