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<br />Resolution No. PC-2004-13 <br />Page Three <br /> <br />the rear property line. Therefore, staff believes that these circumstances are <br />unique to this property and, therefore, that this finding can be made. <br /> <br />2. 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 />In order for this finding to be made, there must exist a relationship between the <br />unique site and the variance in question. As stated above, the applicant's lot is <br />unique. Therefore, by granting the subject variance, the Planning Commission <br />will not be granting the applicant a special privilege that is inconsistent with other <br />properties in the same zoning district. Therefore, s this finding can be made. <br /> <br />3. Granting of the variance will not be detrimental to the public health, <br />safety, or welfare, or materially injurious to properties or improvements in <br />the vicinity. <br /> <br />Being built to all applicable codes, the proposed construction would not affect the <br />health, safety, or general welfare ofthe surrounding area. No specific opposition <br />to the proposed variance was made by the adjacent property owners. Thus, the <br />granting of the variance would not be detrimental to the public health, safety, or <br />general welfare or materially injurious to properties in the area. Therefore, this <br />finding can be made. <br /> <br />WHEREAS, the Planning Commission determined that the proposed conditional use would be <br />compatible with the existing uses in the area. <br /> <br />NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON <br />RESOLVES THE FOLLOWING: <br /> <br />Section 1. <br /> <br />Approves Case CASE PDR-290/PCUP-87/PV-89, the application of Valley <br />Humane Society for design review and conditional use permit approvals to <br />construct a new, approximately 5,240-square-foot one-story building and for a <br />variance from the Municipal Code to allow a building setback of five feet for a <br />30-foot long portion of the proposed building, where ten feet is required, for <br />property located at 3670 Nevada Street, subject to the conditions shown in <br />Exhibit "B" for the conditional use permit and Exhibit "C" for the design review <br />and variance, both of which are attached hereto and made part of this case by <br />reference. <br /> <br />Section 2. <br /> <br />This resolution shall become effective 15 days after its passage and adoption <br />unless appealed prior to that time. <br />