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~,.~.~.,,.~~ CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 98-133 <br /> <br /> RESOLUTION DENYING THE APPEAL AND THEREBY <br /> UPHOLDING THE DECISION OF THE PLANNING <br /> COMMISSION TO APPROVE THE APPLICATION OF ROD <br /> AND BARBARA KERR (AP-98-07[V-98-07/Z-98-162]) <br /> <br />WHEREAS, the Zoning Administrator conditionally approved Case V-98-07/Z-98-162, the <br /> application of Rod and Barbara Kerr for a variance from the Municipal Code <br /> requiring that a one-story addition to an existing single-family residence maintain <br /> a five-foot setback (rather than the applicant's requested three-foot setback) from <br /> the northeastern side property line located at 5664 Paseo Navarro; and <br /> <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, the applicant filed an <br /> appeal to the Planning Commission requesting that the variance be approved as <br /> originally submitted; and <br /> <br />WHEREAS, zoning for the property is R-1-6,500 (Single-Family Residential) District; and <br /> <br />WHEREAS, the Planning Commission determined that the variance findings as made by the <br /> Zoning Administrator can be made and the approval of the Zoning Administrator <br /> for a five-foot setback was a reasonable solution which enables the applicants to <br /> maximize the use of their property; and <br /> <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, the applicant <br /> appealed to the City Council the Planning Commission's decision; and <br /> <br />WHEREAS, at its duly noticed public hearing of October 6, 1998, the City Council considered <br /> all public testimony, relevant exhibits, and recommendations of the City staff; and <br /> <br />WHEREAS, the City Council determined approval of the three-foot side yard setback is out of <br /> character with the neighborhood, would result in a grant of special privilege, and <br /> would result in a substandard condition which would set an undesirable precedent <br /> in the community; and <br /> <br /> <br />