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\ <br /> CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 92-32 <br /> <br /> RESOLUTION DENYING T~E APPEAL (AP-91-10) OF <br /> THE DECISION OF THE PLANNING COMMISSION <br /> TFRREBY UPHOLDING THE APPROVAL OF A VARIANCE <br /> FOR JESS C. SPENCER MORTUARIES, INC., AS FILED <br /> UNDER CASE V-91-18 <br /> <br /> WHEREAS, at its meeting of January 8, 1992, the Planning <br /> Commission denied, Case AP-91-10, the application of <br /> Juanita Bianchi appealing the Zoning Administrator's <br /> approval of the application of Jess C. Spencer <br /> Mortuaries, Inc. for a variance to allow the construction <br /> of a building within the required 10 foot rear and front <br /> yard setbacks, and to allow the construction of a wood <br /> trellis within the required 10 foot rear yard setback for <br /> an approved mortuary building to be located at 4167 First <br /> Street; and <br /> <br /> WHEREAS, zoning for the property is C-S (Service Commercial) Core <br /> Area Overlay District; and <br /> <br /> WHEREAS, within the time specified by the Pleasanton Municipal <br /> Code, the Juanita Bianchi submitted an appeal to the City <br /> Clerk of the City of Pleasanton; and <br /> <br /> WHEREAS, a public hearing was held before the City Council on <br /> February 4, 1992, at which time all pertinent testimony <br /> and documents were reviewed; and <br /> <br /> WHEREAS, after a review of the material presented, the City <br /> Council makes the following finding: <br /> <br /> That because of special circumstances applicable to the <br /> property, including size, shape, topography, location or <br /> surroundings, the strict application of the provisions of <br /> the Pleasanton Municipal Code would deprive the property <br /> owner of privileges enjoyed by other properties in the <br /> vicinity and under identical zoning classification. <br /> <br /> 2. That because of the special circumstances mentioned <br /> in paragraph 1. above, the granting of the variance <br /> will not constitute a grant of special privilege <br /> inconsistent with the limitation on other <br /> properties classified in the same zoning district. <br /> <br /> 3. That the granting of the variance will not be <br /> detrimental to the public health, safety, or <br /> welfare, or materially injurious to properties or <br /> improvements in the vicinity; <br /> <br /> <br />