11/22/57 - Laserfiche WebLink

Mr. Wharton stated it appeared that no undue hardship would result from compliance with the setback regulations, but seemed to be merely a choice of what the applicant wished to use the land for - storage or a;garage• He cautioned against granting variances that would net a precedence, especially in view of the new zoning ordinance now ender consideration. Mr. Zaro pointed oat the convenience of having the garage as near the house as possible in inclement weather. In answer to his question Chairman Wetherby explained justifiable hardship as a situation where stitch compliance-with regu- lations would result from the loss of property rights because of peculiar and u:wsual conditions beyond the control of the owner and where no other alternative is avail#ble. He explained further that the Commission moat use thin approach in order to be sure regulations apply uniformly and to all alike. Comefasioner DeVor noted that locating the garage only five or ten feet farther to the rear of the lot would give plenty of room and make compliance possible. Nesolution No. 15 Introduced by Comfsisaioner Wharton and seconded by Cosmissioner DeVor finding that hardship does not eziat and recommecding to the City Council the denial of the application for a variance, and adopted by the following vote: AYES: Commissioner DeVor, Hsaifen, Mitchell, Trowbridge, Wharton and Wetherby. NOES: None ABSENT: None Application of the Church of Christ-for a Conditional Zoning Permit for the nae oP the property at 706 Main Street for church purposes, dated November 14, 1957, wan presented. The application wan presented by W. N. Davis of 55 Silver Street anti Donald McChord, 198 Hubbard Street, San Lorenzo. Mr. Davis stated that the application was fora temporary permit until the church could fib a suitable location. He explained the congregation is composed of 25 to 30 members and that they normally amet on Sundays and one evening during the week. The building they wish to use holds about TS people and has formerly been used for chaech purposes. He explain ed parking would be no real problem since the streets are usually free of parkers on Sundays sad is the evenings. Chairman Wetherby asked :i:ow long the permit would be needed and Mr. Davin suggested one year xould probab]y give the church sufficient time to locate per- manently. Cosmisaioaer DeVor caked if nix months would do, and Mr. AkChord said that finding property and building in ouch a short time would be difficult. Mr. Wetherby pointed out the new coning ordinance may not permit churches in the central business district a~ suggested a six months permit might be preferable than having a non-confors~ing use later on. In gnawer, Mr, McChord pointed oat that the permit would have a termination period a~ that if a non-conforaing use resulted it would be eliminated within a short tine. Commissioner Wharton asked if it appeared desirable to have a public hearing on i'-" a y~ this matte~~. Commis ner Hanifen stated he could nee no objection to the nae, imt ~"~ s~saai-tlu`~six months limit be imposed with an option for re~wal but not beyond a'rEOtal of one or two years. Mr. DeVor felt a year limit was more practical. There wan a general discussion concerning the desirability fora public hear- ing. The concenaus was that a hearing would not be needed in view of the previous nae, the lack of cottflict in need for parking, and the temporary nature of the #Correction - Commissioner Wharton moved an amendment to the motion of Commissioner Wetherby (which was accepted) and moved that a six months limit etc.