Item 6 - CUP 94-17 VAR 94-10 DuDeck
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ClfY OF POWAi
SUPPLEMENTAL
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Manage~~
INITIATED BY: Stephen M. Eckis, City Attor~
DATE: February 28, 1995
SUBJECT: CUP 94-17 and Variance 94-10 (DuDeck)
BACKGROUND
The companion staff report recommends approval of the conditional use permit and
variance for a second dwelling unit. A resolution supporting approval is
attached to that report-
It is anticipated that there will be some public testimony in opposition. Two
recent cases, Harris v. Costa Mesa and Desmond v. Count v of Contra Costa, hold
that a conditional use permit for a second unit may be denied but only if
supported by public testimony or other evidence of incompatibility with the
neighborhoods.
FINDINGS
If, after public testimony, the City Council determines to deny the conditional
use permit, it should be denied on the following grounds:
1. Denial of the variance for the carport. Without this variance, the
second unit does not meet ordinance requirements.
2. Denial of the CUP because it will have adverse aesthetic, health, or
safety impacts as follows (select those supported by the evidence):
a) architectural or aesthetic incompatibility of the carport;
b) architectural or aesthetic incompatibility of the second unit;
c) deprives nearby property of privacy;
d) excessive noise;
e) inadequate parking;
f) undue traffic burden;
g) negative impact on property values;
h) unavailability of public facilities. f£B 28 1995 ITEM 6
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Agenda Report (CUP 94-17 and Variance 94-10)
February 28, 1995
Page 2
Substantial evidence must support each finding. If the project is denied, City
Council should identify those findings it relies upon, and staff will place the
appropriate resolution on a future agenda.
FISCAL IMPACT
See companion report.
ENVIRONMENTAL REVIEW
See companion report.
PUBLIC NOTIFICATION AND CORRESPONDENCE
See companion report.
RECOMMENDATION
If the City Council denies Conditional Use Permit 94-17 and Variance 94-10,
identify the findings to be included in the resolution of denial.
SME:eb
FEB 28 1995 ITEM Ó
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