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Item 6 - CUP 94-17 VAR 94-10 DuDeck UI~ I HltSU I t:u ..< - ~.5- 7 J 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 1 of 2 __n- 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 2 of 2