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SU0004524
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PA-0400339
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SU0004524
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Last modified
12/4/2019 4:02:41 PM
Creation date
12/4/2019 3:53:41 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0004524
PE
2663
FACILITY_NAME
PA-0400339
STREET_NUMBER
2605
Direction
E
STREET_NAME
WATERLOO
STREET_TYPE
RD
City
STOCKTON
APN
11921009
ENTERED_DATE
7/6/2004 12:00:00 AM
SITE_LOCATION
2605 E WATERLOO RD
RECEIVED_DATE
6/30/2004 12:00:00 AM
P_LOCATION
99
P_DISTRICT
001
QC Status
Approved
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EHD - Public
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Findings for Variance <br /> In order to approve the Variance, the Planning Commission is required to make three <br /> required findings in the affirmative. (Development Title Section 9-827.5) <br /> Findinq One: Special Circumstances <br /> Because of the special circumstances applicable to the property, including size, <br /> shape, topography, location, or surroundings, the strict application of the <br /> regulation deprives the property of privileges enjoyed by other property in the <br /> vicinity and under identical zoning classification. <br /> Applicant's Statement: "Since the mobile home park is an existing non-conforming use, <br /> e.g. residential use on property zoned General Commercial, it deprives the property of <br /> complete utilization. Because of the property shape, long and narrow, it is important to <br /> push the building to the property line." <br /> • This finding can be made because the property has restrictions placed upon it <br /> because it is adjacent to commercial property with a residential use. For parcels <br /> zoned C-G that are adjacent to another parcel also zoned C-G, there is no side <br /> yard setback requirement. However, if the subject lot abuts property developed <br /> with residential uses, property zoned residentially, or property shown on the <br /> General Plan Map for residential development, said side yard shall be increased <br /> to twenty (20) feet in width (Development Title Section 9-410.5[b][1]). The shape <br /> of the parcel is long and narrow: at the widest, it is 126 feet wide and 666 feet <br /> deep. This parcel configuration severely limits the type of development and the <br /> size of the buildings that can be put on the property. By strictly applying the <br /> setback requirement, there would be little or no room to fit the required number of <br /> parking spaces for the uses proposed for the site. Regardless of the setback, as <br /> a Condition of Approval for the Site Approval application, a solid masonry wall six <br /> (6) to seven (7) feet in height shall be erected along the abutting property line <br /> with the residences surrounding the property. Since the applicant will be <br /> required to have a masonry wall between the subject lot and the adjacent non- <br /> conforming mobile home park to the east, the rear wall of the proposed Building <br /> #2 would serve as an extension of the masonry wall, providing screening for the <br /> mobile home residents from the business activities. <br /> Finding Two: No Special Privileges <br /> The granting of the Variance will not constitute a grant of special privileges <br /> inconsistent with the limitations upon other properties in the vicinity and zone in <br /> which the property is situated. <br /> Applicant's Statement: <br /> "There are no side yard setbacks upon properties zoned General Commercial. We are <br /> asking for what is allowed for this zone." <br /> • This finding can be made because all other Development Title ordinance <br /> requirements can be satisfied. The applicant is not asking for a privilege that is not <br /> consistent with requirements in the C-G zone. There will still be a masonry wall to <br /> buffer the adjacent mobile home park from the commercial business operations <br /> proposed for the parcel. And the applicant will still abide by the regular side yard <br /> 2 <br />
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