Agenda - Planning Commission - 04/04/1995

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Page 2 m March 1995 Z.B. Residential use - Landowner Wants to Build House on Hil! Saad v. City of Berkeley, 30 Cal. Rptr. 2d 95 (California) 1994 Saad bought property in the city of Berkeley, Calif. The area's zoning allowed single-family homes, but imposed strict regulations on building because of the sensitive hill terrain. Saad applied for a use permit tO buitda large house and garage within two feet of the sidewalk. The minimum setback for the area was 20 feet. After neighbors appeared at a public hearing to oppose Saad's plan, the city's Board of Adjustments referred the parties to a mediator to work out a compromise. Over the course of several negotiations'and hearings, Saad sub- mitted four different proposals for a house. These plans included changes in setback footage and house size. The board denied Saad's fourth application, finding the plan incompatible with the neighborhood. The board made three specific findings: the house would block neighbors' views; it would create a towering effect detrimental to neigh- bors living down the slope; and the project would not diminish potential fire and earthquake hazards. The city council upheld this denial. Saad appealed, and asked the court to order the board to grant the use permit. The court ruled there was enough evidence to support the findings regard- ing the effects on Saad's neighbors. However, it also found there was no evi- dence to support the findings regarding potential earthquake and fire hazards. Therefore, the court sent the case back to the city council for further findings. Both Saad and the city appealed. Saad claimed the court should have or- dered the board to issue the permits. The city argued the board's two objec- tions were enough to defeat the use permit application. DECISION: Reversed and sent back to the lower court with instructions to deny Saad's requested order. The board's two valid objections were enough to reject the permit applica- tion. To get a use permit, Saad had to show the project would not be detri- mental to the neighborhood. Since the findings regarding view impairment and towering effects were supported by evidence, the board's denial of Saad'.s per- mit application was valid. Desmond v. County of Contra Costa, 25 Cal. Rptr. 2d 842 (1993). Ordinance--Religious Institution Challenges Definition of Traditional Family Unification Theological Semh~ary v. City of Poughkeepsib, 607N. Y.&2d 383 (New York) 1994 The zoning ordinance for the city of Poughkeepsie, N.Y., stated that four or more unrelated persons living together in a single residence were not the "func- tional equivalent" of a traditional family. This presumption could be overturned by showing several things about the group's living arrangements, such as whether the group was permanent and stable, shared the entire dwelling, cooked meals together, and shared expenses. Unification Theological Seminary asked the city's Zoning Board of Appeals to interpret the ordinance. The board found the ordinance was clear and did not require interpretation.