ITEM 9-B

Council Mtg:  December 15, 1992

TO:       Mayor and City Council

FROM:     City Staff

ADDRESS:  3222-3232 23rd Street

          Applicants:  Mohammad Siadat and Mohammad Davari

SUBJECT:  Reconsideration of City Council's Denial  of  Tentative
          Parcel Map 21159 and Variance 92-013.

INTRODUCTION

On September 22, 1992,  the  City  Council  upheld  the  Planning
Commission's  denial  of  Tentative Parcel Map 21159 and Variance
92-013.  The variance would have allowed the  subdivision  of  an
11,508  square  foot  parcel in the R1 district with two existing
single-family dwellings into two parcels, each  with  substandard
lengths  and  nonconforming  building  setbacks.  On November 10,
1992, City Council voted  5-2  to  reconsider  the  appeal.   The
subdivision  of the existing parcel into 2 parcels is proposed so
that separate ownership may be obtained, with  one  residence  on
each parcel.

Parcel 1, with frontage along 23rd Street and the  alley  to  the
north,  has  a  59'  depth  and a 107' width for a total of 6,293
square feet.  Proposed setbacks include a 12' front  yard  (along
23rd  Street), 7' and 34' side yards, and a 25' rear yard.  A 20'
front yard, 7'2" side yard and 25' rear yard setback is  required
for  the  proposed  parcel.   A  variance  is  required  for  the
substandard 59' depth; the parcel would have a nonconforming  12'
front  yard and 7' north sideyard.  Code requires a minimum width
of 50' and depth of 100'.  Parcel 2,  with  frontage  along  23rd
Street  and  Dewey Street, has an 88' depth and a 59' width for a
total  of  5,225  square  feet.   Proposed  setbacks  include  an
existing  32'  front  yard,  12' and 18' side yards and a 5' rear
yard.  A 20' front yard, a 5.9'  side  yard  and  25'  rear  yard
setback  is  required  for  the  proposed  parcel.  A variance is
required for the substandard 88' depth; the parcel would  have  a
nonconforming  5'  rear  yard setback.  The proposed parcels meet
the minimum lot size requirement of 5,000 square feet.  A copy of
the original City Council staff report is contained in Attachment
A.

The applicant has indicated a willingness to close a driveway  on
23rd Street as a condition of approval of the Parcel Map.  A site
plan of the the proposed driveway  closure  and  site  access  is
contained   in  Attachment  B.   A  statement  by  the  applicant
indicating the benefits  of  such  a  proposal  is  contained  in
Attachment  C.   Staff's  review  of  this  offer indicates that,
although such an action would be beneficial to traffic, it is not
of  sufficient  benefit  that  it  would  move  staff  to  make a
recommendation contrary to the action of the Planning Commission.
Please  see  the original staff report to Council for the details
of Planning Commission's action on the original application.

REQUIRED NOTIFICATION

Pursuant to Municipal Code Section 9.04.20.22.050, notice of  the
City Council meeting was mailed to all owners and residential and
commercial tenants of property located within a 300  foot  radius
of  the  project  at least ten consecutive calendar days prior to
the City Council meeting.  A copy of the notice is  contained  in
Attachment D.

RECOMMENDATION

It  is  recommended  that  the  City  Council  consider  the  new
information and make a determination on its merits.

ATTACHMENTS:

A.     City Council Staff Report, dated 7/14/92.
B.     Proposed 23rd St. Driveway Closure.
C.     Applicant's Statment re:  23rd St. Driveway Closure.
D.     Notice of Public Hearing.

Prepared by:  D. Kenyon Webster, Planning Manager
              Sue Martin, Assistant Planner
              Planning Division
              Land Use and Transportation Management Department