HomeMy WebLinkAboutA. VAR 08-261 - Michael and Marianne Toia denial resolution PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING A VARIANCE TO ALLOW A
GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD
SETBACK LOCATED ON PROPERTY LINE AT 46-020 BURROWEED
LANE.
CASE NOS. VAR 08-261
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18th of November, 2008, hold a duly noticed public hearing to consider the
request of Michael & Mariane Toia for the above mentioned project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify denial of said
request:
FINDINGS FOR DENIAL OF A VARIANCE:
1. Many of the homes located on Burroweed Lane are considered to be condos,
were constructed under Riverside County Zoning Ordinance development
standards which resulted in the construction of shared common walls without
side yard set backs. The applicant's property is a single family residential lot,
and was built with the intent of the required five foot setback. The applicant
constructed a golf cart shed within the setback without permits, and Planning
Commission does not want to set a precedent by issuing a variance for an
illegal structure.
2. The property is considered a single family residential lot with the required five
foot setback. The property is not of a highly irregular shape, and there are no
extraordinary circumstances or conditions applicable to the property.
3. The applicant voluntarily purchased a property that is a single family
residential lot, which requires a five foot setback. The applicant had the duty
to know that, with the required five foot setback, he would not have the ability
to expand his home.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That Variance 08-261 is hereby denied.
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of December 2008, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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