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HomeMy WebLinkAboutRes No 040PLANNING COMMISSION RESOLUTION NO. 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE TO ALLOW A RELAXATION OF OFF-STREET PARKING REQUIREMENTS IN ORDER TO PERMIT CONSTRUCTION ON LOTS 21 & 29 OF THE PROTOTYPE BLOCK TO CONFORM WITH THE EXISTING DEVELOPMENT PATTERN IN THE AREA. CASE NO. VARIANCE 01-75. WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on March 17, 1975 hold a duly noticed public hearing to consider the application of H. A. McCORMICK and LARRY LACKS for a variance to allow for a reduction of 11 off-street parking spaces for each of the following lots on property located in the C-P-S Zone and situated at 73-880 El Paseo & 73-950 El Paseo and more particularly described as: Lot 21 & 29 of Block S, Palm Desert Tract. WHEREAS, the subject application is exempted or has been considered non- significant with regard to the requirements of the "Palm Desert Environmental Quality Procedure Resolution Number 74-14". WHEREAS, at said public hearing, upon hearing and considering all testi- mony and arguments, the Planning Commission did find that the following facts and reasons to exist to justify the granting of said variance: 1. Special circumstances or conditions are applicable to the property or intended use that do not apply generally to other properties in the vicinity which are under identical zoning classification, SUCH AS: A new parking ordinance which requires a proportionately larger amount of each remaining lot to be devoted to off-street parking. However, utilization of additional parking spaces (as per current Parking Ordinance) would be cancelled out by the implementation of parking, circulation and landscaping plans which are being developed for the Prototype Block. 2. The granting of such variance will not be materially detrimental to the public health, safety, welfare or injurious to the property or improve- ments in such vicinity and zone in which the property is located. 3. The granting of such variance will not adversely affect the General Plan. 4. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones which would be denied to the property. Resolution No. 40 Page 2. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: (1) that the above recitations are true and correct and constitute the findings of the commission in this case; (2) that variance is granted subject to confirmation by the City Council to H. A. McCORMICK & LARRY LACKS. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: March 17, 1975 , by the BERKEY, MULLINS, SEIDLER, VAN DeMARK, WILSON WILLIAM SEIDLER, CHAIRMAN PAUL A. WILLIAMS, SECRETARY