HomeMy WebLinkAboutRes No 170PLANNING COMMISSION RESOLUTION NO. 170
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND DENYING A VARIANCE
FROM SECTION 25.31-4 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW
THE CONSTRUCTION OF TWO (2) TWO-STORY APARTMENT BUILDINGS IN THE
R-3 S.P. ZONE DISTRICT ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF PORTOLA AVENUE, SOUTH OF FLAGSTONE LANE.
WHEREAS, pursuant to the provisions of Section 25.31-4 of the Palm Desert
Municipal Code, the Planning Commission did on August 31, 1976, hold a duly
noticed Public Hearing to consider the application of F.S. & L. INDUSTRIES for
a Variance to allow for the construction of two (2) two-story apartment buildings
on property located in the R-3, S.P. Zone District, and situated at the southwest
corner of Portola Avenue and Flagstone Lane, and more particularly described as
LOTS 16 & 17, SHADOW MOUNTAIN
GOLF CLUB ESTATES, UNIT NO. 1
WHEREAS, a negative declaration has been filed and the project has met
the requirements of the "Palm Desert Environmental Quality Procedure Resolution
Number 74-14", and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, the Planning Commission did find that the
following facts and reasons exist to justify the denying of said Variance:
1) Strict enforcement of this Section of the Ordinance would not result
in difficulty and hardship to the owner of the property.
2) Circumstances exist on these parcels that do apply to other
property in the area.
3) Strict enforcement of this Section of the Ordinance would not
deprive the applicant of his privilege of developing his property in the
same manner in which other similar properties have been developed.
4) The granting of this Variance would be detrimental to the public
health, safety, or welfare; or materially injurious to properties and improve-
ments in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
Planning Commission Resolution No. 170
1) that the above recitations are true and correct and constitute
the findings of the Commission in this case;
2) that a Variance is denied.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of Palm
Desert Planning Commission held on August 31, 1976, by the following vote; to
wit:
AYES: KELLY, VAN DE MARK, WILSON
NOES: MILLS
ABSENT: NONE
ABSTAIN: BERKEY
ATTEST:
N\
PAUL A. WILLIAMS, SECRETARY
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