HomeMy WebLinkAboutRes No 337PLANNING COMMISSION RESOLUTION NO. 337
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND-
INGS AND GRANTING A VARIANCE TO ALLOW A 10' - 6
SOUTH SIDEYARD SETBACK AND A 13' NORTH SIDE YARD
SETBACK WHERE 15' SETBACKS ARE REQUIRED ON PRO-
PERTY GENERALLY LOCATED ON THE EAST SIDE OF VERBA
SANTA, AND SOUTH OF TUMBLEWEED.
CASE NO. VAR 02-78
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did receive a verified application from FRANCISCO J.
URRUTIA, requesting approval of a variance to allow a 10' 6 south
sideyard setback and a 13' north sideyard setback where 15' setbacks
are required by Sec. 25.16.070 of the Palm Desert Municipal Code on
property located in the R-1 20,000 zone and situated on the east side
of Verba Santa, south of Tumbleweed, and more particularly described
as:
APN 627-293-004-1
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Environmental Quality Procedure Resolution No.
77-7", in that the Director of Environmental Services has determined
that the project is exempt from the requirements of CEQA as a categorical
exemption pursuant to Section 5 and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, the Planning Commission did find that the
following facts and reasons to exist to justify the granting of said
Variance:
1. Strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty inconsistent
with the objectives of the Ordinance as the location of the existing
swimming pool would not permit construction of the addition.
2. There are exceptional circumstances applicable to the pro-
perty involved that do not apply generally to other properties in the
same zone as the existing residence is already situated at the reduced
setback.
3. Strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed
by the owners of other properties in the same vicinity and zone as set-
backs in the general vicinity are in many instances the same as the
applicant's request on smaller lots.
4. The granting of the variance will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity as setbacks in the general vicinity are
in many instances the same as the applicant's request on smaller lots.
5. The applicant's request conforms with the C.C.&R's of the
Palm Desert Property Owners' Association.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, as follows:
1. That the above reciations are true and correct and consti-
tute the findings of the commission in this case;
PLANNING COMMISSION
RESOLUTION NO. 337 Page Two
2. That variance VAR 02-78 is hereby granted to FRANCISCO J.
URRUTIA to reduce the subject sideyard setbacks.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City
of Palm Desert Planning Commission held on this 28th day of February,
1978, by the following vote, to wit:
AYES: BERKEY, KELLY, READING, SNYDER
NOES: NONE
ABSENT: KRYDER
ABSTAIN: NONE
GEORGE BERKEY, Chairman
ATTEST:
PAUL A. WILLIAMS, Secretary
/ks