HomeMy WebLinkAboutRes No 384PLANNING COMMISSION RESOLUTION N0. 384
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND-
INGS AND DENYING WITHOUT PREJUDICE A VARIANCE FROM
SEC .25.58.310(A) OF THE PALM DESERT MUNICIPAL CODE TO
PERMIT A REQUEST FOR PARKING SPACES WOM THE RH UIRED 2
SPACES TO 0 SPACES FOR A PROPOSED COMMERCIAL PRO-
JECT TO BE LOCATED ON THE NORTH SIDE OF EL PASEO,
EAST OF PORTOLA.
CASE NO. VAR 04-78
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
hold a duly noticed Public Hearing.to consider the application of CLIFFORD W. BENDERSON,
requesting approval of a Variance from Sec. 25.58.310(A) of the Palm
Desert Municipal Code in order to permit a reduction of parking spaces
from the required 2 spaces to 0 spaces for a proposed commercial project
to be located on the north side of El Paseo, east of Portola, and more
particularly described as:
APN 625-111-017
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Environmental Quality Procedure Resolution No.
78-32," 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 the following
facts and reasons to exist to justify the denial of said Variance:
1. There are not exceptional circumstances applicable on the
property involved that do not apply generally to other pro-
perties in the same zone in that a smaller building would
permit parking to be provided on property.
2. Strict or literal interpretation and enforcement of the
specified regulation combined with a reduction in the size
ofAhe proposed commercial structure would allow the appli-
cant the same privileges enjoyed by owners of other properties
in the same vicinity and zone.
3. Strict or literal interpretation and enforcement of the
specified regulation combined with a reduction in the size
of the proposed commercial structure would not result in
practical difficulty inconsistent with the objectives of
the Ordinance.
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 consti-
tute the findings of the Commission in this case;
2. That Variance VAR 04-78 applied for by CLIFFORD W. HENDERSON
is hereby denied without prejudice.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City
of Palm Desert Planning Commission held on thisl9th day of July, 1978,
by the following vote, to wit:
AYES: FLESHMAN, KELLY, BERKEY
NOES: NONE
ABSENT: KRYDER, SNYDER
ABSTAIN: NONE
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PAUL A. WILLIAMS, Secretary
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