HomeMy WebLinkAboutRes No 651PLANNING COMt1ISSION RESOLUTION NO. 651
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND DENY-
ING A VARIANCE TO ALLOW A DEVIATION FROM BUILDING HEIGHT
STANDARDS FOR A TWO STORY TRIPLEX ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF OCOTILLO DRIVE, 120 FEET
NORTH OF VERBA SANTA DRIVE.
CASE NO. VAR 08-80
WHEREAS, the Planning Commission of the City of Palm Desert, did hold
a duly noticed Public Hearing on the 30th. day of September and continued Public
Hearing on the 6th. day of November, 1980, to consider the application of BOB AND
GORDAi4A SIPOVAC for approval of a Variance from building height standards, to allow
the construction of a two story (18 feet maximum height) triplex adjacent to an
R-1 zone on property located in the R-3 20,000 (3) S.P. (Multi -family Residential
District, one unit per 20,000 sq. ft. of lot area, Scenic Preservation Overlay) zone,
on property located on the east side of Ocotillo Drive, 120 feet north of Verba
Santa Drive, and more particularly described as:
Lot 1, Block F-3, Palm Desert Unit #3
WHEREAS, said applicant has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California Environmental
Quality Act, Resolution No. 80-89", in that the Director of Environmental Services
has determined the proposed project is a class 3, categorical Exemption, and no
further documentation is deemed necessary.
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 denying of said variance:
1. There are no practical difficulties or unnecessary physical hardships
inconsistent with the objectives of this Ordinance that would result
if the Variance is not granted, in that residences and other amenities
can be provided in accordance with applicable Municipal Codes and
common standards.
2. There are no exceptional or extraordinary circumstances or conditions
that apply to the property that do not apply generally to other
properties in the same zone, in that the subject property is similar
in size and topography with other properties in the same zone.
3. The strict or literal interpretation and enforcement of the specified
regulation will not deprive the applicant of privileges enjoyed by
the owners of other properties in the same vicinity and zone, in that
other properties are also restricted to a one story height restriction.
4. The granting of this Variance would be detrimental to the public health,
safety and welfare of properties and improvements in the vicinity, in
that it would infringe on the privacy of adjacent properties, and ob-
struct their view of the adjacent horizon.
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 find-
ings of the commission in this case;
2. That the Planning Commission does hereby deny Variance 08-80.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm
PLANNING COMMISSION RESOLUTION NO. PAGE TWO
Desert Planning Commission held on this 5th day of November, 1980, by the follow-
ing vote, to wit:
AYES: BERKEY, KRYDER, MC LACHLAN, MILLER
NOES: RICHARDS
ABSENT: NONE
ABSTAIN: NONE
H
t_
CHARLES MILLER, Chairman
ATTEST:
M-01/\/\_.- LaAVO\
STAN B. SAWA, Acting Secretary