HomeMy WebLinkAboutRes No 769PLANNING COMMISSION RESOLUTION NO. 769
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
ANNOUNCING FINDINGS AND DENYING A VARIANCE
FROM MINIMUM DWELLING UNIT SIZE FOR
MULTIFAMILY DWELLINGS FOR A PROPOSED 10 UNIT
APARTMENT IN THE R-3 (3) ZONE ON .73 GROSS ACRES
LOCATED AT THE NORTHWEST CORNER OF SHADOW
HILLS ROAD AND DRIFTWOOD DRIVE.
CASE NO. VAR 04-81
WHEREAS, the Planning Commission of the City of Palm Desert, did hold a duly
noticed public hearing on the 5th day of January, 1982, to consider the application of CGO
ENTERPRISES for approval of a Variance from minimum dwelling unit size for
multifamily dwellings for a proposed 10 unit apartment in the R-3 (3) zone on .73 gross
acres located at the northwest corner of Shadow Hills Road and Driftwood Drive, more
particularly described as:
APNs 625-162-024 through 027
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 will not have a significant impact on the environment and a Negative
Declaration of Environmental Impact has been prepared.
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 variances are restricted to physical hardships befalling landowner
due to size, shape or topography of the property and not to physical befalling
tenants.
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 developed under city
regulations comply with the minimum dwelling unit size requirements.
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 impede the
efforts of the City of Palm Desert to provide adequate living areas for its citizens.
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;
PLANNING COMMISSION RESOLUTION NO. 769
2. That the Planning Commission does hereby deny Variance 04-81.
PASSED, APPROVED and ADOPTED at a regular meeting of the City of Palm
Desert Planning Commission held on this 5th day of January, 1982, by the following vote,
to wit:
AYES: CRITES, MILLER, WOOD, KRYDER
NOES: RICHARDS
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
ON A. DIAt", Secretary
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GEOD. KRYDEF hairman