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HomeMy WebLinkAboutRes No 1043PLANNING COMMISSION RESOLUTION NO. 1043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A VARIANCE TO PERMIT A WALL FOR A SINGLE FAMILY LOT IN THE R-1 10,000 ZONE, LOCATED AT 45- 800 DEEP CANYON ROAD. CASE NO. VAR 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 14th day of May, 1985, hold a duly noticed public hearing to consider the request of SANDY BAUM for approval of a variance to permit a six foot high wall within the angle of visibility (where construction is prohibited) at the southeast corner of Yucca Tree Drive and Deep Canyon Road in the R-1 10,000 zone, more particularly described as: 45-800 Deep Canyon Road WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a Class 1 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said variance: 1. There are practical difficulties or unnecessary physical hardships inconsistent with the objectives of this ordinance that would result if the variance is not granted. 2. There are exceptional or extraordinary circumstances or conditions that apply to the property that do not apply generally to other properties in the same zone. 3. The strict or literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same vicnity and zone. 4. The granting of this variance would not be detrimental to the public health, safety, and welfare of properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of VAR 85-1 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 14th day of May, 1985, by the following vote, to wit: AYES: ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: DOWNS ABSTAIN: NONE ATTEST: RAMON A. DIAZ, S /tm -1- PLANNING COMMISSION RESOLUTION NO. 1043 CONDITIONS OF APPROVAL Case No. VAR 85-1 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void, and of no effect whatsoever. 4. Planting and other obstructions at intersection of Yucca Tree Drive and Deep Canyon Road outside wall within "triangle of visibility" shall be kept at a maximum three feet high. -2-