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HomeMy WebLinkAboutRes No 1235PLANNING COMMISSION RESOLUTION NO. 1235 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 20 FEET TO 8 FEET FOR THE R-1 10,000 ZONED PROPERTY LOCATED AT 47-817 SUN CORRAL. CASE NO. VAR 87-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of July, 1987, hold a duly noticed public hearing to consider the request of RALPH SANTO PIETRO for above noted variance request for property, more particularly described as: APN 630-241-016 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 community development has determined that the project is a Class 5 categorical exemption for the purposes of CEQA; and 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 (more fully described in the staff report dated July 7, 1987) to exist to justify the approval of said variance: 1. The practical difficulties or unnecessary physical hardships inconsistent with the objectives of this ordinance that would result if the variance is not granted was not established to the satisfaction of the commission. 2. The exceptional or extraordinary circumstances or conditions that apply to the property that do not apply generally to other properties in the same zone was not established to the satisfaction of the commission. 3. The finding that 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 vicinity and zone was not established to the satisfaction of the commission. 4. The granting of the variance will not be detrimental to the public health, safety or welfare or be materially injurious to properties or 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. PLANNING COMMISSION RESOLUTION NO. 1235 2. That approval of VAR 87-1 is hereby granted. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of July, 1987 by the following vote, to wit: AYES: LADLOW, RICHARDS, WHITLOCK, AND ERWOOD NOES: NONE ABSENT: DOWNS ABSTAIN: NONE ATTEST: RAMON A. DIAZ, Secre /hs 12ICHARD ERWOOD, Chairman 2 PLANNING COMMISSION RESOLUTION NO. 1235 CONDITIONS OF APPROVAL CASE NO. VAR 87-1 Planning Commission: 1. Height and placement of northerly perimeter wall to be located and of such material as determined by staff in consultation with the applicant and property owner to the north (Harriette Witmer). 2. Type and location of windows on the north to be approved by staff. /hs 3