HomeMy WebLinkAboutRes No 1534PLANNING COMMISSION RESOLUTION NO. 1534
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A THREE FOOT
FRONT SETBACK VARIANCE FOR A COMMERCIAL BUILDING
WITHIN THE C-1 ZONE AT 73-811 EL PASEO.
CASE NO. VAR 91-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1991, hold a duly noticed
public hearing to consider the request of FOXX DEVELOPMENT CORP., for
approval of a three foot setback variance to allow a storefront entrance
and display windows to be brought down to sidewalk level at 73-811 El
Paseo; and
WHEREAS, said application 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 community development has determined that the project is a class 3
categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said planning commission did find the following facts and
reasons to exist to justify granting approval of said setback variance:
1. The strict or literal interpretation of the setback results
in practical difficulties and unnecessary physical hardship
inconsistent with the objectives of the ordinance. The
elimination of the elevated grade will actually widen the
functional setback area.
2. The elevated storefront grade is an exceptional condition
which does not apply generally to properties in the zone.
3. The strict or literal interpretation of the setback
requirement would deprive the applicant of sidewalk grade
access enjoyed by other properties in the vicinity and zone.
4. By improving access and widening the sidewalk, 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.
2. That VAR 91-3 is hereby approved subject to conditions.
PLANNING COMMISSION RESOLUTION NO. 1534
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1991,
by the following vote, to wit:
AYES: DOWNS, RICHARDS, WHITLOCK
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTES
RAMON A. DIAZ, Secary
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CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1534
CONDITIONS OF APPROVAL
CASE NO. VAR 91-3
Department of Community Development/Planning:
1. The development of the property shall conform substantially with
exhibits on file with the department of community development, as
modified by the following conditions.
2. Prior to the issuance of a building permit for construction of any
uses contemplated by this approval, the applicant shall first
complete all the procedural requirements of the city which include,
but are not limited to, architectural commission and building
permit procedures.
3. 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.
4. That prior to issuance of building permit the owner (developer)
provide the city with evidence that he has paid the required school
mitigation fee.
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