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HomeMy WebLinkAboutRes No 1684PLANNING COMMISSION RESOLUTION NO. 1684 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED STREET SIDE YARD SETBACK FROM TEN FEET TO FIVE FEET FOR THE R-1 ZONED PROPERTY LOCATED AT 44-625 SAN CLEMENTE CIRCLE. CASE NO. VAR 95-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March, 1995, hold a duly noticed public hearing to consider the request of TERRY ROSS for the above noted variance request for property more particularly described as: APN 627-061-028 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 5 categorical exemption for the purposes of CEQA; 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 (more fully described in the staff report dated March 7, 1995) to exist to justify granting approval of said variance: 1. Enforcement of the required side yard setback would not allow the remodel and construction of a dwelling unit as proposed. 2. This property is a corner lot with San Marcos Avenue extending along its south boundary. San Marcos Avenue dead - ends 132 feet north of San Clemente Circle. The property to the north of the end of San Marcos Avenue is developed with the Hacienda de Monterey retirement community. San Marcos Avenue is not planned to extend north of its present limit. San Marcos Avenue at some point in the future may be vacated back to the two adjacent single family lots. This would increase the lot width by 30 feet. It is also possible that the city could sell off the 60 foot by 132 foot street right-of-way as a single family lot. If this was the case then only a five foot side yard setback would be required. 3. New residences have been constructed on several lots in the area. Due to the small size of the lot and the fact that the lot is a corner lot which has a larger street side yard setback requirement this lot would be precluded from having a new residence constructed on it. PLANNING COMMISSION RESOLUTION NO. 1684 4. Granting 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 approval of VAR 95-1 is hereby granted. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of March, 1995, by the following vote, to wit: AYES: JOHATHAN, BEATY, CAMPBELL, FERNANDEZ, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTES • SABBY JONPITHAN, 1 Chairperson RAMON A. DIAZ, Sec ary Palm Desert Planni g Commission 2