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HomeMy WebLinkAboutRes No 1743PLANNING COMMISSION RESOLUTION NO. 1743 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SIDE YARD SETBACK VARIANCE FROM EIGHT FEET TO FIVE FEET FOR A PROPOSED GARAGE AT 73-535 SILVER MOON TRAIL. CASE NO. VAR 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of May, 1996, hold a duly noticed public hearing to consider the request of MATS HEDBERG for project described above; 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. 95-105," 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 variance: 1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. 4. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or 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 Variance No. 96-2 is hereby granted. PLANNING COMMISSION RESOLUTION NO. 1743 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of May, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PAUL R. BEATY, Chairp rson PHILIP DRETL, tecretary Palm Deser Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1743 CONDITIONS OF APPROVAL CASE NO. VAR 96-2 Department of Community Development: 1. Garage shall not be used for commercial purposes.