HomeMy WebLinkAboutRes No 1756PLANNING COMMISSION RESOLUTION NO. 1756
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
VARIANCE TO SECTION 25.56.280 OF THE MUNICIPAL
CODE SPECIFICALLY TO ALLOW THE CONSTRUCTION OF A
DETACHED ACCESSORY STRUCTURE (GAZEBO) WITHIN AN
ENCLOSED FRONT YARD AT 48-101 SILVER SPUR TRAIL.
CASE NO. VAR 96-5
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 6th day of August, 1996, hold a duly noticed
public hearing to consider the request of George G. Pirker for approval
of a variance to Section 25.56.280 of the municipal code specifically
to allow the construction of a detached accessory structure (gazebo)
within an enclosed front yard at 48-101 Silver Spur Trail; 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 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 to exist to justify approval of said variance:
1. The lot's irregular shape (triangular) prevents the siting of
a gazebo in the rear yard, which poses a particular
difficulty and unnecessary physical hardship inconsistent
with the objectives of the Zoning Ordinance.
2. The subject property is located in an area which typically
has rectangular shaped lots. The lot's irregular triangle
shape and house siting has dictated the development of the
site. Thus the only logical location for the proposed gazebo
is in the front yard adjacent to the pool. The lot's
irregular shape poses an extraordinary circumstance which
generally does not apply to other properties of the same
zone.
3. Properties in the adjacent area typically allow for the
construction and placement of rear yard uses such as pools
and accessory structures. Being that the rear yard of the
property is located in the front portion of the site adjacent
to Silver Spur Trail, the lot's shape prevents the placement
of any accessory structures in the rear yard area. In this
instance the strict or literal interpretation and enforcement
of the specified regulation would deprive the applicant of
the privileges enjoyed by the owners of other properties in
the same vicinity and zone.
PLANNING COMMISSION RESOLUTION NO. 1756
4. The proposal has been professionally designed and engineered
to be compatible and consistent with the surrounding
neighborhood and existing home. The proposal is a low
profile structure which will not be highly visible from
adjacent properties. Furthermore, the proposal has received
approval from the Silver Spur Ranchers' Association. The
granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to the
properties in the same 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 96-5 is hereby granted, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 6th day of August, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, BEATY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP D LL, 5ecretary`,.__.'
Palm Desert Planning Commission
'-');;2cll[
PAUL R. BEATY, Chairper n
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PLANNING COMMISSION RESOLUTION NO. 1756
CONDITIONS OF APPROVAL
CASE NO. VAR 96-5
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the department of community
development/planning, as modified by the following conditions.
2. 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.
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. The detached accessory structure shall have a minimum 5 foot
setback from any property line and shall not exceed 12 feet in
height.
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