HomeMy WebLinkAboutRes No 1761PLANNING COMMISSION RESOLUTION NO. 1761
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
VARIANCE TO SECTION 25.56.280 (C) OF THE MUNICIPAL
CODE, SPECIFICALLY TO ALLOW THE CONSTRUCTION OF A
DETACHED ACCESSORY STRUCTURE (GARAGE) WITHIN THE
REQUIRED 10 FOOT MINIMUM DISTANCE FROM ANY MAIN
STRUCTURE AT 74060 SAN MARINO CIRCLE.
CASE NO. VAR 96-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 3rd day of September, 1996, hold a duly noticed
public hearing to consider the request of Jerome Beauvais of the above
stated; 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 granting approval of said variance:
FINDINGS FOR VARIANCE TO SECTIONS 25.56.280 AND 25.56.190
1. The strict or literal interpretation and enforcement of the
specified regulation would result in a particular difficulty
and unnecessary physical hardship inconsistent with the
objectives of the Zoning Ordinance.
• The site currently does not have a garage and is required to
have one in order to meet the parking requirements for
single-family dwellings in Section 25.58.300 of the Zoning
Ordinance.
2. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or that do not
apply generally to other properties of the same vicinity.
• The subject property is located in an area which typically
has rectangular shaped lots. The lot's irregular
configuration poses an extraordinary circumstance which
generally does not apply to other properties of the same
zone.
3. 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.
• The property currently does not have a garage and a place to
park a vehicle off-street. Properties is the adjacent
PLANNING COMMISSION RESOLUTION NO. 1761
vicinity are all required to have a garage or two off-street
parking spaces.
4. That the granting of the variance will not be detrimental to
the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
• The proposal has been designed 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.
Staff concurs with the above findings.
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 96-6 is hereby granted for reasons
subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 3rd day of September, 1996,
by the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, BEATY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE Ti2,4 ^ +
PAUL R. BEATY, Chai person
ATTEST:
PHILIP DREM , ecretary
Palm Desert
Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 1761
CONDITIONS OF APPROVAL
CASE NO. VAR 96-6
Department of Community Development:
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. 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.
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