HomeMy WebLinkAboutRes No 2158PLANNING COMMISSION RESOLUTION NO. 2158
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
VARIANCE TO SECTION 25.16.050.E TO REDUCE THE
MINIMUM SIDE YARD SETBACK FROM NINE (9) FEET TO FIVE
(5) FEET TO ALLOW THE EXPANSION AND REMODELING OF
AN EXISTING HOME CONSTRUCTED IN 1961 LOCATED AT 42-
975 TEXAS AVENUE.
CASE NO. VAR 02-01
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of October, 2002, hold a duly noticed public hearing to consider the request of Thomas
G. Brogan 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. 02-60," 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 (SECTION 25.16.050):
A. That the 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 ordinance codified in this title.
• If the variance were not granted, the resulting practical difficulty and
unnecessary physical hardship would be to preclude the proposed
expansion and remodeling of the existing kitchen and living room to a more
practical, less cramp, and less restrictive floor plan which would include the
creation of a dining room where one does not now exist. . Although the
subject property is zoned R-1-9000, the subject property only contains
6,000 square feet (60' wide, 100' deep). Thus, the smaller lot size of the
subject property does a practical difficulty and physical hardship to applicant
being able to accomplish the proposed addition and remodeling unless a
variance is granted to reduce a required minimum 9-foot side yard setback
to five feet. Section 25.16.010 (Purpose) of the R-1 is "to encourage the
preservation of residential neighborhoods characterized by single family -
buildings on medium sized lots...". Given that the Palm Desert Country
Club area is over 30 years old and some older homes in the neighborhood
are in need of rehabilitation, the applicant's proposed expansion and
remodeling would be consistent with and would fulfill the Zoning Ordinance
mandate for the R-1 zone to encourage the preservation of neighborhoods
PLANNING COMMISSION RESOLUTION NO. 2158
and rehabilitation of older homes. Approval of the variance to allow the
proposed expansion and remodeling would be a positive action that could
encourage other property owners in the vicinity to rehabilitate their
properties as well. The area of the subject property where the applicant is
requesting the side yard setback variance, approximately half (26 feet) of
the 45'-8" length of the existing home's north exterior walls already have a
five foot side yard setback.
B. 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.
• The subject property is a 6,000 square foot lot compared to most other
single family residential lots in the City, which have a minimum size of 8,000
square feet and for which the R-1 zone development standards were
written. In addition, the applicant's home and many other similar older
homes on similar size lots in Palm Desert Country Club were constructed
under Riverside County Zoning Ordinance development standards prior to
incorporation of the City of Palm Desert which resulted in the construction of
homes which now exist with five foot side yard setbacks on both side yards.
C. 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.
• The strict or literal interpretation and enforcement of the specified side yard
setback would deprive the applicant of the ability to expand the living area of
the existing home, modernize the kitchen, and add a dining room. The
applicant's home and many other similar older homes on similar size lots in
Palm Desert Country Club were constructed under Riverside County Zoning
Ordinance development standards which resulted in the construction of homes
which now exist with five foot side yard setbacks on both side yards.
D. 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.
• The proposed expansion and remodeling would enhance and improve
the value and aesthetics of homes in his neighborhood. The existing
house to the north of the side yard that is the subject of this variance is
currently a rental property, has an existing five foot side yard setback, and
the adjacent wall of that house has no windows facing south toward the
applicant's property. Furthermore, the majority of the north side walls of
the applicant's home already have a five-foot side yard setback.
Therefore, proposed expansion does not introduce a completely new side
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PLANNING COMMISSION RESOLUTION NO. 2158
yard setback to the owner of the neighboring property to the north. Thus,
the granting of the variance 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, Califomia, 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 02-01 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 1st day of October, 2002, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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PHILIP DRELL, S cretary
Palm Desert Planning Commission
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CINDY F INER*, Chairperson J
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PLANNING COMMISSION RESOLUTION NO. 2158
CONDITIONS OF APPROVAL
CASE NO. VAR 02-01
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.
4. The applicant shall paint the existing roof -mounted air conditioner with a paint color that
matches the roof of the house in order to make the equipment appear to blend in with
the roof and therefore be Tess visibly conspicuous.
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