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HomeMy WebLinkAboutRes No 2274PLANNING COMMISSION RESOLUTION NO. 2274 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A VARIANCE TO SECTION 25.16.090.0 OF THE ZONING ORDINANCE TO ALLOW A REDUCTION IN THE FRONT YARD SETBACK FOR A CARPORT FROM 20 FEET TO 17 FEET, MEASURED FROM FRONT OF CARPORT TO PORTOLA AVENUE CURB FACE TO PROVIDE COVERED PARKING FOR A HOME CONSTRUCTED IN 1957 AT 45-807 PORTOLA AVENUE. CASE NO. VAR 04-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of May, 2004, hold a duly noticed public hearing to consider the request of SUZANNE LOPEZ 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 3 (New Construction or Conversion of Small Structures) 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 (ZONING ORDINANCE 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. • The strict or literal interpretation and enforcement of the 20' front yard setback for a carport would result in the practical difficulty and unnecessary physical hardship of being able to provide only very limited shaded area for vehicles since the carport's depth would have to be reduced from the proposed 13' to 10'. • Moving the carport into the rear yard to achieve a 20' setback from curb face would involve the unnecessary physical hardship of having to relocate an existing 6' high wood fence and a metal storage shed, removing a portion of the rear yard's irrigation system, and re -grading the rear yard to accommodate a 3' extension of the existing driveway into the rear yard. PLANNING COMMISSION RESOLUTION NO. 2274 • The Zoning Ordinance requires a 20' setback for carports to create enough driveway depth to allow the parking of vehicles in front of a 20' deep carport. The existing 30' deep paved parking spaces are not deep enough to accommodate the parking of two vehicles one behind the other, regardless of whether or not there is a carport constructed. 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 site currently does not have a legally constructed garage or carport and therefore does not meet the off-street parking requirement to provide two covered spaces for single-family dwellings (reference Section 25.58.300 of the Zoning Ordinance). • The property's 86' depth does not meet the 100' minimum lot depth required by the R-2 zone because the widening of Portola Avenue reduced the lot's original 100' depth by 14' and also reduced the depth of the two paved parking spaces from 44' to 30'. The property's rear yard has a grade elevation that is approximately 3' higher than the existing driveway. These extraordinary and unique conditions do not generally apply to other R-2 zoned properties in the City, and therefore create a hardship that make it difficult to construct a carport with a 20' setback from curb face. 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 property was developed in 1957 to County of Riverside development standards without covered parking and the lot depth was later reduced from 100' to 86' to accommodate the widening of Portola Avenue. A carport is desired to shade two uncovered parking spaces. The two nearest R-2 zoned properties to the north have garages with non -conforming front yard setbacks of approximately 17'. Therefore, the strict or literal interpretation and enforcement of the 20' setback for a carport would deprive the applicant of covered parking privileges enjoyed by owners of other properties in the same vicinity and zone. 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 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 because providing covered parking will be an upgrade to the midi property because it was developed in 1957 without covered parking. 2 PLANNING COMMISSION RESOLUTION NO. 2274 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of II"' 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 Variance 04-01 is hereby approved, 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 June, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SABBATHAN, Chairperson ATTEST: PHILIP DRELL Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. 2274 CONDITIONS OF APPROVAL CASE NO. VAR 04-01 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. Prior to the issuance of a building permit for a carport, the applicant shall submit scaled site plan and elevation drawings of a new carport design to the Planning Department for review and approval by the Architectural Review Commission. 5. The architectural design of a carport or garage shall be reviewed and approved by the Planning Commission. // 4