HomeMy WebLinkAboutRes No 2335PLANNING COMMISSION RESOLUTION NO. 2335
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA DENYING A VARIANCE
TO ALLOW A FREESTANDING PATIO COVER 13' X 29', 12' IN
HEIGHT SETBACK 3'2" FROM PROPERTY LINE. THE SUBJECT
PROPERTY IS LOCATED AT 74-431 DE ANZA WAY.
CASE NO. VAR 05-02
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of June, 2005, hold a duly noticed public hearing to consider the request of Abbass
and Judith Kamouie for the above stated; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution
No. 04-106" in that the Director of Community Development has determined that the project is
a Class 3 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 denial of said variance:
FINDINGS FOR VARIANCE (ZONING ORDINANCE SECTION 25.16.050):
1. 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.
There is no difficulty or physical hardship related to the property in question.
2. 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 property is not of a highly irregular shape, and is very large compared to
the minimum lot size for the zone. There are no extraordinary circumstances or
conditions applicable to this property.
3. That strict or literal interpretations 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.
All other properties in the same area/zone all have the same restrictions for
patio/detached accessory buildings. The applicant is not deprived of any
privileges that others enjoy in the same area.
PLANNING COMMISSION RESOLUTION NO. 2335
4. That the granting of the variance or adjustment will not be detrimental to public
health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The patio cover is injurious to adjoining properties, as they are now looking
directly at a structure that has been built in a required rear yard.
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 Variance No. 05-02 be denied for the above noted reasons.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL Secretary
Palm Desert Planning Commission
DAVID E. TSCHOPP, Chairper•on
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