HomeMy WebLinkAboutRes No 2375PLANNING COMMISSION RESOLUTION NO. 2375
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA APPROVING A
VARIANCE TO SECTION 25.16.060.E OF THE ZONING
ORDINANCE TO ALLOW A REDUCTION OF THE R-1-13000
ZONE SIDE YARD SETBACKS FROM TWELVE FEET TO FIVE
FEET AND FROM EIGHT FEET TO FIVE FEET FOR
CONSTRUCTION OF A ONE-STORY SINGLE-FAMILY HOME
ON A 52.5-FOOT WIDE VACANT LOT LOCATED AT 44-835
SANTA YNEZ AVENUE.
CASE NO. VAR 05-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of February, 2006, hold a duly noticed public hearing to consider the request of
Selivestr Savarovsky of 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. 05-52" 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 APPROVAL OF A VARIANCE:
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.
The resulting practical difficulty and unnecessary physical hardship would
severely constrain the development of a single family home and second unit
with practical floor plans as proposed. If the variance is not approved, the
applicant would have to redesign the proposed home to reduce the width from
42'-3" to 32'-3" to comply with the R-1-13000 side yard setbacks. Most existing
homes in the neighborhood have widths greater than 32'-3".
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.
Exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to other properties in the City that
are zoned R-1-13000 are as follows: (a) this property was subdivided prior to
the City of Palm Desert's incorporation in 1973 and (b) the property is an
existing narrow lot with an average width of only 56'-3", which is considerably
Tess than the R-1-13000 zone's 90' minimum lot width. Therefore, these
PLANNING COMMISSION RESOLUTION NO. 2375
exceptional circumstances justify granting a variance to reduce the side yard
setbacks from twelve to five feet and from eight feet to five feet.
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 adjacent property to the north is zoned R-1-13000, has an average lot
width of only 56'-3" and has a one-story single family home built in 1961 with 5-
foot side yard setbacks. There are two other homes on Santa Ynez Avenue
north of the project site that were also built in the 1960's on Tots less than 90
feet wide and that have minimum side yards of 5 feet and 6 feet The strict
enforcement of the R-1-13000 zone's twenty foot combined side yard setbacks
would deprive the applicant of similar side yard setbacks enjoyed by some
property owners to the north. Therefore, based on these circumstances, the
strict or literal interpretation and enforcement of the R-1-13000 zone's twenty
foot combined side yard setbacks would deprive the applicant of privileges
enjoyed by the owners of other R-1-13000 zoned properties in the same
vicinity.
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 home will be one-story. The single-family home to the north and
the two apartment buildings to the south are also one-story. Two off-street Imo
parking spaces in a garage will be provided for the primary unit and one carport
space will be provided for the second unit. A 4-foot high block wall, 6-foot high
wood and chain link fencing exist along the project site's southerly, westerly
and northerly boundaries. 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, 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 Case No. VAR 05-03 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 7th day of February, 2006, by the following vote, to wit:
via
AYES: CAMPBELL, FINERTY, LOPEZ Iwo
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PLANNING COMMISSION RESOLUTION NO. 2375
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of February, 2006, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ
NOES: TANNER
ABSENT: TSCHOPP
ABSTAIN: NONE /
JAIV}�S LOPEZ, C erson
ATTEST:
i,
>�n
PHILIP DREL , Secretary
Palm Desert ' anning Commission
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PLANNING COMMISSION RESOLUTION NO. 2375
CONDITIONS OF APPROVAL
CASE NO. VAR 05-03
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. The
applicant shall construct a six-foot wide sidewalk along the property's frontage as shown
on the project site plan.
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 permits for the project, the applicant shall submit final
construction drawings of the remodeling of the home for review and approval by the
Architectural Review Commission. Front -yard landscaping and irrigation plans shall be
submitted concurrently with construction drawings.
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