HomeMy WebLinkAboutRes No 2395PLANNING COMMISSION RESOLUTION NO.2395
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA APPROVING A
VARIANCE TO SECTION 25.16.070.E OF THE ZONING
... ORDINANCE TO ALLOW A REDUCTION OF THE R-1-20000
ZONE SIDE YARD SETBACKS FROM FIFTEEN FEET TO EIGHT
FEET ON TWO SIDE YARDS TO ALLOW AN ADDITION AND
REMODEL OF A ONE-STORY SINGLE-FAMILY HOME ON A 75-
FOOT WIDE, 10,142 SQUARE FOOT LOT LOCATED AT 45-644
VERBA SANTA DRIVE.
CASE NO. VAR 06-02
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of May, 2006, hold a duly noticed public hearing to consider the request of William
Hanousek Sr. 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 1 (Existing Facilities) 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.
Given that the 75-foot wide lot does not meet the R-1-20000 zone's 90-foot
minimum width and 20,000 square foot minimum size, requiring the property
owner to comply with 15-foot side yards (30 feet combined) would create a
practical difficulty and unnecessary physical hardship that would preclude the
proposed remodeling and expansion of an older home that is in a deteriorated
condition. This would be contrary to the Zoning Ordinance's intent of protecting,
promoting, and enhancing the public health, safety, and general welfare.
2. 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 circumstances exist that generally do not apply to other properties
zoned R-1-20000. The parcel's 75-foot lot width and 10,142 square foot size do
not meet the 90 foot minimum width and 20,000 square foot minimum size
required by the R-1-20000 zone, the lot is already developed with 8-foot side
yard setbacks, and requiring the proposed expansion to comply with 15-foot side
yard setbacks would render 40% of the lot's 75-foot width unbuildable.
PLANNING COMMISSION RESOLUTION NO. 2395
3. 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 enforcement of the R-1-20000 zone's 15-foot side yard setbacks
would deny the property owner of privileges enjoyed by other property owners
on Verba Santa Drive that also have lot widths less than 90 feet (8 lots), lot
sizes less than 20,000 square feet (8 lots), and side yard setbacks less than 15
feet (11 lots). The project site has combined side yards of 16 feet and five other
lots in the neighborhood have combined side yards of less than 16 feet (i.e. one
lot with 5' and 5', two lots with 5' and 6', one lot with 5' and 7', and one lot with
6' and 8').
4. 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.
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.
The remodel will substantially rehabilitate an older home that is in a
deteriorated condition.
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 06-02 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 16th day of May, 2006, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE /
ABSTAIN: NONE
r-
J . K. LOP airperson
PHILIP DREL, Secretary
Paim Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2395
CONDITIONS OF APPROVAL
CASE NO. VAR 06-02
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.
//
3