HomeMy WebLinkAboutRes No 2406PLANNING COMMISSION RESOLUTION NO. 2406
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 AN R-1-13000
ZONE SIDE YARD SETBACK FROM 12 FEET TO 4'-3" TO
ALLOW CONSTRUCTION OF A CARPORT ON AN
IRREGULARLY SHAPED 7,889 SQUARE FOOT LOT LOCATED
AT 74-251 DE ANZA WAY
CASE NO. VAR 06-04
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
18th day of July, 2006, hold a duly noticed public hearing to consider the request of Anne
Salemo 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. 06-78" 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 7,789 square foot cone -shaped lot, with a 78'-6" width at the
proposed carport, does not meet the R-1-13000 zone's 90-foot minimum width
and 13,000 square foot minimum size, requiring the property owner to comply
with a 12-foot side yard setback would prevent construction of the proposed two -
car carport. This would create a practical difficulty and unnecessary physical
hardship that would preclude creating two covered parking spaces as required
for single-family homes by the zoning ordinance. 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-1-13000. The 7,789 square foot irregularly shaped parcel has a width
of only 78'-6" at the proposed carport and does not meet the 13,000 square
foot minimum size and 90-foot minimum width required by the R-1-13000 zone.
The lot is already developed with 5-foot and 6-foot side yard setbacks. These
PUNNING COMMISSION RESOLUTION NO. 2406
exceptional circumstances make it unfeasible to construct a two -car carport with
a 12-foot side yard.
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-1-13000 zone's 20-foot side yard setbacks
would deny the applicant of covered parking privileges enjoyed by other
property owners on De Anza Way that also have lot widths less than 90 feet (4
lots), lot sizes less than 13,000 square feet (5 lots), and at least one side yard
with less than 8 feet (4 lots).
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 proposed two -car carport and new paverstone driveway will improve the
appearance of an older property and bring the site into compliance with the
zoning ordinance requirement that each single family home provide two
covered parking spaces.
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 06-04 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 18th day of July, 2006, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(9
PHILIP DREL Secretary
Palm Desert anning Commission
JA K. 0 E , irperson
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PLANNING COMMISSION RESOLUTION NO. 2406
CONDITIONS OF APPROVAL
CASE NO. VAR 06-04
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.
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