HomeMy WebLinkAboutRes No 2487PLANNING COMMISSION RESOLUTION NO. 2487
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING A VARIANCE FOR AN
EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68,
SIGNS THAT WOULD PERMIT A THIRD MONUMENT SIGN FOR
CARL'S JR. LOCATED IN THE UNIVERSITY VILLAGE CENTER
LOCATED AT 36-879 COOK STREET.
CASE NO. VAR 08-304
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7tn day of October, 2008, hold a duly noticed public hearing to consider the request by Carl's
Jr., for the above noted variance; and
WHEREAS, said application is not a project under the California Environmental Quality
Act, and no further documentation is necessary; 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 request:
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.
Due to the property fronting on Gerald Ford Drive and the generous size of the
property there is no difficulty or physical hardship related to the property in
question.
B. 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 there are no extraordinary
circumstances or conditions applicable to this property.
C. 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.
No other variances have been approved for signage in the vicinity. The
applicant is not deprived of any privileges that others enjoy in the same area.
PLANNING COMMISSION RESOLUTION NO. 2487
D. 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 proposed sign would not be detrimental to public health, safety or welfare,
or materially injurious to the 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 Variance 08-304 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 7th day of October, 2008, by the following vote, to wit:
AYES: CAMPBELL, CAMPBELL, SCHMIDT, TANNER
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
ATTEST:
TONY BAGATO, cting Secretary
Palm Desert Planning Commission
ANNER, Chairperson
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