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HomeMy WebLinkAboutCC RES 83-052RESOLUTION N0. 83-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDIIVANCE N0. 221) AS PROUIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE N0. 230). WHEREAS, Chapter 23.12 of the Municipal Code of the City of Palm Desert makes provision that the City Council may consider variances to Title 28 if certain conditions are present; and WHEREAS, the owner of thirty-six residential lots on the southerly termini of Torrito Court and Wolfberry Court has applied for a variance to said Title, the property being more particularly described as: Tract 14082-3A, Lots 27-40 Tract 14082-2B, Lots 1-22 WHEREAS, it is determined that certain conditions are present; and WHEREAS, the City Council has made the following findings: (1) Compliance with Title 28 wauld cause the finished floor elevation of a new structure on said lot to be elevated two (2) or more feet above the finished floor of adjacent structures, net of the grade difference in the natural grade, and such condition would cause increased flooding of surrounding properties. (2) Failure to grant the variance would result in an exceptional hardship to the applicant. (3) Granting of a variance will not result in increased floor heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances. {4) The variance to be granted is the minimum necessary, considering the flood hazard, to afford relief. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: (1) That the above recitations are true and correct and constitute the finding of the Council. (2) That it does hereby approve the above described variance for the reasons set forth in this resolution. (3) That the approval is subject to substantial completion of the water carrying capability of the Palm Valley Channel including installation of debris basin and dam to deflect water into the Palm Ualley Channel. Said substantial completion shall be determined by the staff nf the Citv of Palm Desert. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 9th day of June, 1983, by the following vote, to wit: AYES: Jackson, Kelly, Puluqi, Snyder & 4lilson ATTEST: C NOES: None ABSENT: None ABSTAIN: None ;' ' ;�� R EO S. PULUQI, MAYOR t � � City�of Palm�De ert,vCalivt�nia