HomeMy WebLinkAboutRes No. 09-9 Case No. VAR 08-261 - Golf Cart ShedW A la
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RESOLUTION NO.
`A,f3:yti::•;' TO N FAMNS
A RESOLUTION OF THE CITY COUNCIL oF THE CITY OF' PALM —
DESERT, CALIFORNIA, DENYING, A VARIANCE TO CONSTRUCT A
GOLF CART SHED WITHIN THE REQUIRED FIVE FOOT SIDE YARD
SETBACK LOCATED ON PROPERTY LINE AT 46-020 BURROWEED
LANE.
CASE NO. VAR 08-261
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd
day of January 2009, hold a duly noticed public hearing to consider the request by
Michael & Mariane Toia, for the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18th day of November 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2492 denied Case No. VAR 08-261; 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 City Council
did find the following facts and reasons to exist to justify denial of said request:
FINDINGS FOR DENIAL OF A VARIANCE:
A. Many of the homes located on Burroweed Lane are considered to be
condos, were constructed under Riverside County Zoning Ordinance
development standards which resulted in the construction of shared
common walls without side yard set backs. The applicant's property is a
single family residential lot, and was built with the intent of the required
five foot setback. The applicant constructed a golf cart shed within the
setback without permits, and City Council does not want to set a
precedent by issuing a variance for an illegal structure.
B. The property is considered a single family residential lot with the required
five foot setback. The property is not of a highly irregular shape, and
there are no extraordinary circumstances or conditions applicable to the
property.
C. The applicant voluntarily purchased a property that is a single family
residential lot, which requires a five foot setback. The applicant had the
duty to know that, with the required five foot setback, he would not have
the ability to expand his home.
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 findings of
the City Council in this case.
CITY COUNCIL RESOLUTION NO. 09-9
2. That the City Council does hereby deny Variance 08-261.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 22nd day of January 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
ROBERT A. SPIEGEL, Mayor
CITY COUNCILACTION
APPROVED .DENIED
R1 E VF/Il D .OTHER ,lli()9/e'_c
MEETING DATE -- /0 O
AYES: frn aighileity
NOES: CC.�~nn!(-
ABSENT:
ABSTAIN: to
VERIFIED BY: i2/k ./71 ifn
Original on File with City Cl(&s Office
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