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HomeMy WebLinkAbout04-73 - Resolutions RESOLUTION NO. 04-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2004-00376, A REQUEST FOR A 5-FOOT REDUCTION FROM THE REQUIRED MINIMUM 32-FOOT FRONT YARD SETBACK (MEASURED FROM THE CURB), ALONG 9666 HAMPSHIRE STREET PROPERTY FRONTAGE, LOCATED IN THE LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0208-372-01. A. Recitals. 1. Andresen Architecture filed an application requesting Variance DRC2004-00376, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 9th day of June 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on June 9, 2004, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a 12,779 square foot property located in the Low Residential District at 9666 Hampshire Street. The property is an irregular shaped lot with three sides and a street frontage of 168.52 feet; and b. The property is presently improved with a single-story, single-family residence constructed prior to the City's incorporation; and C. The Variance request is to allow a 5-foot projection into a 32-foot required front setback area for construction of a dwelling expansion, per applicable City regulations; and d. The house fronts Hampshire Street, which curves to align with Hampshire Street east of Archibald Avenue. The rear of the houses faces the northern property line, which abuts an alley serving the subdivision and commercial uses on the south side of Foothill Boulevard, immediately west of Archibald Avenue. The property is visible from Archibald Avenue with an adjoining street/alley and vacant/dirt land; and PLANNING COMMISSION RESOLUTION NO. 04-73 DRC2004-00376—ANDRESEN ARCHITECTURE June 9, 2004 Page 2 e. The properties to the south, east, and west of the subject site are zoned Low Residential and are improved with one-story, single-family residences. The property to the north is zoned Specialty Commercial District, Subarea 3, and is comprised of an array of commercial uses and buildings; and f. The literal interpretation of the Development Code creates hardship for the site in question as the established criteria is conducive to conventional lot arrangements (i.e., more rectangular shaped), non-triangularly shaped lots; and g. The house and subdivision pre-date the City's incorporation. The triangular shape of this lot creates a unique situation whereby the lot features a front yard measuring 168.25 feet wide; whereas, only 60 feet at front setback line is required within the same district; and h. The strict interpretation of regulations would deprive the property owner from constructing a room addition that is common to the Low Residential District in terms of lot coverage, including required setback area; and i. The expansion of a dwelling is consistent with limitations of the properties in the same district; and j. The dwelling expansion will not negatively affect nearby properties or improvements nor will it negatively affect the public health, safety, or welfare. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would*would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; and b. That there are not 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 district; and C. That strict or literal interpretation and enforcement of the specified regulation would*would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district; and d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and e. That the 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below: PLANNING COMMISSION RESOLUTION NO. 04-73 DRC2004-00376—ANDRESEN ARCHITECTURE June 9, 2004 Page 3 Planning Division 1) Variance approval is for the construction of a dwelling expansion encroaching 5 feet into the required minimum a 32-foot front setback area at 9666 Hampshire Street. 2) Variance approval shall expire if building permits are not issued within 5 years of the date of approval. 3) Approval of this request shall not waive compliance with any sections of the City's Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) The design of the proposed dwelling expansion including, but not limited to, roof slope, wall materials, colors, and finish shall match existing. Engineering Division 1) No fencing within the public right-of-way. 2) Maintain adequate line-of-sight distance per City standards for vehicles and pedestrian at the alley entrance and Hampshire Street. 3) Building permit for addition shall require development impact fees for drainage at $15,300 per net acre and beautification at $0.20 per square foot of new living space. 4) Dedicate comer property line radius per City Standard No. 100-B. 5) Construct missing public improvements of sidewalk and access ramp. 6) Have a Civil Engineer revise City Street Improvement Plans for the Improvement listed above. Plan check fees apply for both the dedication and revision plan checks. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA e, BY: Lar . McNiel, Vice Chairman PLANNING COMMISSION RESOLUTION NO. 04-73 DRC2004-00376—ANDRESEN ARCHITECTURE June 9, 2004 Page 4 ATTEST: Brame ecret I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS