HomeMy WebLinkAbout86-99 - Resolutions RESOLUTION NO. 86-99
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
APPROVING VARIANCE NO. 86-04 TO ALLOW REDUCING THE CORNER
SIDE YARD SETBACK FROM 10-FEET TO 7-FEET, AND TO REDUCE
THE FRONT YARD SETBACK FROM 18-FEET TO 14-FEET SIX-
INCHES, LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AND
HIGHLAND, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT. APN:
201-252-23, 25, 26.
A. Recitals.
(i ) PETER LADEN has filed an application for the issuance of a
Variance, No. 86-04, described above in the title of this Resolution.
Hereinafter in this Resolution, the subject variance request is referred to as
the application".
(ii ) On July 9, 1986, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the subject matter of the
application, and said public hearing was concluded prior to the adoption of
this Resolution.
(iii ) All legal prerequisites to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This 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 this Commission
during the above-referenced July 9, 1986, hearing, including written and oral
staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a) The application applies to a 9.75 acre parcel in the Low-
Medium Residential District (4-8 du/ac), located on the northeast corner of
Archibald and Highland Avenue;
b) The properties to the north, east and west of the subject
site are presently designated for residential uses with west properties are
currently developed with single-family dwellings. The property to the north
and east of the subject site is designated for residential uses and is
currently vacant;
PLANNING COMMISSION RESOLUTION
July 23, 1986
VA 86-04
Page 2
c) The application has been submitted to allow the reduction of
the corner side yard setback from 10-feet to 7-feet for Lots 1, 57, and 77 and
to reduce the front yard setback from 18-feet to 14-feet six-inches for Lots
55, 56, and 78 contrary to the requirements of Section 17.08.040 of the Rancho
Cucamonga Development Code requiring front yard and corner side yard setbacks
within the Low-Medium District to have a front yard setback of 18-feet and
corner side yard of 10-feet.
d) The variance as specified in the application will not
contradict the goals or objectives of the Rancho Cucamonga General Plan or
Development Code and will not promote a detrimental condition to the persons
or property in the immediate vicinity of the subject site for the reasons as
follows:
(i ) The project (Tract 12914) has a greater street radius
standards of 35 feet, which is larger than City Standard of only 27 feet
enjoyed by other projects in the same district.
(ii ) Recordation of an addendum to the CC&R which would
restrict any parking in the driveways in a manner that would obstruct the
sidewalks and curbs as well as providing those homeowners with a setback of
less than 18 feet with a garage door opener.
(iii ) Strict and literal interpretation and enforcement
would deprive privileges enjoyed by other developments within the same
district whereby setbacks as small as 8 feet, 10 feet and 12 feet were
approved and units built.
(iv) At the above-referenced July 9, 1986 public hearing,
no public testimony was set forth in opposition to the application.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced July 9, 1986 public hearing, and upon the specific
findings of fact set forth in paragraphs 1, 2 and 3, above, this Commission
hereby finds and concludes as follows:
a) The strict or literal interpretation and enforcement of the
specified regulation would result in a practical difficulty or unnecessary
physical hardship inconsistent with the objectives of the Development Code;
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
district;
c) The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by
owners of other properties in the same district;
i 1d) The granting of the subject Variance will not constitute a
specialieariviledesainCon inconsistent smith the limitations on other properties
PLANNING COMMISSION RESOLUTION
July 23, 1986
VA 86-04
Page 3
e) The granting of the subject 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, 3 and 4 above, this Commission hereby approves the application with the
following conditions:
a) Provide automatic garage door openers for units
with a front set back of less than 18 feet (as
measured from back of sidewalk).
b) Provide 2 foot high return wall and extensive
landscaping along the curb radius and side yard
of Lots 57, 77, 66, and 67.
c) Record addendum to the CC&R' s that would
restrict parking in the driveways for Lots 1,
57, 77 in a manner that would obstruct the
sidewalks and curbs.
(d) Provide full front yard landscaping for Lots 1,
55, 56, 57, 77 and 78 subject to the City
Planner' s approval .
APPROVED AND ADOPTED THIS 23RD DAY OF JULY, 1986.
PLAN COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: p/}lAUlia
Dennis L. Stou , C irman
ATTEST: ",_/a��
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rad :u • , iepu y ecre ary
I, Brad Buller, Deputy 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 23rd day of July, 1986, by the following vote-to-wit:
AYES: COMMISSIONERS: REMPEL, MCNIEL, CHITIEA, STOUT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARKER