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HomeMy WebLinkAbout87-108 - Resolutions RESOLUTION NO. 87-108 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 87-03 TO ALLOW REDUCING THE CORNER SIDE YARD SETBACK FROM 27 FEET TO 23 FEET, LOCATED WEST OF THE INTERSECTION OF AMETHYST STREET AND HIGHLAND AVENUE, IN THE LOW RESIDENTIAL DISTRICT - APN: 201-711- 03. A. Recitals (i ) PENNHILL DEVELOPMENT has filed an application for the issuance if a Variance, No. 87-03, described above in the title of this Resolution. Hereinafter in this Resolution, the subject variance request is referred to as "the application". (ii ) On the 8th day of July, 1987, 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 hereby 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 8m 1987, hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a) The application applies to a 6.87 acre parcel in the Low Residential District (2-4 dwelling units per acre), located west of the intersection of Amethyst Street and Highland Avenue. b) The properties to the north, east and west of the subject site are presently designated for residential uses and are currently developed with single family dwellings. The property to the south of the subject site is designated for residential uses and is currently vacant. c) The application has been submitted to allow the reduction of the corner side yard setback from 27' to 23' for Lot 9 contrary to the requirements of Section 17.08.040 of the Rancho Cucamonga Development Code requiring corner side yard setbacks within the Low Residential District to have a corner side yard of 27' . PLANNING COMMISSION RESOLUTION NO. Variance 87-03 - Pennhill Development July 8, 1987 Page 2 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 27' corner side yard setback can be achieved by shifting the street to the north. This would, however, result in an offset intersection which would increase traffic conflicts and pose a potential safety hazard. The granting of the variance would provide a safer intersection than if the streets were offset. (ii ) The creation of the substandard setback results from the strict interpretation of the Development Code and City policy for street alignments. (iii ) The property has unique physical limitations (MWD easement, existing residence, and existing street intersection) that are not typically found under similar zoning classifications. e) The granting of the subject variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of 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) Approval of Variance 87-03 shall be contingent upon approval of Tentative Tract 13367. b) All applicable conditions if the Resolution of approval for Tentative Tract 13367 shall apply. APPROVED AND ADOPTED THIS 8TH DAY OF JULY, 1987. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: II L .. . S c/2 �. . 'c' e , airman I / / / ATTEST: / r am—:7 , iltrrry ecre ary PLANNING COMMISSION RESOLUTION NO. Variance 87-03 - Pennhill Development July 8, 1987 Page 3 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 8th day of July, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, TOLSTOY , BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE