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HomeMy WebLinkAbout87-158 - Resolutions RESOLUTION NO. 87-158 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 87-12 TO ELIMINATE THE REQUIRED FIVE FOOT REAR YARD SETBACK LOCATED AT THE NORTHWEST CORNER OF HELMS AND FERON IN THE GENERAL INDUSTRIAL DISTRICT - APN: 209-031-57 A. Recitals. (i ) Juan Baires-Adair/Shook Building Systems has filed an application for the issuance of the Variance No. 87-12 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii ) On September 9, 1987, 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. (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 public hearing on September 9, 1987, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northwest corner of Helms Avenue and Feron Boulevard with a street frontage of 128 feet and lot depth of 387 feet and is presently improved with a paved parking lot; and (b) The property to the north of the subject site is a multi- tenant industrial building, the property to the south of that site consists of an industrial project, the property to the east is an existing contractor's yard, and the property to the west is a multi-tenant industrial building; and (c) The property to the north is developed with a one (1) foot setback along the property line in common with the subject site; and (d) An access easement and asphalt driveway exist on the property to the north; therefore, any landscaping that would be planted within the rear yard setback would not be contiguous to Helms Avenue. PLANNING COMMISSION RESOLUTION NO. VARIANCE 87-12 - JUAN BAIRES-ADAIR September 9, 1987 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. (b) That 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) That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (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. (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 paragraph 1, 2 and 3 above, this Commission hereby approves the application with the following condition: (a) The applicant shall attempt in good faith, and provide evidence thereof, to provide a permanent barrier from the existing building to the north to the proposed building which for safety purposes would restrict access to the area created between the two. 5. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. VARIANCE 87-12 - JUAN BAIRES-ADAIR September 9, 1987 Page 3 APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER, 1987. PLANNING CO , IISSION OF THE CITY OF RANCHO CUCAMONGA • a r I. 'cy, a� ATTEST: `gitL mastrS,.. Bra, er, ie,uy 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 9th day of September, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE