No preview available
HomeMy WebLinkAbout88-07 - Resolutions RESOLUTION NO. 88-07 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 87-17 TO ALLOW REDUCTION OF THE REAR YARD SETBACK FROM 30 FEET TO 9 FEET LOCATED AT THE NORTHEAST CORNER OF HILLSIDE ROAD AND HERMOSA IN THE VERY LOW RESIDENTIAL DISTRICT - APN: 201-101-04. A. Recitals. (i ) Nordic Development has filed an application for the issuance of the Variance No. 87-17 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii ) On January 13, 1988, 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 January 13, 1988, 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 northeast corner of Hermosa and Hillside with a street frontage of 630 feet along Hillside Road and 280 feet along Hermosa Street and is presently improved with 3 single family dwellings and chicken coops; and (b) The property to the north of the subject site is designated for residential uses and developed with one single family dwelling, the property to the south of that site is designated for residential uses and is developed with a chicken ranch, the property to the east is designated for residential uses and is developed with one single family dwelling and chicken coops, and the property to the west is designated for residential uses and is developed with one single family dwelling; and PLANNING COMMISSION RESOLUTION NO. 88-07 Variance 87-17 - Nordic January 13, 1988 Page 2 (c) At the time of approval for construction of the existing dwelling it met all the minimum requirements for rear and side yard setbacks. At this time, the property line parallel to Hermosa Avenue was considered the front lot line, while the property line parallel to Hillside Road was considered the side lot line. With the proposed subdivision the property line parallel to Hillside Road would become the front lot line for the dwelling according to the definition of "corner front line" in the Development Code (Section 17.02. 140). It is only due to the strict interpretation of the definition of front lot line "that the rear setback (nine feet) becomes deficient. 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 approved the application subject to each and every condition set forth below. (a) All applicable conditions of Tentative Tract 13621 shall apply. 5. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 88-07 Variance 87-17 - Nordic January 13, 1988 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: < <_ _ �J'fv ar r 'c,i a/-f ATTEST: L1 � _ : al :^"r Iep air 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 13th day of January, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: TOLSTOY, CHITIEA, BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE