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HomeMy WebLinkAbout88-148 - Resolutions RESOLUTION NO. 88-148 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 88-10 TO REDUCE THE SIDEYARD SETBACK FROM TEN FEET TO SIX FEET ONE INCH FOR LOT 9 OF TRACT 13058, AN APPROVED TRACT IN THE MEDIUM RESIDENTIAL DISTRICT OF THE VICTORIA PLANNED COMMUNITY LOCATED ON THE WEST SIDE OF FAIRMONT WAY, SOUTH OF HIGHLAND AVENUE APN: 202-881-44 A. Recitals. (1 ) Pulte Home Corporation has filed an application for the issuance of the Variance No. 88-10 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii ) On July 27, 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 July 27, 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 11103 Charleston Street with a street frontage of 46.04 feet and average lot depth of 102.2 feet and is presently improved with a single family "zero lot line" residence and necessary street and property improvements; and (b) The application has been submitted to request the reduction of the sideyard setback from 10 feet to 6 feet 1 inch for Lot 9 of Tract 13058 contrary to the requirements of the Victoria Community Plan requiring sideyard setbacks for zero lot line products to be zero feet on one side and ten feet on the usable side. PLANNING COMMISSION RESOLUTION NO. PULTE HOME CORPORATION July 27, 1988 Page 2 (c) 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 lot for the following reasons: (i ) The relocation of the completed structure would result in a practical difficulty for parties involved. (ii ) The decreased setback does not effect the streetscape or any public right-of-way where it would be perceived as detrimental to the goals and objectives of the community. 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 subject to the following condition: (1) Prior to occupancy of Lot 9 and Lot 10, the applicant shall process a lot line adjustment to create a "zero lot line" condition on Lot 9 and eliminate the narrow triangular space between the house on Lot 9 and the property line. PLANNING COMMISSION RESOLUTION NO. PULTE HOME CORPORATION July 27, 1988 Page 3 (2) The rear yard of Lot 9 shall be landscaped and irrigated with trees, shrubs and groundcover prior to occupancy of the last home in Tract 13058. Detailed plans shall be approved by the City Planner. (3) The production wood fence shall be constructed from the southernmost corner of the house on Lot 9 out to the interior side lot line and thence back to the rear lot line. 5. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING COMMSSION OF THE CITY OF RANCHO CUCAMONGA BY: I/ _ . , /J • . a y _, airman ATTEST: SCA„ardita :ra.•:ly'-r, +epu 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 27th day of July, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EMERICK, TOLSTOY