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HomeMy WebLinkAbout88-181 - Resolutions RESOLUTION NO. 88-181 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION DENYING VARIANCE NO. 88-13 A REQUEST FOR VARIANECE TO ELIMINATE THE 3 FOOT LANDSCAPE PLANTER ALONG THE SIDES AND REAR AND TO ELIMINATE THE OVERHEAD TRELLIS OR ARBOR FOR A RECYCLING FACILITY LOCATED AT 9477 FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-261-38 and 37. A. Recitals. (i ) 20/20 Recycle Centers has filed an application for the issuance of the Variance No. 88-13 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 14, 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 September 14, 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 9477 Foothill Boulevard for an irregular shaped parcel with a street frontage of 200 feet and an average lot depth of 400 feet and is presently improved with a shopping center; and (b) The property to the north of the subject site is single family homes and commercial , the property to the south of that site consists of a public storage facility, the property to the east is commercial and office, and the property to the west is commercial ; and (c) The application has been submitted to allow the elimination of a 3 foot landscape planter along the sides and rear of a recycling facility, contrary to the requirements of Section 17.04.080 of the City of Rancho Cucamonga Development Code; and PLANNING COMMISSION RESOLUTION NO. 88-181 VA 88-13 - 20/20 Recycle Centers September 14, 1988 Page 2 (d) The application has been submitted to allow the elimination of an overhead trellis or arbor for a recycling facility, contrary to the requirements of Section 17.04.080 of the City of Rancho Cucamonga Development Code. (e) The variance as specified in the application would contradict the objectives of the Rancho Cucamonga Development Code for the following reasons: (i ) The intent is to have a recycling facility that is designed in a manner that is consistent with the architecture and site plan of the associated commercial use; and (ii ) That the facility be designed with a related permanent enclosure or screening; and (iii ) That the recycling facility shall be designed to include safety provisions for separating pedestrian and vehicular traffic; and (iv) That the requested variance application would not meet the intent of Section 17.04.080 of the City of Rancho Cucamonga Development Code. 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 not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. (b) That there are not 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 not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. PLANNING COMMISSION RESOLUTION NO. 88-181 VA 88-13 - 20/20 Recycle Centers September 14, 1988 Page 3 (d) That the granting of the Variance will 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 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 denies the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 1988. PLANNING COMMI SION_OFF THE CITY OF RANCHO CUCAMONGA BY: Ian- SG ar . airman A ATTEST: •/// e :r. 4 INV Vigi1 I, Brad Buller, 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 14th day of September, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: