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HomeMy WebLinkAbout89-138 - Resolutions RESOLUTION NO. 89-138 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 89-11 TO ELIMINATE THE REQUIRED 2-CAR GARAGE BY CONVERTING IT TO A SPECIAL CARE LIVING QUARTERS LOCATED AT THE SOUTHWEST CORNER OF LION AND LA RONDA STREETS IN THE LOW DENSITY RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-323-27 A. Recitals. (i ) Tom Palombo has filed an application for the issuance of the Variance No. 89-11 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application" . (ii ) On October 25, 1989, 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 October 25, 1989, 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 9211 La Ronda with a street frontage of 179 feet and lot depth of 102 feet and is presently improved with a single family home; and (b) The property to the north of the subject site is single family homes, the property to the south is single family homes, the property to the east is single family homes, and the property to the west is single family homes; and (c) The applicant is a respiratory dependent quadriplegic and requires special care living quarters (climate controlled bedroom) for maintaining physical health ; and (d) The lot has improved driveways that could accommodate approximately 5 open parking spaces on-site; and PLANNING COMMISSION RESOLUTION NO. 89-138 ENVIRONMENTAL ASSESSMENT & VARIANCE 89-11 - PALOMBO October 25, 1989 Page 2 (e) The conversion is temporary, as long as the applicant requires the special care living quarters, and the space can be converted back to a garage at any time. 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows : (a) That strict or literal interpretation and enforcement of the specified regulations 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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1 , 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below: (a) The approval of Variance 89-11 shall run with the applicant as long as the special care living quarters is necessary to maintain the applicant's physical health. (b) At any such time when the special care living quarters are not necessary, this Variance shall become void and the special care addition shall be converted back to a 2-car garage. The applicant shall record an agreement in a form satisfactory to the City Attorney and City Planner, prior to issuance of any permits for the interior improvements. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 89-138 ENVIRONMENTAL ASSESSMENT & VARIANCE 89-11 - PALOMBO October 25, 1989 Page 3 APPROVED AND ADOPTED THIS 25TH DAY OF OCTOBER, 1989. PLANNING COMMISION OF THE CITY OF RANCHO CUCAMONGA BY: at1r ■ '/ r _ • L. rry i cNiel , Chairman ATTEST: �4..`%/��/ :radTIMIV , IlliFfry 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 25th day of October, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MC NIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY