HomeMy WebLinkAbout90-54 - Resolutions RESOLUTION NO. 90-54
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, PLANNING COMMISSION APPROVING VARIANCE NO.
90-06 TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10
FEET TO 5 FEET, LOCATED AT 5001 VIA VERDE IN THE VERY
LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 1061-191-16
A. Recitals.
( i ) Robert J. Witek has filed an application for the issuance
of the Variance No. 90-06 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Variance request is referred to as
"the application."
( ii ) On May 9, 1990, 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 prior to the adoption of this
Resolution have occurred.
IB. 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 May 9, 1990, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
(a) The application applies to a flag lot located at
5001 Via Verde with a street frontage of 20 feet and lot depth of 261 feet and
is presently improved with a single family home, shed, and pool ; and
(b) The property to the north of the subject site is owned by
a utility company and is used for power transmission, the property to the
south of the site consists of a single family residence, the property to the
east is vacant, and the property to the west is a single family residence.
(c) The application contemplates the construction of a garage
addition to be located 5 feet from the north property line, and approximately
60 feet from the westerly property line.
(d) The subject property has a unique side yard shape due to
the prior sale of a triangular portion of the lot, near the addition, to the
adjoining utility company.
PLANNING COMMISSION RESOLUTION NO. 90-54
VARIANCE 90-06 - ROBERT J. WITEK
May 9, 1990
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 paragraphs 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 owner 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.
(el 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 paragraphs
1 , 2, and 3 above, this Commission hereby approves the application.
5 . The Deputy Secretary to this Commission shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MAY, 1990
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
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PLANNING COMMISSION RESOLUTION NO. 90-54
VARIANCE 90-06 - ROBERT J. WITEK
May 9, 1990
Page 3
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 9th day of May, 1990, by the following vote-to-wit:
AYES: COMMISSIONERS : CHITIEA, TOLSTOY, WEINBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL