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HomeMy WebLinkAbout93-39 - Resolutions RESOLUTION NO. 93-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 93-04 TO ALLOW A REDUCTION IN THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET FOR AN ADDITION LOCATED AT 8593 LEMON AVENUE IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-461-07. A. Recitals. (i) Richard Nero has filed an application for the issuance of Variance No. 93-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." (ii) On the 26th day of May 1993, 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. 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 May 26, 1993, 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 8593 Lemon Avenue with a street frontage of 94 feet and lot depth of 115 feet and is presently improved with a single family residence and a partially constructed shed; and (b) The properties to the north, south, east, and west of the subject site are single family homes; and (c) A number of properties in the area have accessory structures or additions which encroach into the required side yard setbacks; and PLANNING COMMISSION RESOLUTION NO. 93-39 VAR 93-04 - NERO May 26, 1993 Page 2 (d) One neighboring subdivision was developed at a time when only 5-foot setbacks were required on each side; and (e) The proposed shed addition will be designed to match the existing structure and will be partially screened from the street by an existing block wall; and (f) The proposed shed addition is adjacent to the neighbor's garage and will not cause a significant impact. 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. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) The shed addition shall not be expanded beyond the size approved by this Resolution and any future structures shall be located within the required setbacks. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 93-39 VAR 93-04 - NERO May 26, 1993 Page 3 APPROVED AND ADOPTED THIS 26TH DAY OF MAY 1993. PLANNING CP, ISSION OF THE CITY OF RANCHO CUCAMONGA BY: `1/a/. �" 1/s Larrfi cNiel, C airman 0010:7 "Ire' ATTEST: B -d B /erliggr ary 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 26th day of May 1993, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY, VALLETTE