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HomeMy WebLinkAbout94-85 - Resolutions RESOLUTION NO. 94-85 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 94-06 TO ALLOW A REDUCTION IN THE SIDE YARD SETBACK FROM 10 FEET TO 2.5 FEET FOR A GARAGE LOCATED AT 8214 AVENIDA VEJAR IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-161-07. A. gecitals. 1. Shea Gelmini has filed an application for the issuance of Variance No. 94-06 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 14th day of December 1994, 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. 3. 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 December 14, 1994, 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 8214 Avenida Vejar with a street frontage of 60 feet and lot depth of 130 feet and is presently improved with a single family residence; and b. The properties to the north, south, east, and west of the subject site are single family residences; and c. The majority of properties in the area have garages which encroach significantly into the required side yard setbacks; and d. The subject structure, a detached, one-story, two-car garage, was originally built under the County of San Bernardino's setback regulations which were less than current regulations; and e. The subject structure was completely destroyed by fire in July of 1993 and required reconstruction; and f. The subject structure is located approximately 75 feet from the street, behind the residence. PLANNING COMMISSION RESOLUTION NO. 94-85 VAR 94-06 - GELMINI December 14, 1994 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 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 garage 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. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 1994. PLANNING COa ISSIU■ . THE CITY' RANCHO CUCAMONGA 1\ 01111". I, ATTEST: �� //4 Brad BlWOrSecreW PLANNING COMMISSION RESOLUTION NO. 94-85 VAR 94-06 - GELMINI December 14, 1994 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 14th day of December 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MELCHER, TOLSTOY