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HomeMy WebLinkAbout98-71 - Resolutions RESOLUTION NO. 98-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 98-01 TO ALLOW A REDUCTION OF THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 10 FEET TO 7 FEET LOCATED AT 8190 ORCHARD STREET IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-711-07 A. Recitals. 1. Sharon Hunt has filed an application for the issuance of Variance No. 98-01 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 9th day of September 1998, 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 September 9, 1998, 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 8190 Orchard Street with a street frontage of 130 feet on Orchard Street and 180 feet on Vinmar Avenue and a lot width of 95 feet and is presently improved with a single family home; and b. All of the surrounding properties are developed with single family homes; and c. The Development Code requires single family residences within the Very Low Residential designation to maintain a minimum interior side yard setback of 10 feet; and d. The applicant is proposing to reduce the required interior side yard setback to 7 feet to allow construction of a 1,000 square foot room addition; and e. The application applies to property developed, prior to the City incorporation under the County of San Bernardino development standards, which allowed a number of homes in the area to have interior side yard setbacks less than 10 feet, and in some cases as little as 5 feet; and f. Several properties in the area contain accessory structures that do not meet the side yard setback requirements. PLANNING COMMISSION RESOLUTION NO. 98_71 VAR 98-01 - SHARON HUNT September 9, 1998 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; and b. That there are exceptional or extraordinary circumstances orconditions 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; and 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; and 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; and 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. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: '-I/, i ./ ! AliAlleAL_ r La - T. McN•-I, Chairman ATTEST: Brad B 'rC Greta 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 September 1998, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARKER