HomeMy WebLinkAbout99-55 - Resolutions RESOLUTION NO. 99-55
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
NO. 99-05 TO REDUCE THE CORNER SIDE YARD SETBACK TO 5
FEET, LOCATED AT 13910 SAN SEGUNDO DRIVE WITHIN THE VERY
LOW RESIDENTIAL DISTRICT(UNDER 2 DWELLING UNITS PER ACRE)
OF THE ETIWANDA HIGHLANDS SPECIFIC PLAN, AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 226-631-37.
A. Recitals.
1. Gregory D. Hernandez has filed an application for the issuance of Variance No. 99-05
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 June 1999, 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 the substantial evidence presented to this Commission during the above-
referenced public hearing on June 9, 1999, 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 13910 San Segundo Drive with a
street frontage of 96 feet and lot depth of 186 feet and is presently improved with a single family
residence; and
b. The property is a corner lot with an estimated 3-foot 6-inch grade change between
the property's finished grade and Wardman Bullock Road; the grade change between Wardman
Bullock Road and the property provides a unique circumstance not common in the area; and
c. The properties to the north, south, and east of the subject site are designated for
single family homes;the property to the west is vacant and designated for single family residential
use; and
d. The application is proposing the construction of a single story accessory structure
to be used as a pool house with a total height of 10 feet 4 inches; the proposed structure will
occupy 192 square feet and match the existing single family residence with similar siding, roofing,
and color schemes; and
PLANNING COMMISSION RESOLUTION NO. 99-55
VAR 99-05 - HERNANDEZ
June 9, 1999
Page 2
e. The application is proposing to locate the structure 17 feet from corner side yard
curb face, contrary to the Development Code requirement of 27 feet, to ensure clear visibility of
a pool from the primary residence; and
f. The proposed cabana pad elevation is approximately 10 feet below the neighbor
to the south; hence, will not be visible; and
g. The proposed cabana height is below the top of the existing perimeter block wall
at the right-of-way line for Wardman Bullock Road; hence will not be visible from public view and
will not affect light, air, and open space for residents.
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, as evidenced by the property owners inability to provide an accessory
structure in an area where it provides an adequate line of site to the pool.
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, as evidenced by the site's unique topography,which combined with
an existing perimeter wall, will completely screen the proposed accessory structure.
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, as evidenced by the allowance of accessory structures to property owners 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, as evidenced
by a request for similar accessory structures being allowed in the 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,as evidenced
by the allowance of accessory structures in the district, provided they comply with building codes
and development standards.
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:
Planning Division
1) Corner side yard setback can be no less than 17 feet from curb face
along corner side yard (Wardman Bullock Road).
2) Height of the proposed accessory structure may not exceed 10 feet
4 inches to ensure that the structure will be fully screened by the 11-
foot combination of retaining wall and perimeter wall.
PLANNING COMMISSION RESOLUTION NO. 99-55
VAR 99-05 - HERNANDEZ
June 9, 1999
Page 3
3) Accessory structure must match existing single family residence;
similar siding, roofing, and color schemes.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 1999.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: mat ._■ c ? P
Larry T/1 cNi-I, Chairman
ATTEST:
e t.
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 June 1999, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE