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HomeMy WebLinkAbout89-117 - Resolutions RESOLUTION NO~ 89-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 88-15 TO REDUCE THE REQUIRED AVERAGE LOT SIZE FROM 22,500 SQUARE FEET TO 21,952 SQUARE FEET FOR TWO LOTS WITHIN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS.PER. ACRE) LOCATED AT THE NORTHEAST CORNER OF ALMOND STREET AND MAI STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-071-55 A. Recitals. (i) Melvin Kornblatt has filed an application for the issuance of the Variance No. 88-15 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". (ii) On February 8, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. After considering all public testimony, the Planning Commission denied said application due to "no action". (iii) On March 15, 1989, the City Council of the City.of Rancho Cucamonga conducted a duly noticed public hearing to hear an appeal on the application and concluded said hearing on that date. (iv) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Council 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 Council during the above-referenced public hearing on March 15, 1989 including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The application applies to property located at 'the northeast corner of Almond and Mai Streets with a street frontage of 220 feet along Almond Street and 200 feet along Mai Street. The pmoperty is currently developed with one single family residence; and (b) The properties to the north, east, and west of the subject site are presently designated for residential uses and are currently developed with single family dwellings. These properties range in size from 0.6 to 3.2 acres in size. Therefore, these properties could not be further subdivided because they would exceed the General Plan Very Low Residential density. The Resolution No. 89-117 Page 2 property to the south of the subject site is designated for residential uses and is currently vacant; and (c) The application contemplates a subdivision of the property which would create an average lot size of 21,952 contrary to the requirements of Section 17.08.040 of the Rancho Cucamonga Development Code for lots within the Very Low Residential District. (d) The variance as specified 'in the application would contradict the objectives of the Rancho Cucamonga Development Code for the following reasons: (i) Other properties in the vicinity have been developed or are planned for development that meet or exceed the mini~6~ average lot size of 22,500 square feet.. (ii) The placement of the house on parcei I was located in such a way to give the impression that no future lot splits were anticipated. As a result, the proposed property line is skewed at unusual angles in order to achieve the necessary square footage to meet 'the minimum lot size requirement which is not conducive to the subdivision of the property. 3. Based upon the substantial evidence presented to this ~ommission 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 not result in~ practical difficulty .or unnecessary physical hardship inconsistent with the objectives of the Development Code; and (b) That there are not 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; and (c) That strict or 'literal interpretation and enforcement of the specified regulation would not 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 con'stitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; ~nd 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application. Resolution No~ 89-117 Page 3 PASSED~ APPROVED, and ADOPTED this 5th day of April, 1989~ AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None ~.~O~DD e/~'~n i/)s L~. S~r ATTEST: Beverly A~. Authel~, City Cl~rk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 5th day of April, 1989. Executed this 6th day of April, 1989 at Rancho Cucamonga, California. Beve~ly//A. Authelet, City Clerk