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HomeMy WebLinkAbout00-10 - Resolutions RESOLUTION NO. 00-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-10 TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 10 FEET TO 0 FEET FOR A CHURCH LOCATED AT 9244 19TH STREET IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 201-341-04. A. Recitals. 1. Williams Architects have filed an application for the issuance of Variance No. 99-10 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On January 12, 2000, 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 January 12, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property consisting of .80 acre of land located at 9244 19th Street with a street frontage of 110 feet and lot depth of 331.72 feet and is presently improved with a single story home. The property was previously used by an elementary school and church; and b. The property is surrounded on all sides by residential development; and C. All uses proposed in the application conform to the General Plan and Development Code, and the proposed uses are permitted in the Low Residential District subject to the issuance of a Conditional Use Permit. The applicant, in conjunction with the subject application, has filed for the issuance of a Conditional Use Permit; and d. The application applies to property containing an existing residence with a building setback of 10 feet on the west side yard and 26.5 feet on the east side yard; and e. The allowance of a reduction of the side yard landscape setback, contrary to the requirements of Table 17.10.040.B. of the Development Code, shall not grant a special privilege since the setback, as proposed, will be consistent and compatible with side yard landscape setbacks which exist or are approved on surrounding properties; and PLANNING COMMISSION RESOLUTION NO. 00-10 VAR 99-10—WILLIAMS ARCHITECTS January 12, 2000 Page 2 f. The allowance of a reduction in the side yard landscape setback, contrary to the requirements of Table 17.10.040.B. of the Development Code, shall not grant a special privilege since the development of the subject site requires utilization of the existing building served by parking at the rear of the site which is accessible only via a two-way driveway along the east side yard; and g. The allowance of a reduction of the side yard landscape setback, contrary to the requirements of Table 17.10.040.B. of the Development Code, shall not grant a special privilege since all surrounding properties are not required to maintain 10 feet of landscaping along the side yard. 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) All conditions contained in Planning Commission Resolution No. 00-09 approving Conditional Use Permit 99-52 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: t Larry . cNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 00-10 VAR 99-10—WILLIAMS ARCHITECTS January 12, 2000 Page 3 ATTEST: Bradt , Sec a 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 12th day of January 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE