Loading...
HomeMy WebLinkAbout01-103 - Resolutions RESOLUTION NO. 01-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 2001-00623 TO ALLOW A REDUCTION OF THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 10 FEET TO 5 FEET 9 INCHES LOCATEDAT 5198 PADDOCK PLACE IN THE VERY LOW RESIDENTIAL DISTRICT,AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1074-561-21. A. Recitals. 1. Dwight French filed an application for the issuance of Variance DRC2001-00623, 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 November 2001, 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 November 14th, 2001, 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 5198 Paddock Place, with a street frontage of approximately 135 feet and lot depth of approximately 210 feet, and is presently under construction with a two-story single-family home; and b. The properties to the north, south, east, and west are single-family residences;and C. The Development Code requires single-family residences within the Very Low Residential District 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 5 feet 9 inches to allow the newly constructed home a lesser setback; and e. The application applies to property currently under construction with a single-family custom home; and f. All of the surrounding properties with single-family homes meet the required side yard setbacks, and PLANNING COMMISSION RESOLUTION NO. 01-103 VARDRC2001-00623 — FRENCH November 14, 2001 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 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 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 be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: "'Y., , 4h; W- farry iel, Chairman ATTEST: Brad Bu ecreta 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 November 2001, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 01-103 VARDRC2001-00623 — FRENCH November 14, 2001 Page 3 AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY