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HomeMy WebLinkAbout03-21 - Resolutions RESOLUTION NO. 03-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING VARIANCE DRC2002-00958, A REQUEST TO CONSTRUCT A WALL 6 FEET IN HEIGHT IN THE REQUIRED 37-FOOT FRONT YARD SETBACK (MEASURED FROM THE CURB), ALONG THE PROPERTY LINE THAT SEPARATES 9240 ARCHI BALD AVENUE AND 9221 JADEITE AVENUE, LOCATED IN THE LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-321-73. A. Recitals. 1. James Ilsley filed an application requesting Variance DRC2002-00958, 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 12th day of February 2003, 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. The Planning 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 the Planning Commission during the above-referenced public hearing on February 12, 2003, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a 38,476 square foot property located in the Low Residential District at 9240 Archibald Avenue. The property is a 'through' lot with a street frontage along Archibald Avenue of 225 feet, a street frontage along the rear of approximately 117 feet,a maximum lot depth of approximately 235 feet, and a maximum lot width of approximately 220 feet; and b. The property is presently improved with a two-story single family residence that has been designated as a Historical Landmark, the Cousins (Christmas) House; and c. The Variance request is to allow the construction of a 6-foot high by 25-foot long garden wall along the property line that separates the applicant's property and the property to the north at 9221 Jadeite Street. The proposed wall will be located within the 37-front yard setback of 9221 Jadeite Street where the maximum height of any wall is generally 3 feet, per the Development Code; and d. Because of the reverse orientation of the applicant's property where his front yard at 9240 Archibald Avenue faces Archibald Avenue and the neighboring front yard at 9221 Jadeite Street faces Jadeite Street, the proposed wall will separate a front yard from a side/rear yard; and PLANNING COMMISSION RESOLUTION NO. 03-21 DRC2002-00958—JAMES ILSLEY February 12, 2003 Page 2 e. The homeowners/residents also operate a 'Bed and Breakfast,' conduct weddings, and hold other similar events at this location. Most of the outdoor activities occur in the rear yard, adjacent to the front yard of the property at 9221 Jadeite Street; and f. There is an existing wood fence 6 feet in height and extensive landscaping and trees along the rear(Jadeite Street)frontage of the applicant's property. These features,togetherwith the proposed wall, will screen the applicant's property completely as seen from Jadeite Street; and g. Jadeite Street, a north-south street, intersects with Deerbrook Street,an east-west street, and terminates behind the applicant's property, forming a 'knuckle.' Visibility of vehicles or pedestrians as seen from nearby driveways will not be compromised by the presence of the proposed wall; and h. The properties on the north, south, and west sides of the subject site are zoned Low Residential and are improved with one-story,single-family residences and attached garages. The properties across Archibald Avenue are zoned General Industrial District, Subarea 4, and is comprised of multi-tenant industrial/commercial complex. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts setforth in paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: Finding 1: That the 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. Fact/s: The Development Code recognizes the need for specific screening or safety purposes throughout the City and accommodates such requests through the review and approval of a building permit. Typically, such walls are limited to a height of 3 feet in the front yard setback and may be up to 6 feet in height in the rear yard setback. However, staff has determined that the 3-foot height requirement limits the applicant's privacy, as a wall of this height will not provide enough screening between his side and rear yards and the neighboring property to the north and Jadeite Street. Furthermore, the applicant's property is regularly used for weddings and other similar events. The proposed wall will reduce noise(for the neighbors) and increase privacy (for the applicant and his guests), providing an enhancement of the neighborhood. Finding 2: 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. Fact/s: The house on the subject property was constructed in 1904 and therefore pre-dates the residential development that surrounds it. The front yard faces Archibald Avenue and the rear yard faces Jadeite and Deerbrook Streets — neighborhood streets that were constructed as part of the residential development that now surrounds the applicant's property. As a result, its orientation is opposite that of the neighboring properties; i.e. the rear yard of the subject property adjoins the front yard and side yard of the neighboring PLANNING COMMISSION RESOLUTION NO. 03-21 DRC2002-00958 —JAMES ILSLEY February 12, 2003 Page 3 properties along Jadeite and Deerbrook Streets. This orientation is unique as no other homes in the immediate area have front yards that face Archibald Avenue. Finding 3: 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 zone. Fact/s: The purpose of the different wall height requirements is to address the different uses typical of front and rear yards. First, to prevent any view obstructing feature that would limit the full enjoyment of a front yard area,the maximum wall height is set at 3 feet. Secondly, to maximize privacy in the rear yard, the maximum wall height is set at 6 feet. Staff has reviewed the site and noted that adjoining properties with rear yards that face Archibald Avenue currently have 6-foot high walls to screen their rear yards from view. These walls are essentially in the front yard setback of the applicant's property. Therefore, these existing walls are providing ample rear yard screening that the applicant currently does not enjoy in his side/rear yard while effectively limiting visibility in his front yard. The proposed wall will resolve this discrepancy. Finding 4: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on the other properties classified in the same district. Fact1s: The purpose of the proposed 6-foot high block wall will be to allow the applicant the same level of privacy in his rear yard that is afforded to his neighbors in their back yards as a result of existing 6-foot high walls. In addition, the proposed wall will essentially complete the rear yard screening that is already partially provided by on-site landscaping and an existing 6-foot high wood fence. The applicant is requesting a wall with a height that, in any other typical circumstance, would be allowed in the rear yard setback and side yard. Finding 5: 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. Fact/s: One of the primary purposes of the 3-foot maximum wall height in the front yard setback is to allow one to safely see down the street or sidewalk when entering the street from the driveway. The properties adjoining the subject property will not have this problem because their driveways are about 30 feet from the proposed wall. Also, the intersecting alignments of Jadeite and Deerbrook Streets and their termination behind the applicant's property precludes the possibility of any safety concerns because any vehicle or pedestrian will be clearly visible. Finally, because of the existing landscaping that exists on the applicant's property that is well over 10 feet in height, the addition of a solid wall 6 feet high will be inconsequential. This wall will not negatively affect nearby properties or improvements nor will it negatively affect the public health, safety, or welfare. PLANNING COMMISSION RESOLUTION NO. 03-21 DRC2002-00958—JAMES ILSLEY February 12, 2003 Page 4 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below: Planning Division 1) Variance approval is for the construction of a 6-foot high block wall along the property line that separates 9240 Archibald Avenue and 9221 Jadeite Street within the 37-foot front yard setback of 9221 Jadeite Street. 2) Variance approval shall expire if building permits are not issued within 5 years of the date of approval. 3) Approval of this request shall not waive compliance with any sections of the City's Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) The design including, but not limited to, wall materials, colors, and finish shall match the walls approved through Minor Exceptions DRC2002-00619 and DRC2002-00780. Engineering Division 1) The proposed wall at Jadeite Street shall not encroach into the public right-of- way. The proposed wall can begin 6 inches behind the sidewalk (12 feet from the face-of-curb). 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2003. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA ,�,a. La T. i , Chairman ATTEST. Brad Bu creta 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 February 2003,by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 03-21 DRC2002-00958—JAMES ILSLEY February 12, 2003 Page 5 AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE