HomeMy WebLinkAbout92-242 - Resolutions RESOI/]/IC~ NO. 92-242
A RESOLUTIC~ OF I~E CITY ~ OF ~{E CITY OF RANC}]0
(IEAMC~GA, CALIFCSqA, UPPKEDIN3 ~ME APPEAL AND APPROVING
VARIANCE NO. 92-02, PaIEING ~E ~ INTMRIC~ SIDE
DISTRICT (2-4 DW~LTNG []qlTS P~R ALOE), ~ AT 10077
APN: 1077-04164
(i) D~vid R. & Tamalyn R. Silva have filed an applicatic~ fur the
issuarr~ of Variance No. 92-02 as described in the title of the- Resolution1.
the "application."
(ii) (m July 22, 1992, the P~ Cc~mnission of the City of Ranc~o
Cucamunga cunducted a duly noticed public hearing c~ the applicatic~ and,
following the cc~clusic~ of said ~ublic hearing, ~ Resolutic~ No. 92-95
(iii) ~he decisic~ re~rese~ted by said Planning C~a~issic~ Resolutic~
was timely appealed to this Council.
(iv) ~ ~~r~ 2 ~ ~ to ~ 16, 1992, Um city
Council of the City of Rancho O~wm~m~ga __n~-~___w~ad duly noticed public hearinC~
(v) All legal prerequ{~itee prior to the __~___~cic~ of this Resolutic~
B. Resolution.
City Council of the City of Rancho (XEmmurr3a as follows:
1. ~ C~uncil hereby specifically firas that all of the facts set
the above-referexmd hearings on SepUmb~ 2 and S~a~er 16, 1992, i~ludi~
written and oral staff re~xEte, the mirafees of the above-~~ Plannin~
Oremission meeting, and the contents of Plannirr/(l~assion Resolution No.
92-95, t~eumr with public U~dmmy, ~- C~mci~ hemb~ ~ecific~y fi~s
as follows:
(a) ~e applicatiun applies to property located at 10077
~ Street with a street ~ of 78 feet and lot depth of 112 feet
and is p~se.Uy improved with a si.g~e f~i~y h~; a~
(b) ~e properties to the n~rth, south, east, and west of the
subject site contain single family barnes; and
Resolutic~ No. 92-242
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(c) ~he applicant has ccr~tructed a carpurr that is setback 6
inches frm the~ line; and
(d) Because of the lack of official records, the City is unable
to verify cr ~ the a~plicant's recurds, showing sees form of City
authcrizatic~ fcr the cc~structic~ of the carport to he 6 inches free the
property line at the cloeest point; and
(e) ~e immediate easterly property owner was present at the
the locatic~ of the ~ structure and he ~ fully that the east
elMtim of the carport structure will be a stucco solid ~rall; and
(f) ~he locatic~ of the street light pole and
applicant cannot fully utilize b~-~ side yard; and
(g) Because of the unusual c~, the grantin~ of
~ri.~ the abM-~~ public ~arin~, and u~m the ~cific findin~ of
facts set forth in para~Ta~ls 1 and 2 above, this Council he~-eby finds and
concludes as foll~s:
(a) ~hat strict cr literal inter~atim and enforcerant of
the specified rec3ulatic~ would result in practical difficulty cr m~eceesary
physica~ bardship inc~iste.t with the ~bjectives of the Dev~c~mmt Code.
(b) ~hat there are eEe~d~ ~r extra~dinary c~
cr cu~ditic~s a[~licable to the propert7 involved cur to the intarr]ed use of
district.
(c) ~hat strict cr literal interpretatic~ and enfcTe~ent of
the specified regulatic~ w~ald deprive the applicant of privileges e~joyed by
(d) ~hat the gantin~ of the variance will not ccretitute a
grant of s~ecial privilege incc~~ with the limitatic~s c~ other
prc~rties classified in the same a{-~trict.
(e) ~at the grantin~ of the variance win not be detr~
to the public heelth, safety, cur welfare cr materially injurious to properties
4. ~e city council of the City of Rmx~o Cucam~ here~
Variance No. 92-02, subject to the follc~ir~ ccrrliticr~:
Reeolutic~ No. 92-242
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Plalmi/~ Divisim
View-o~stnEtive fencin~ and/or gates shall be
provided to screm the st/~Je of the boat,
1) ~he applicant shall subnit tmilding plans
permits, and pay the fees.
2) ~he applicant shall correct and complete the
omstructic~ of the carport within 45 days of
the date of the adoptic~ of this resolution.
5. ~b~-~ Council hereby provides notice to David R. & Tumalyn R.
Silva that the time within which judicial review of the decisic~ re~reee~ced
Code of Civil PrDcedure Secti~l 1094.6.
6. ~e city Clerk of the City of Rancho Oxmmm~ is hereby
directed to: (a) certify to the ad~W/m of this ~solutim, and (b)
forthwith transmit a certified copy of this Resolution, by certified ma~l,
return-receipt requested, to David R. & Tam~]yn R. Silva at the address
PASSe), APPROV~), and ADOPTE) this 16th day of September, 1992.
NOES: None
lq~soluticm No. 92-242
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I, D~I{~A J. ~, (IEIY ~.~K of t~ City of
California, ~ ~ ~ ~t ~ f~~ ~l~m
~, ~ ~ ~ ~ ~ ~~ of ~ ci~ of
~~, at a ~ ~ of ~ ~ ~il ~ m ~ 16~ ~y of
~, 1992.
'~ ~ 17~ ~y of ~, 1992, at ~ ~~,
' ~L,-~ J. , '~C '