Loading...
HomeMy WebLinkAbout92-236 - Resolutions - (not approved) NOT~ RESOI/3TIC~NO. 92-236 A RESOI/]IIC~ OF ~E CITY C0%~CIL OF ~ CITY OF ~ g3CAM~r~, C~T.rmCSq/A, D~f/NG ~ME ~ ~ ~M ~ ~ ~~'S D~SI~ ~ D~ ~ ~. 92~2, A ~ ~ ~ ~ ~ ~~ ~E r.~ F~ A S~ ~.v ~ ~ ~ ~ ~~ DIE~ (2~ ~.r.~ ~ ~ ~), ~ ~ 10077 M: 1077~1~ (i) DaVid R. & Tamalyn R. Silva have filed an applicatic~ for the issuance of Variance No. 92-02 as described in the title of tb{- Resoluticm. the "application." (ii) On July 22, 1992, the Plar~Lir~ Ccmmdssion of the City of Cucamcrr3a conducted a duly notioed public hearing on the application and, following the conclusion of sa~d public hearing, adopted ]~esolution No. 92-95 thereby re3mmmmx~in~ to tb~ City Council that said applicatim be denied. (iii) ~he decision re~resented by said Planning Ccemission Resolution (iv) On ~ 2, 1992, the City Codicil of the City of Rancho Cucamc~ga ccraucted a duly noticed public hearir~ on the applicatic~ and concluaed said hearing on that date. (v) A~l lega~ m~zequisites pri~r to the ado~/m of this ~solution B. Resolution. N~q, ~EF~E, it is hereby found, determined, and resolved b~ the City Council of the City of Pancho O~_mo~qa as follows: 1. ~ Council hereby specifically finds that all of the facts set fcrth in the Recitals, Part "A," of this R~olution are true and correct. the above-referenced hearing on September 2, 1992, ir~lud/r~ written and staff reports, the minutes of the above-referenced Plannin~ C~massion meeting, and the contents of Planning Ccmmdssion Resolutio~ No. 92-95, together with public testimmy, this C~mcil bereb~ specifically firas as followm: (a) The application applies to property located at 10077 ~ Street with a street fr~ of 78 feet and lot depth of 112 feet and is presenUy immured with a single family h~e; and Resolutic~ No. 92-236 Page2 (b) ~e properties to the north, south, east, and west of the subject site cuntain single family homes; and (c) ~he applicant b~-~ constructed a carport incursistarfc with (d) The carpet stnzture is ~d~ck ~y 6 indms f~ the property line and the re~,~ed setback is 5 feet per Section 17.08.060A. d; and (e) ~he site is a typical rectangular single family lot; and (f) A reductic~ of the required setback frcm 5 feet to only 6 inches would be a special privilege not afforded to other property owners; and (g) ~he granting of tb~-~ variance w~uld mee__n setting a precedent for the entire City, negating the side yard setback reqn~~. 3. Based upon the sukstantial evidence presented to this Council ~=ing the above-~~ public ~rin~, and upon the ~cific f~ of facts set forth in par~ 1 and 2 above, this Council hereby fir~-~ and c~ncludes as follows: (a) ~hat strict or literal/nterpretatim and enforcemint of t_he specified regulatiels would not result in ~actical diffioalty or umlecessary physical hardship inconsistent with the objectives of the (b) Ihat there are no exueptic~al or extra~-dinary ciruumstancee or c~nditic~s applicable to the property involved or to the ~_ use of the property that do not apply generally to other properties (c) ~at strict or literal interpretation ara enforcement of the specified rec3ulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same dietriot. (d) ~hat the granting of the variance will constitute a grant of special privilege incunsistent with the ]{m{taticrs o~ other properties (e) ~hat the granting of the variance will be detrimental to the public health, safety, or welfare or materially injurious to properties or 4. ~he City (buncil of the City of Rancho ~ hereby denies the application. 5. ~ Council hereby provides notice to David R. & Tam~lyn R. Silva that the time within which judicial review of the decision represented by this Resolution ~ust be sought is governed by the ~-ovisic~s of Califcrnia Code of Civil Procedure Section 1094.6. Resolutim No. 92-236 ~ge3 7. The City Clerk of the City of Randm _~w-a~Ja is hereby directed to: (a) certify to the __~_i~ of this Rmolutim, and (b) forthwith transmit a certified copy of th{~ Resolution, by certified mail, rebam-~ipt requested, to David R. & Tamalyn R. Silva at the address identified in City records.