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HomeMy WebLinkAbout86-99 - Resolutions RESOLUTION NO. 86-99 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 86-04 TO ALLOW REDUCING THE CORNER SIDE YARD SETBACK FROM 10-FEET TO 7-FEET, AND TO REDUCE THE FRONT YARD SETBACK FROM 18-FEET TO 14-FEET SIX- INCHES, LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AND HIGHLAND, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT. APN: 201-252-23, 25, 26. A. Recitals. (i ) PETER LADEN has filed an application for the issuance of a Variance, No. 86-04, described above in the title of this Resolution. Hereinafter in this Resolution, the subject variance request is referred to as the application". (ii ) On July 9, 1986, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the application, and said public hearing was concluded prior to the adoption of this Resolution. (iii ) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is 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 July 9, 1986, hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a) The application applies to a 9.75 acre parcel in the Low- Medium Residential District (4-8 du/ac), located on the northeast corner of Archibald and Highland Avenue; b) The properties to the north, east and west of the subject site are presently designated for residential uses with west properties are currently developed with single-family dwellings. The property to the north and east of the subject site is designated for residential uses and is currently vacant; PLANNING COMMISSION RESOLUTION July 23, 1986 VA 86-04 Page 2 c) The application has been submitted to allow the reduction of the corner side yard setback from 10-feet to 7-feet for Lots 1, 57, and 77 and to reduce the front yard setback from 18-feet to 14-feet six-inches for Lots 55, 56, and 78 contrary to the requirements of Section 17.08.040 of the Rancho Cucamonga Development Code requiring front yard and corner side yard setbacks within the Low-Medium District to have a front yard setback of 18-feet and corner side yard of 10-feet. d) The variance as specified in the application will not contradict the goals or objectives of the Rancho Cucamonga General Plan or Development Code and will not promote a detrimental condition to the persons or property in the immediate vicinity of the subject site for the reasons as follows: (i ) The project (Tract 12914) has a greater street radius standards of 35 feet, which is larger than City Standard of only 27 feet enjoyed by other projects in the same district. (ii ) Recordation of an addendum to the CC&R which would restrict any parking in the driveways in a manner that would obstruct the sidewalks and curbs as well as providing those homeowners with a setback of less than 18 feet with a garage door opener. (iii ) Strict and literal interpretation and enforcement would deprive privileges enjoyed by other developments within the same district whereby setbacks as small as 8 feet, 10 feet and 12 feet were approved and units built. (iv) At the above-referenced July 9, 1986 public hearing, no public testimony was set forth in opposition to the application. 3. Based upon the substantial evidence presented to this Commission during the above-referenced July 9, 1986 public hearing, and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Commission hereby finds and concludes as follows: a) The strict or literal interpretation and enforcement of the specified regulation would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; b) 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) The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties in the same district; i 1d) The granting of the subject Variance will not constitute a specialieariviledesainCon inconsistent smith the limitations on other properties PLANNING COMMISSION RESOLUTION July 23, 1986 VA 86-04 Page 3 e) The granting of the subject 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, 3 and 4 above, this Commission hereby approves the application with the following conditions: a) Provide automatic garage door openers for units with a front set back of less than 18 feet (as measured from back of sidewalk). b) Provide 2 foot high return wall and extensive landscaping along the curb radius and side yard of Lots 57, 77, 66, and 67. c) Record addendum to the CC&R' s that would restrict parking in the driveways for Lots 1, 57, 77 in a manner that would obstruct the sidewalks and curbs. (d) Provide full front yard landscaping for Lots 1, 55, 56, 57, 77 and 78 subject to the City Planner' s approval . APPROVED AND ADOPTED THIS 23RD DAY OF JULY, 1986. PLAN COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: p/}lAUlia Dennis L. Stou , C irman ATTEST: ",_/a�� ��/ rad :u • , iepu y ecre ary I, Brad Buller, Deputy 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 23rd day of July, 1986, by the following vote-to-wit: AYES: COMMISSIONERS: REMPEL, MCNIEL, CHITIEA, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARKER