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HomeMy WebLinkAbout87-17 - Resolutions RESOLUTION NO. 87-17 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION DENYING VARIANCE NO. 86-08 TO WAIVE THE MAXIMUM HEIGHT REQUIREMENT FOR AN ANTENNA LOCATED AT 5327 CAROL AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT A. RECITALS (i ) On December 7, 1983, the City Council of the City of Rancho Cucamonga adopted Ordinance 211 providing for the regulation of antennas. (ii ) On November 14, 1986, an application was filed and accepted on the above-described project. (iii ) On January 28, 1987, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. B. RESOLUTION NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: 1. This Commission hereby specifically finds that all 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 January 28, 1987 hearing, including the written Staff report, and the written, signed and verified application of the applicant, this Commission hereby specifically finds as follows: a. The application applies to property located at 5327 Carol Avenue on a lot presently improved with a house, garage and a 50 foot radio antenna; b. The property and surrounding properties are in the Very Low Residential District; c. The existing 50 foot radio antenna does not comply with the 35 foot height limit when not in use (unextended) as measured from ground level as required by Development Code Section 17.08.0601. Further, the application requests to extend the antenna height to 70 feet; Resolution No. VARIANCE 86-08 January 28, 1987 Page 2 d. The existing 50 foot radio antenna was erected without proper permits for the footings prior to construction. 3. Based upon substantial evidence presented to this Commission during the above-referenced January 28, 1987 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 regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are no 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. 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. 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. 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. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Commission hereby denies the application. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY, 1987. PLANNING CO . e . CITY OF RANCHO CUCAMONGA BY: 1111! I : . Davis � :ar e• ° a rman• ATTEST: A-.G■0,Li :r. . ':'^suer, trpu y ecre'sa`ry�� 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 meld on the 28th day of January, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, CHITIEA, BARKER, r1CNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE •