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HomeMy WebLinkAbout87-24 - Resolutions RESOLUTION NO. 87-24 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 87-01 TO REDUCE MINIMUM FRONT YARD SETBACK FROM 37 FEET TO 31 FEET FOR LOT 6 AND FROM 37 FEET TO 27 FEET FOR LOT 5 FOR TRACT 11577 LOCATED ON THE WEST SIDE OF TURNER AVENUE, SOUTH OF BASELINE ROAD AT IRONWOOD STREET IN THE LOW RESIDENTIAL DISTRICT - APN 1077-041-58 A. RECITALS (i ) WHEREAS, on the 23rd day of January, 1987, an application was filed and accepted on the above-described project; and (ii ) WHEREAS, on the 25th day of February, 1987, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. (iii ) WHEREAS, on the 7th day of December, 1983, the City Council of the city of Rancho Cucamonga adopted Ordinance 211 establishing setback requirements for residential districts. 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 February 25, 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 lots 5 and 6 of Tract 11577 which is located on the west side of Turner Avenue at Ironwood Street; b. The subject properties are located in the Low Residential District. The surrounding properties to the north, west and east are also in the Low Residential District. The surrounding properties to the south are in the Low-Medium Residential District; c. The required 37 foot average front yard setback cannot be achieved using the approved floor plans and still maintain the required 15 foot minimum usable rear yard area; PLANNING COMMISSION RESOLUTION NO. VARIANCE 87-01 - LANE February 25, 1987 Page 2 d. The creation of sub-standard front yard setbacks of 27 feet (Lot 5) and 31 feet (Lot 6) results from the strict interpretation of the Development Code. Tract 11577 was approved under Resolution 80-72 with average 25 foot front yard setback (from property line) prior to the adoption of the Development Code. The Development code requires a 37 foot average front yard setback (from curb face) which may vary ±5 feet; e. Existing surrounding properties all have an average 25 foot front yard setbacks from property line (37 feet from curb). f. 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 properties in the immediate vicinity. 3. Based upon substantial evidence presented to this Commission during the above-referenced February 25, 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 result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. 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. c. 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 district. d. That the granting of the Variance will not 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 not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. VARIANCE 87-01 - LANE February 25, 1987 Page 3 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 above, this Commission hereby approves Variance 87-01. APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 1987. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �'/grNup. G -� , arry 'c`ie , 'ice airman ATTEST: ;I�limli'' : " .0 er, 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 25th day of February, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: TOLSTOY, EMERICK, CHITIEA, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARKER