HomeMy WebLinkAbout88-02 - Resolutions RESOLUTION NO. 88-02
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING VARIANCE NO. 87-16 TO INCREASE THE HEIGHT OF AN
APARTMENT BUILDING FROM ONE STORY TO TWO STORIES WITHIN
100 FEET OF ADJOINING SINGLE FAMILY RESIDENCES FOR A
PROPOSED 20 UNIT APARTMENT PROJECT ON 1. 16 ACRES OF LAND
IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT ( 14-24 DWELLING
UNITS PER ACRE) LOCATED AT THE TERMINUSES OF SIERRA MADRE
AVENUE AND MAIN STREET - APN 207-251-22
A. Recitals.
(i ) Peter Bon has filed an application for the issuance of the
Variance No. 87-16 as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Variance request is referred to as "the
application".
(ii ) On December 9, 1987, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date.
(iii ) All legal prerequisites to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby 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 public hearing on December 9, 1987, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to property located at the
terminuses of Sierra Madre Avenue and Main Street with a street frontage of
142 feet along Sierra Madre and a lot depth of 240 feet and is presently
unimproved; and
(b) The property to the north of the subject site is
designated for multi-family uses and is developed with a single family
residence. The property to the south is owned and operated by the Atchison
Topeka and Santa Fe Railroad. The property to the east is designated and
developed with single family residences. The property to the west is
designated for multi-family use and is developed with a condominium project;
and
PLANNING COMMISSION RESOLUTION NO. 88-02
VARIANCE 87-16 - BON
January 13, 1988
Page 2
(c) The application has been submitted to increase the height
of an apartment building from one story to two stories within 100 feet of
adjoining single family residences contrary to the requirements of Section
17.08.040-B of the Rancho Cucamonga Development Code; and
(d) The variance as specified in the application would
contradict the objectives of the Rancho Cucamonga Development Code and
approval of the application would adversely effect the health, safety and
welfare of persons living in the immediate vicinity for the following reasons:
(i ) The Code requirement limiting multi-family
developments to one story in height within 100
feet of the Low Residential Districts is
intended to provide a density transitional area
from the single family to the multi-family
developments.
(ii ) The Code requirement limiting attached products
adjacent to existing one story, single family
developments to one story in height is intended
to provide greater privacy for single family
residences and general land use compatibility.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraph 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 not 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.
PLANNING COMMISSION RESOLUTION NO. 88-02
VARIANCE 87-16 - BON
January 13, 1988
Page 3
(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 paragraph
1, 2 and 3 above, this Commission hereby denies the application subject to
each and every condition set forth below.
5. The Deputy Secretary to this Commission shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY, 1988.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: ' 4. 2 h1
anry . 'car' /, aim. .
ATTEST: ��ii���� '
:ra, :100r-r 'tea" 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 13th day of January, 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: TOLSTOY, CHITIEA, BLAKESLEY, EMERICK, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE