HomeMy WebLinkAbout88-148 - Resolutions RESOLUTION NO. 88-148
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
APPROVING VARIANCE NO. 88-10 TO REDUCE THE SIDEYARD
SETBACK FROM TEN FEET TO SIX FEET ONE INCH FOR LOT 9 OF
TRACT 13058, AN APPROVED TRACT IN THE MEDIUM RESIDENTIAL
DISTRICT OF THE VICTORIA PLANNED COMMUNITY LOCATED ON THE
WEST SIDE OF FAIRMONT WAY, SOUTH OF HIGHLAND AVENUE
APN: 202-881-44
A. Recitals.
(1 ) Pulte Home Corporation has filed an application for the
issuance of the Variance No. 88-10 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Variance request is
referred to as "the application".
(ii ) On July 27, 1988, 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 July 27, 1988, 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 11103
Charleston Street with a street frontage of 46.04 feet and average lot depth
of 102.2 feet and is presently improved with a single family "zero lot line"
residence and necessary street and property improvements; and
(b) The application has been submitted to request the
reduction of the sideyard setback from 10 feet to 6 feet 1 inch for Lot 9 of
Tract 13058 contrary to the requirements of the Victoria Community Plan
requiring sideyard setbacks for zero lot line products to be zero feet on one
side and ten feet on the usable side.
PLANNING COMMISSION RESOLUTION NO.
PULTE HOME CORPORATION
July 27, 1988
Page 2
(c) 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 lot for the following
reasons:
(i ) The relocation of the completed structure would result in
a practical difficulty for parties involved.
(ii ) The decreased setback does not effect the streetscape or
any public right-of-way where it would be perceived as
detrimental to the goals and objectives of the community.
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 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.
4. Based upon the findings and conclusions set forth in paragraph
1, 2 and 3 above, this Commission hereby approves the application subject to
the following condition:
(1) Prior to occupancy of Lot 9 and Lot 10, the applicant shall
process a lot line adjustment to create a "zero lot line"
condition on Lot 9 and eliminate the narrow triangular
space between the house on Lot 9 and the property line.
PLANNING COMMISSION RESOLUTION NO.
PULTE HOME CORPORATION
July 27, 1988
Page 3
(2) The rear yard of Lot 9 shall be landscaped and irrigated
with trees, shrubs and groundcover prior to occupancy of
the last home in Tract 13058. Detailed plans shall be
approved by the City Planner.
(3) The production wood fence shall be constructed from the
southernmost corner of the house on Lot 9 out to the
interior side lot line and thence back to the rear lot
line.
5. The Deputy Secretary to this Commission shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988.
PLANNING COMMSSION OF THE CITY OF RANCHO CUCAMONGA
BY: I/ _ . , /J • .
a y _, airman
ATTEST: SCA„ardita
:ra.•:ly'-r, +epu 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 27th day of July, 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EMERICK, TOLSTOY