HomeMy WebLinkAbout90-43 - Resolutions RESOLUTION NO. 90-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 90-01
TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING TO
ENCROACH INTO THE REQUIRED INTERIOR SIDE YARD SETBACK BY
FIVE (5) FEET LOCATED AT 9817 FERON BOULEVARD IN THE LOW
RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 209-063-03
A. Recitals .
( i) Aerial Vera has filed an application for the issuance of the
Variance No. 90-01 as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Variance request is referred to as "the
application" .
( ii) On March 14, 1990, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and continued the item to the March 28th regular meeting.
(iii) On March 28, 1990, the Planning Commission concluded said
hearing.
( iv) All legal prerequisites prior 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 March 28, 1990, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows :
(a) The application applies to vacant property located at 9817
Feron Boulevard with a street frontage and lot width of 35 feet and lot depth
of 160 feet which is non-conforming to Development Code requirements of a
minimum frontage of 40 feet and lot width of 65 feet; and
(b) The property to the north of the subject site is a single
family residence, the property to the south of that site consists of a single
family residence, the property to the east is a single family residence, and
the property to the west is a single family residence.
PLANNING COMMISSION RESOLUTION NO. 90-43
VA 90-01 - VERA
April 11 , 1990
Page 2
(c) The application contemplates the construction of a two-
story single family dwelling with 5-foot side yard setbacks contrary to the
requirements of Section 17 .08.040.8 of the Rancho Cucamonga Development Code
which provides for 5- and 10-foot side yard setbacks.
(d) The majority of the properties in the surrounding
neighborhood comply with the required 5- and 10-foot side yard setbacks;
(e) The variance as specified in the application would
contradict the objectives of the Development Code for the following reasons :
( i) The application as submitted would be incompatible
with the character of properties in the surrounding neighborhood which comply
with the required 5- and 10-foot side yard setbacks ;
(ii ) The application as proposed contemplates the
construction of a two-story single family dwelling with side yard setbacks
less than required by development standards which would be contrary to the
general design guidelines to provide an element of openness;
( iii) The proposed building placement would be
incompatible with the surrounding area due to the lesser setback proposed
which does not relate to the two-story scale of the proposed building.
( f) The staff report dated March 28, 1990 presented several
alternative house plottings which could comply with the required side yard
setbacks ;
(g) No evidence was presented by the applicant, or on behalf
of the applicant, to support the granting of the subject variance request.
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 paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows :
(a) That strict or literal interpretation and enforcement of
the specified regulations 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.
PLANNING COMMISSION RESOLUTION NO. 90-43
VA 90-01 - VERA
April 11 , 1990
Page 3
(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.
5 . The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF APRIL, 1990.
PLANNING COM `SSION OF THE CITY OF RANCHO CUCAMONGA
iOr
BY: �_ d_ _ / c
T. McNi • , Chai man
dr
ATTEST: .
Bra. : cretary
I , Brad Buller, 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 11th day of April , 1990, by the following vote-to-wit:
AYES: COMMISSIONERS : BLAKESLEY, MCNIEL. WEINBERGER
NOES : COMMISSIONERS: NONE
ABSENT: COMMISSIONERS : CHITIEA, TOLSTOY