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HomeMy WebLinkAbout90-87 - Resolutions RESOLUTION NO. 90-87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 90-03 TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 15 FEET TO 13.15 FEET, LOCATED AT THE NORTHEAST CORNER OF COMISO WAY AND LARINO DRIVE IN THE LOW-MEDIUM RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-712-39. A. Recitals. (i ) Covington Homes has filed an application for the issuance of a Variance No. 90-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." ( ii ) On the June 27, 1990, 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 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 June 27, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows : (a) The application applies to property in the Low-Medium Residential District located at the northeast corner of Comiso Way and Larino Drive, with a street frontage of 129.33 feet and lot depth of 60.90 feet and is presently improved with street, curb, and gutter; and (b) The property to the north of the subject site is future single family, the property to the south of that site consists of future single family, the property to the east is future single family, and the property to the west is future single family. (c) The application contemplates the construction of a house setback 13.15 feet from the rear property line which encroaches into the 15-foot setback required in the Medium Residential District. PLANNING COMMISSION RESOLUTION NO. 90-87 VA 90-03 - COVINGTON HOMES June 27 , 1990 Page 2 (d) The subject property is a corner lot of unusual shape. This shape, combined with the front yard setbacks required, creates an encroachment of 1 .85 feet, that is under 5 square feet in area in comparison to a total rear yard area of approximately 935 square feet. (e) Only the extreme northeast corner of the home encroaches into the required setback; the remainder of the home exceeds the setbacks. (f) The square footage of the lot is greater than most others in the tract and helps to mitigate the reduced setback. (g) The separation between homes on Lots 39 and 40 is 5 feet greater than the minimum separation required. 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 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 paragraphs 1 , 2, and 3 above, this Commission hereby approves the application. 5 . The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 90-87 VA 90-03 - COVINGTON HOMES June 27 , 1990 Page 3 APPROVED AND ADOPTED THIS 27TH DAY OF JUNE, 1990. PLANNING CO>! SSION OF THE CITY OF RANCHO CUCAMONGA BY: igliOir CDG. _ ' _/ arry , cNiel , oilman. ATTEST: tgaric— Bra. Bul Zr, 'ary 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 27th day of June, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER NOES: COMMISSIONERS : NONE ABSENT: COMMISSIONERS: TOLSOTY, WEINBERGER