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HomeMy WebLinkAbout90-140 - Resolutions RESOLUTION NO. 90-140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 90-11 FOR A FREE-STANDING DECORATIVE ARCH WITHIN THE FRONT YARD SETBACK LOCATED AT 10482 ALMOND STREET IN THE VERY LOW RESIDENTIAL DISTRICT (1-2 DWELLING UNITS PER ACRE) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-121-26 A. Recitals. (i ) Fidelity Construction has filed an application for the issuance of a Variance No. 90-11 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 14th of November 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 November 14, 1990, 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 10482 Almond Street with a street frontage of 122 feet and lot depth of 185 feet and is presently improved with a single family residence; and (b) The property to the north of the subject site is vacant, 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. (c) The application contemplates the construction of an arch, 13 feet high and 16 feet wide, to frame the front yard entry door and encroaching 9 feet into the required front yard . PLANNING COMMISSION RESOLUTION NO. 90-140 VAR 90-11 - FIDELITY CONSTRUCTION November 14 , 1990 Page 2 (d) The existing house is plotted at the 37-foot minimum front yard setback permitted within the Very Low Residential District. (e) The subject site is approximately 22,500 square feet in area with a rear yard depth of approximately 110 feet from the back of the house to the rear property line. ( f) The arch is designed as a free-standing, decorative architectural element to frame the front entry and is not necessary for structural support of the house, nor is it necessary to meet any City regulation or guideline. (g) All other properties in the surrounding neighborhood conform to the front yard setback requirements. 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. (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 subject to each and every condition set forth below. 5 . The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 90-140 VAR 90-11 - FIDELITY CONSTRUCTION November 14 , 1990 Page 3 APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 1 BY: /∎/ _ . Larry T r Niel , Ch. 'rman ATTEST: /icej Br. . ' W I , :rad 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 14th day of November 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE