HomeMy WebLinkAbout91-35 - Resolutions RESOLUTION NO. 91-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
NO. 91-02 TO REDUCE THE BUILDING SETBACK FOR GARAGE
STRUCTURES NOS. 57 AND 58 FROM 22 FEET TO 19.38 AND 19.33
FEET RESPECTIVELY, WITHIN THE EXISTING TENTATIVE TRACT
13273, LOCATED AT THE SOUTHEAST CORNER OF MOUNTAIN VIEW
DRIVE AND MILLIKEN AVENUE IN THE MEDIUM RESIDENTIAL
DISTRICT (8-14 DWELLING UNITS PER ACRE) , AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 227-151-13.
A. Recitals.
(i) Western Properties has filed an application for the issuance of
a Variance No. 91-02 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 10th of April 1991, 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) On May 22, 1987, the Planning Commission adopted Resolution
No. 87-82 conditionally approving Tentative Tract Map No. 13273.
(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 April 10, 1991, 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
southeast corner of Milliken Avenue and Mountain View Drive with a street
frontage of 634.00 feet along Milliken Avenue, and 654.50 feet along Mountain
View Drive; and
(b) The property to the north and south of the subject site is
currently vacant, High Residential (24-30 dwelling units per acre) , the
property to the east is currently Medium Residential (8-14 dwelling units per
acre) , and the property to the west is currently vacant, Low-Medium
Residential (4-8 dwelling units per acre) .
PLANNING COMMISSION RESOLUTION NO. 91-35
VAR 91-02 - WESTERN PROPERTIES
April 10, 1991
Page 2
(c) The site is currently developed with 256 condominium units
with 30 garage structures and associated garages; and
(d) The application allows for a reduction in the 22-foot
street setback for garage structures no. 57 and 58 within the existing project
to 19.38 and 19.33 feet, respectively; and
(e) Special circumstances exist, in that, the garage structures
have been constructed and are used by residents within the project; and
(f) The existing skewed design is consistent with the
Commission's intent to provide streetscape variety.
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 subject to
each and every condition set forth below.
1) Of the seven Canary Island Pine trees located
adjacent to these two garages, replace in kind
any dead or dying trees, and replace the three
15-gallon size with minimum 24-inch box size.
2) Replacement planting shall be completed prior
to final release of the last building within
Tract 13273 or within 60 days, whichever occurs
first.
PLANNING COMMISSION RESOLUTION NO. 91-35
VAR 91-02 - WESTERN PROPERTIES
April 10, 1991
Page 3
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 1991.
PLANNING CO/ SION OF THE CITY OF RANCHO CUCAMONGA
P I
BY: / !_t a / ` -
L-rry T. cNiel, Chairman
ATTEST: „deatta�41111„/fGaagka.
Bra r, Wary
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 10th day of April 1991, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE