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HomeMy WebLinkAbout92-109 - Resolutions RESOLUTION NO. 92-109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 92-04 TO ALLOW A REDUCTION IN THE STREETSCAPE SETBACK FROM 35 FEET TO 26 FEET 6 INCHES AND THE REAR YARD SETBACK FROM 20 FEET TO 15 FEET 6 INCHES FOR AN ADDITION, LOCATED AT 8236 MATTERHORN COURT IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-851-44 A. Recitals. (i) Thomas A. Board has filed an application for the issuance of Variance No. 92-04 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 12th day of August 1992, 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 August 12, 1992, 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 8236 Matterhorn Court with a street frontage of 53 feet on Matterhorn Court and 164 feet on Hermosa Avenue and is presently improved with an existing single family residence; and (b) The property to the north of the subject site is residential, the properties to the south and east consist of single family residences, and the property to the west is Hermosa Avenue and a vacant lot; and (c) A majority of the homes along this portion of Hermosa Avenue are legally nonconforming with respect to the required rear yard and streetscape setbacks; and PLANNING COMMISSION RESOLUTION NO. 92-109 VAR 92-04 - THOMAS A. BOARD August 12, 1992 Page 2 (d) The configuration of the lot makes it impossible to construct the desired addition without requiring a variance; and (e) The addition will meet or exceed the setback of the existing residence. 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 the following condition: 1) The design of the building elevations shall be subject to the review and approval of the City Planner. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 1992. PLANNING CO . ISSION OF THE CITY OF RANCHO CUCAMONGA BY: au/at.4 . /,L e?' Larr . McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 92-109 VAR 92-04 - THOMAS A. BOARD August 12, 1992 Page 3 ATTEST: S. 'IiA j :rad Mr, •ecre =ry 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 12th day of August 1992, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY,'VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA