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HomeMy WebLinkAbout92-149 - Resolutions RESOLUTION NO. 92-149 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING - VARIANCE NO. 91-11, A REQUEST TO REDUCE THE REQUIRED MINIMUM REAR LOT DEPTH FROM 90 TO 65 FEET FOR ONE LOT WITHIN A PROPOSED 20 LOT SUBDIVISION IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) , LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-091-08. A. Recitals. (i) Walter Hu has filed an application for the issuance of Variance No. 91-11 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 9th day of December 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 December 9, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to a triangle-shaped property located on the north side of San Bernardino Road, east of Vineyard Avenue with a San Bernardino Road frontage of 375.81 feet and maximum lot depth of 780.93 feet and is presently unimproved; and (b) The property to the north of the subject site is an existing single family subdivision, the property to the south of that site consists of an existing shopping plaza, the property to the east is single family residential, and the property to the west is single family residential and vacant property zoned for future office development; and PLANNING COMMISSION RESOLUTION NO. 92-149 VAR 91-11 - HU December 9, 1992 Page 2 (c) A Variance for the minimum lot depth for Lot 7 within Tentative Tract 14405 is needed due to the method of determining lot width as defined in the Development Code, Section 17.02.140, whereby lot depth is defined as "the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line." In applying this definition, the depth for Lot 7 is measured in a shallow portion of the lot; and (d) The reduced lot depth on Lot 7 is due to the unusual shape of the subject site and the City Standard offset cul-de-sac bulb along the frontage of this lot. The offset cul-de-sac shape and size is necessary to satisfy fire safety and circulation requirements for Tentative Tract 14405; and (e) Lot 7 meets all other minimum Code criteria such as, but not limited to, lot area, building setbacks, lot coverage and usable flat rear yard area; and (f) The house portion of Lot 7 exceeds the required 90-foot lot depth. 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. 92=149 VAR 91-11 - HU December 9, 1992 Page 3 APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 1992. PLANNING COISSION OF THE CITY OF RANCHO CUCAMONGA BY: /II - i s_ t f / .. Ir Larry, 'el, C - ' .w an `1 i ATTEST: AddL____ acall Brad Mir, Se / 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 9th day of December 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE