HomeMy WebLinkAbout93-39 - Resolutions RESOLUTION NO. 93-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
NO. 93-04 TO ALLOW A REDUCTION IN THE SIDE YARD SETBACK
FROM 10 FEET TO 5 FEET FOR AN ADDITION LOCATED AT 8593
LEMON AVENUE IN THE LOW RESIDENTIAL DISTRICT (2-4
DWELLING UNITS PER ACRE) , AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 1062-461-07.
A. Recitals.
(i) Richard Nero has filed an application for the issuance of
Variance No. 93-04 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 26th day of May 1993, 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 May 26, 1993, 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 8593 Lemon
Avenue with a street frontage of 94 feet and lot depth of 115 feet and is
presently improved with a single family residence and a partially constructed
shed; and
(b) The properties to the north, south, east, and west of the
subject site are single family homes; and
(c) A number of properties in the area have accessory
structures or additions which encroach into the required side yard setbacks;
and
PLANNING COMMISSION RESOLUTION NO. 93-39
VAR 93-04 - NERO
May 26, 1993
Page 2
(d) One neighboring subdivision was developed at a time when
only 5-foot setbacks were required on each side; and
(e) The proposed shed addition will be designed to match the
existing structure and will be partially screened from the street by an
existing block wall; and
(f) The proposed shed addition is adjacent to the neighbor's
garage and will not cause a significant impact.
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) The shed addition shall not be expanded beyond
the size approved by this Resolution and any
future structures shall be located within the
required setbacks.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 93-39
VAR 93-04 - NERO
May 26, 1993
Page 3
APPROVED AND ADOPTED THIS 26TH DAY OF MAY 1993.
PLANNING CP, ISSION OF THE CITY OF RANCHO CUCAMONGA
BY: `1/a/. �" 1/s
Larrfi cNiel, C airman
0010:7 "Ire'
ATTEST:
B -d B /erliggr 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 26th day of May 1993, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY, VALLETTE