HomeMy WebLinkAbout94-36 - Resolutions RESOLUTION NO. 94-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
NO. 94-02 TO CONSTRUCT A 6-FOOT HIGH SOLID FENCE WITHIN
THE REQUIRED FRONT YARD SETBACK OF AN EXISTING SINGLE
FAMILY RESIDENTIAL PARCEL IN THE VERY LOW RESIDENTIAL
DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE) , LOCATED
AT 5333 HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 1074-231-08.
A. Recitals.
1. Jaime and Donnasue Ortiz have filed an application for the
issuance of Variance No. 94-02 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Variance request is referred to as
"the application."
2. On the 27th day of April 1994, 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.
3. 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 27, 1994, 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 5333 Hermosa
Avenue with street frontages of 185 feet along Hermosa Avenue and lot depth of
106 feet along Vista Grove Street and is presently improved with a single
family residence; and
b. The property to the north, south, and east of the subject
site is zoned for residential uses and is developed with single family homes
and the property to the west is zoned for residential uses and is vacant; and
c. The Development Code identifies the front of a corner lot as
the shorter of the two street frontages. Vista Grove Street, with the 106-
foot frontage, is the front of the lot and Hermosa Avenue, with the 185-foot
frontage, is the corner side yard; and
PLANNING COMMISSION RESOLUTION NO. 94-36
VAR 94-02 - ORTIZ
May 11, 1994
Page 2
d. The Development Code allows for the installation of 6-foot
high fences within the required front yard setback provided such fences are
constructed with at least 90 percent of the top 3 feet of their vertical
surface open and non-viewing obscuring; and
e. When the residence was constructed in the 1950's, the house
was designed to face Hermosa Avenue. At the time of the house construction,
Vista Grove Street did not exist and the front of the parcel was along Hermosa
Avenue. The north property line was an interior side yard and did not have
street frontage; and
f. In 1987, the Planning Commission approved Tentative Tract
13644 for the development of 24 single family lots. The subject property was
included within the tract boundaries; and
g. The developer of Tentative Tract 13644, as a condition of
approval, dedicated and constructed Vista Grove Street. With the construction
of the street, the subject parcel was changed from an interior lot to a corner
lot. The access to and orientation of the house, however, remained off of
Hermosa Avenue; and
h. The site is unique compared to other properties in the
vicinity and under similar zoning designations. The orientation of the house
towards Hermosa Avenue results in the rear of the house being set back 15 feet
from the property line. The primary private open space areas are to the sides
of the house rather than the rear of the house; and
i. If the front of the parcel was along Hermosa Avenue, a corner
side yard fence could be constructed on the property line, consistent with the
application.
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.
PLANNING COMMISSION RESOLUTION NO. 94-36
VAR 94-02 - ORTIZ
May 11, 1994
Page 3
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.
APPROVED AND ADOPTED THIS 11TH DAY OF MAY 1994.
IIIPLAN(010 0 P SSION OF THE CfiY •F RANCHO CUCAMONGA
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ATTEST: ✓y � �
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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 11th day of May 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL