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HomeMy WebLinkAbout95-37 - Resolutions RESOLUTION NO. 95-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO.95-03 TO REDUCE THE REQUIRED PARKING SPACES FROM 20 TO 16 SPACES, REDUCE THE PARKING SETBACK ON ESTACIA COURT FROM 25 TO 15 FEET, AND REDUCE THE SIDE YARD SETBACK FROM 15 TO 5 FEET FOR THE PROPOSED PARKING IMPROVEMENTS ON 0.4 ACRE OF LAND IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND ESTACIA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 208-153-01 AND 02. A. Recitals. 1. Yong Cha Gonzales has filed an application for the issuance of Variance No. 95-03 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 13th day of September 1995, 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 September 13, 1995, 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 southwest corner of Archibald Avenue and Estacia Court with a street frontage of 234 feet and lot depth of 119 feet and is presently improved with 1,500 square feet single family house and a 3,528 square feet commercial building; and b. The properties to the north, west and south are existing commercial buildings and single family residences and the property to the east is an existing commercial center; and c. The site is unique and unusual because it contains a City's Historic Landmark, consists of two lots with the dimensions of 65 feet by 135 feet and 64 feet by 119 feet, and has no on-site parking; and d. The strict application of the 15-foot side yard and 25-foot parking setbacks, and the 20 required parking spaces would result in physical hardship because it would limit the yield of parking spaces for the proposed improvements in the back of the two buildings; and e. The strict application of the setbacks and parking codes would deprive the applicant full use of the properties because of the lack of on-site parking; and PLANNING COMMISSION RESOLUTION NO. 95-37 VAR 95-03 - GONZALES September 13, 1995 Page 2 f. The approval of the Variance would not constitute a grant of special privilege because sites with similar conditions have been granted the same types of variances. 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. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995. PLANNING C•, ,ITS THE CITY OF RANCHO CUCAMONGA BY: �1�van� E.'Brkillarman ATTEST: 4 - -_ Brad Tar Tir I, = ad 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 13th day of September 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY