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HomeMy WebLinkAboutPC Resolution _4696- Case 6.441RESOLUTION NO. 4696 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VARIANCE REQUEST(NO.6.441) TO REDUCE THE REQUIRED FRONT YARD BUILDING SETBACK FROM 25 FEET TO 14 FEET IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A 616 SQ. FT. PATIO COVER THAT ENCROACHES 11 FEET INTO THE REQUIRED FRONT YARD BUILDING SETBACK IN CONJUNCTION WITH AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 271 W. LILLIANA DRIVE, R-1-B ZONE, SECTION 27. WHEREAS, Diane D. Stone (The "applicant") has filed an application with the City of Palm Springs pursuant to section 9406.00 of the Zoning Ordinance for a request to reduce the required front yard setback from 25 (twenty five) feet to 14 (fourteen) feet in order to allow for the construction of a 616 sq. ft. patio cover which encroaches approximately 11 (eleven) feet into the required 25 ft. front yard building setback in conjunction with an existing single family residence located at 271 W. Lilliana Drive, R-i-B zone, Section 27; and WHEREAS, the applicant has requested the variance to improve the subject property with extension of an open front patio that coincides complements and architecturally benefits existing remodeled neighboring properties; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the applicant's application for a variance was given in accordance with applicable law; and WHEREAS, On May 24, 2000, a public hearing on the application for the variance was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS; Section 1. Pursuant to CEQA, the Planning Commission finds as follows: The project is categorically exempt from the requirements of CEQA pursuant to Section 15303 (New Small Construction) of the CEQA guidelines. Section 2. Pursuant to Government Code Section 65906, the Planning Commission finds that: a. Because of special circumstances applicable to the subject property, including size, shape, topography or surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The subject parcel is located in the R-1-B zone district which has a minimum lot area requirement of 15,000 square feet and a minimum lot width of 120 feet. The subject parcel has a net lot area of 13,068 square feet, and is therefore substandard relative to lot size. The subject parcel is 100 feet wide, and is therefore substandard relative to lot width. The lot is 131 feet deep which exceeds the zone district requirement of 120 feet. Also, the parcel is located on a street knuckle which causes a partially curved and irregular front property line. The proposed patio cover is adjacent to the curved portion of the front property line. Therefore, the subject parcel has special circumstances relative to size and shape which would deprive it of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The proposed wall encroaches legally into the public right-of-way, if approved by the Engineering Division, because of the existing street configuration. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. There are other properties in the immediate vicinity of the subject parcel which have patio cover encroachments into the front yard setback area. Staff has included recommended conditions of approval for the project which will assure that the adjustment shall not constitute a grant of special privilege. b. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to property and improvements in the vicinity and zone in which the property is located. The variance request is for the purpose of constructing a patio cover within a portion of the front yard setback area. As such, the variance request will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated C. The granting of such variance will not affect the General Plan for the City. The subject parcel is designated as residential in the land use element of the General Plan. The purpose of the proposed variance is to allow for the construction of a patio cover within a portion of the front yard setback area. Therefore, the granting of the variance will not adversely affect the General Plan of the City. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission approves the variance request to allow for an 11 foot reduction in a required 25 foot front yard setback for the extension of an open front patio cover at 271 W. Lillian Drive, R-1-B zone district, Section 27. This variance is subject to those conditions as set forth in attached Exhibit A, which are to be satisfied prior to the actual effective date of this variance approval. BE IT FURTHER RESOLVED that the property owner shall submit plans and specifications to the City and obtain a valid building permit(s) prior to commencing construction of any of the structures which are the subject of this variance application. ADOPTED this 24`' day of May, 2000 AYES: Jurasky, Caffery, Klatchko, Raya, Fontana, Mills NOES None ABSTAIN: Mathews ABSENT: None ATTEST: CITY OF PALM SPRINGS C'la4nnng Commission Chairman Planninoommission Secretary EXHIBIT A Location: 271 West Lilliana Drive Date: May 24, 2000 Case No. 6.441 / Variance CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the city Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 0 PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case No. 6.441 / Variance. The City of Palm Springs will promptly notify the applicant of any such claim, action or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon the matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. The appeal period for the variance application is 15 calender days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. No exterior downspouts shall be permitted on any facade on the building which are visible from adjacent streets or residential and commercial areas. 6. The design, height, texture and color of the new structure shall be submitted for review and approval prior to the issuance of building permits. New construction shall be architecturally compatible with the existing residence, to the satisfaction of the Director of Planning and Building. 7. The patio shall not be enclosed or expanded in any manner. POLICE DEPARTMENT 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 9. Prior to any construction on -site, all appropriate permits shall be secured. ENGINEERING DIVISION: Before final acceptance of this project, all conditions listed below shall be completed to the satisfaction of the City Engineer, LILLIANA DRIVE: 1. The proposed 4 to 6 foot high stucco wall shown in the public right-of-way is not approved by the Engineering Department. GENERAL: 2. Nothing shall be constructed or planted in the corner cut - off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 3. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. TRAFFIC: 4. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction.