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Home My WebLink AboutPC Resolution _4781- Case 6.462RESOLUTION NO. 4781 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 6.462 TO ALLOW A GARAGE SETBACK OF 20 FEET FROM FRONT PROPERTY LINE, LOCATED AT 1432 VIA MIRALESTE, ZONE R-1-C, SECTION 11. WHEREAS, Matthew McClain, (the "Applicant") filed an application with the City pursuant to section 94.06.00 of the Zoning Ordinance to allow a garage setback of 15 feet from front property line, located at 1432 Via Miraleste, Zone R-1-C, Section 11; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Variance 6.462 was issued in accordance with applicable law; and WHEREAS, on May 8, 2002, the public hearing on the application for Variance 6.462 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 that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 94.06.00.13, the Planning Commission finds that: 1. Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. In reviewing the case, the Commission finds that to deny Mr. McClain's request would deprive him of privileges enjoyed by surrounding properties. Other properties on the eastern side of Via Miraleste, including the subject property, have an existing setback of 15 feet. It is inconsistent with other properties in the vicinity to require a setback of 25 feet for the subject property. Therefore, the Commission finds that a setback of 20 feet shall be required for the garage. 2. 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 subject property is situated Other properties on the eastern side of Via Miraleste were subject to the same right- of-way dedication as the subject property. Therefore, permitting the garage setback of 20 feet from the front property line shall not constitute a grant of special privilege. The proposed garage will comply with all other setback requirements in the Zoning Ordinance. 3. The granting of the variance 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 subject property is situated. The granting of the variance 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 subject property is situated. There are no conditions required by Fire, Building, or Engineering. The applicant has also received a notice of violation from a Community Preservation Officer regarding the deteriorated state of the property. Granting the variance request would allow the applicant to move forward with planned improvements to bring the subject property up to the same quality as surrounding properties. 4. The granting of such variance will not adversely affect the General Plan of the City. The General Plan designates Via Miraleste as a collector street and the subject site and surrounding vicinity for single family residential uses. The project does not conflict with, nor will it adversely affect, the General Plan of the City. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Variance 6.462, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 8' day of May, 2002. AYES: Grence, Shoenberger, Jurasky, Klatchko NOES: Raya ABSENT: Matthews, Caffery ABSTENTIONS: AT"ofthe CITY OF PALM SPRINGS, CALIFORNIA hommission Secretary o e Planning Commission O EXHIBIT A VARIANCE CASE NO. 6.462 1432 Via Miraleste May 8, 2002 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning and Building. 1. The subject garage shall meet all other 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 setback variance granted shall be applicable only to the garage as specified, and shall not be applicable to any other structures or future modifications other than those required by this variance. 71\jL 1pgw- L4^ 44v.a W �O FAit . 3. The time limit for commencement of construction under this variance approval shall be two (2) years from the effective date of approval. 4. The Planning Commission or City Council may, after notice and public hearing, revoke this variance for noncompliance with any of the conditions set forth in granting this variance. 301 EO RESOLUTION NO.4780 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0903 - A CONDITIONAL USE PERMIT TO ALLOW A THRIFT SHOP OPERATED BY A CHARITABLE ORGANIZATION AT2500 NORTH PALM CANYON DRIVE, SUITE B-2, PD 136A (C-1) ZONE, SECTION 3. WHEREAS, Desert Charities, (the "Applicant")filed an application with the City pursuant to section 94.02.00 of the Zoning Ordinance fora Conditional Use Permit to allow a thrift shop operated by a charitable organization at 2500 North Palm Canyon Drive, Suite B-2, PD 136A (C-1) Zone, Section 3; and WHEREAS, the hours of operation will be 9 a.m to 5:00 p.m. Tuesday through Saturday; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0903 was issued in accordance with applicable law; and WHEREAS, on April 10, 2002, a public hearing on the application for Conditional Use Permit 5.0903 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, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuantto CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA), pursuant to Class 1, Section 15301. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, thrift shops operated by charitable organizations are a use which is conditionally permitted in the C-1 zone. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. RESOLUTION NO.4780 April 24, 2002 Page 2 of 2 The proposed use is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located and is necessary or desirable for the development of the community. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls orfences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project is proposed in a unit located within an existing shopping centerwith sufficient parking to accommodate the proposed use. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. This property is located on a major thoroughfare. The number of vehicles will not significantly increase due to the proposed use. Therefore the granting of this Conditional Use Permit with the conditions of approval will not adversely affect traffic. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0903 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 24 day of March, 2002. AYES: Grence, Klatchko, Matthews, Raya NOES: ABSENT: ABSTENTIONS: Caffery, Shoenberger ATTEST: 4ez� - --- Chairman of the Planning Commission CITY O ALM SPRINGS, CALIFORNIA Y'VOL'� 6 3 e, e C� � — Secrelary4ifthe Planning Commission 101 IN