HomeMy WebLinkAboutPC Resolution _4783- Case 6.472RESOLUTION NO. 4783
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE NO. 6.472 FOR A
VARIANCE TO THE REAR YARD SETBACK TO ALLOW
CONSTRUCTION OF ADDITIONAL LIVING AREA WITHIN NINE
(9) FEET SIX (6) INCHES OF A REAR PROPERTY LINE BACKING
ON A LOCAUCOLLECTOR STREET TO A SINGLE-FAMILY
RESIDENCE AT 1990 MARK LESLIE DRIVE, ZONE R-1-C,
SECTION 24.
WHEREAS, Jose Vasconez, (the "Applicant') filed an application with the City pursuant to section
94.06.00 of the Zoning Ordinance for a variance to the rear yard setback at single-family residence
located at 1990 Mark Leslie Drive, Zone R-1-A, Section 15; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider an application for Variance 6.472 was issued in accordance with applicable law; and
WHEREAS, on September 10, 2003, the public hearing on the application for Variance 6.472 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.B, 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.
The subject property is substandard with respect to both minimum lot size, minimum lot width
and minimum depth as required for the zone (R-1-C) within which the property is located.
Additionally, the subject property is surrounded on three sides by public streets creating a
unique situation. In order to comply with the City of Palm Springs Zoning Code setback
requirements construction on the substandard lot is additionally constrained by its relationship
to the public streets. The proposed addition of living space is a right enjoyed by adjacent
property owners. Therefore, special circumstances are applicable to the subject property that
justify variance to the strict application of the Zoning Code.
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.
This variance has been conditioned to ensure that all other applicable codes and requirements
will be met, and to ensure that this variance may be utilized only for the 542 square feet of
additional living space proposed at this time.
3. The granting of the variance will not be materially detrimental to the public health, safety,
convenience, orwelfare orinjurious to property and improvements in the same vicinity and zone
in which subject property is situated.
The proposed construction of an addition to this single-family residence will allow the property
owner to move forward with necessary upgrades to the single-family residence that will
substantially improve the property. The variance will not be materially detrimental to the pubic
health, safety, convenience, or welfare or injurious to property and improvements in the same
vicinity and zone in which this property is situated.
4. The granting of such variance will not adversely affect the General Plan of the City.
The granting of this variance would not adversely affect the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby approves Variance 6.472, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 1(r day of September, 2003.
AYES: Conrad, Matthews, Grence, Hochanadel, Wright
NOES: Marantz, Shoenberger
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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CtOirman of the Planning Cbmmission Secretary of 4fie Planning Commission
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EXHIBIT A Ord
VARIANCE ARFROVAL WSW TO ALL RECPJIW
cnnoiMNS & BUS
CASE NO. 6.472
1990 MARK LESLIE DRIVE
September 10, 2003
CONDITIONS OF APPROVAL
Before final ac ceptanoe of the project, all conditions listed below shall be completed to the
satisfaction of the Director of Planning and Building.
1. That the subject single-family residence 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. That the variance granted shall be applicable only to the single-family residence as
specified, and shall not be applicable to any other structures or future modifications other
than those required by this variance.
3. That the time limit for commencement of construction under this variance approval shall be
two (2) years from the effective date of approval.
4. That 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.
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