HomeMy WebLinkAboutPC Resolution _4859- Case 6.470 VARRESOLUTION NO.4859
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE NO. 6.470
FOR A VARIANCE TO THE REAR YARD SETBACK
BACKING ON A FAIRWAY TO ALLOW CONSTRUCTION
OF A BREAKFAST AND FAMILY ROOM WITHIN TEN (10)
FEET OF THE REAR PROPERTY LINE OF A SINGLE-
FAMILY RESIDENCE AT 2320 S. CAMINO REAL, ZONE R-
1-C, SECTION 26.
WHEREAS, Michael Kahn, (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 backing on a fairway
at the single-family residence located at 2320 S. Camino Real, Zone R-1-C, Section 26; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs
to consider an application for Variance 6.470 was issued in accordance with applicable law; and
WHEREAS, on June 25, 2003, the public hearing on the application for Variance 6.470 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 afl written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1:
Section 2:
Pursuant to CEQA, the Planning Commission finds that this project is
categorically exempt from Califomia Environmental Quality Guidelines (CEQA).
Pursuant to Zoning Ordinance Section 94.06.00.13, the Planning Commission
finds that:
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 minimum lot depth for the zone (R-
1-C) within which the property is located. The irregular lot configuration also restricts
the property owner's ability to site a living space addition. The proposed living space
addition 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.
Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special p&#ege
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
proposed use.
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.
This variance has been conditioned to ensure that the Canyon Country Club
Homeowner's Association Architectural Control Committee will review the project to
ensure that the granting of the variance will not be materially detrimental to adjacent
property owners ensuring public health, safety, convenience and welfare.
4. The granting of such variance will not adversely affect the General Plan of the City.
The General Plan of the City of Palm Springs will not be adversely affected by the
granting of the proposed variance to rear year setback backing on a fairway.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Variance 6.470, subject to the conditions set forth in the attached
Exhibit A.
ADOPTED this 26h day of June, 2003.
AYES: Klatchko, Caffery, Conrad, Grence, Marantz, Shoenberger
NOES:
ABSENT: Matthews
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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