HomeMy WebLinkAboutPC Resolution _4895- Case 6.474 VARRESOLUTION NO. 4895
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE NO. 6.474 FOR A
VARIANCE TO THE REAR YARD SETBACK TO ALLOW THE
CONVERSION OF A CARPORT TO A GARAGE WITHIN SEVEN
(7) FEET OF THE REAR PROPERTY LINE AND TO DEMOLISH,
RECONSTRUCT AND ADD STRUCTURAL SECOND STORY
DESIGN ELEMENTS TO AN EXISTING SINGLE-FAMILY
RESIDENCE AT466 PATENCIO ROAD, ZONE R-1-A, SECTION
15.
WHEREAS, Kurtis Kihlman, (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 466 Patencio Road, 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 6.474 was issued in accordance with applicable law; and
WHEREAS, on January 14, 2004, the public hearing on the application for Variance 6.474 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:
Section 2:
Pursuant to CEQA, Sections 15301,15302,15303 and 15332 of the Public Resources
Code the Planning Commission finds that this project is categorically exempt from
California Environmental Quality Guidelines (CEQA).
Pursuant to Zoning Ordinance Section 94.06.003, 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 classfflcation.
The subject property is substandard with respect to both minimum lot size, minimum lot width
and minimum lot area required for the zone (R-1-A) within which the property is located. The
proposed conversion of a carport to a garage covered 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.
The construction of additional second story features will not encroach into standard setbacks.
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 garage as proposed and
the demolition, reconstruction and proposed second story structural features. This will allow the
applicant to provide enclosed parking forthe residence, which is consistent with adjacent single-
family residential properties.
The granting of the variance will not be materially detrimental to the public health, safety,
convenience, or welfare orinjurious to property and improvements in the same vicinity and zone
in which subject property is situated.
As conditioned by Planning staff, the granting of this variance will not be materially detrimental
to the public health, safety, convenience, or welfare or injurious to property and improvement
to the same vicinity and zone in which subject property is situated.
The granting of such variance will not adversely affect the General Plan of the City.
Policies associated with the residential land use element of the General Plan of the City of Palm
Springs include,
"Encourage developers to ... use creative design and planning solutions which establish and
maintain a distinctive character and environment for existing residential neighborhoods."
An additional General Plan policy states, "Allow for increased building height where it can be
demonstrated that no significant impacts result from the increased height."
The proposed project intends to demolish and reconstruct various second story structural
design features that appear to be additions that do not conform with the overall design intent
of the residence. The height of the residence will not be increased above the existing height.
The covering of existing second story deck space and the extension of the roof parapet will
simplify the inconsistent roofline thereby maintaining a more distinct character that would be in
keeping with the historic character the neighborhood.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby approves Variance 6.474, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 141' day of January, 2004.
Shoenberger, Marantz, Conrad, Grence, Hochanadel, Wright
CITY OF PALM SPRINGS, CALIFORNIA
Secret4of,Planning Commission