HomeMy WebLinkAboutPC Resolution _6096RESOLUTION NO.6096
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA UPHOLDING THE
DECISION OF THE DIRECTOR OF PLANNING SERVICES
AND DENYING AN APPEAL BY KEN LEVIN REGARDING
THE COLONY PALMS HOTEL LOCATED AT 572 N.
INDIAN CANYON DRIVE
WHEREAS, on April 13, 2007, the Director of Planning Services granted relief to the
Colony Palms Hotel to the requirement for a five-foot separation between parking
curbing and an adjacent wall (Palm Springs Zoning Code Section 93.05.00(E)(4)); and
WHEREAS, on April 20, 2007 Ken Levin of the Heavenstone Development at 544 N.
Indian Canyon Drive, filed an appeal of a decision by the Director of Planning Services
regarding the approval of a relief from Zoning Code Section 93.04.00(E)(4); and
WHEREAS, Sections 93.06.00.B.3.c and 94.05.03.Q of the Palm Springs Zoning Code
allow decisions by the Director of Planning Services regarding non -conforming
structures to be appealed to the Planning Commission; and
WHEREAS, on May 9, 2007, the Planning Commission conducted a public review of
the appeal request, including all of the evidence presented in connection with the
matter, including, but not limited to, the staff report prepared on the matter, and all
written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: That the decision by the Director of Planning Services to allow the Colony
Palms Hotel at 572 N. Indian Canyon Drive to reduce the distance between parking
curbs and adjacent walls to less than the required minimum five feet separation meets
the requirements of the Palm Springs Zoning Code for relief from parking standards
because
1. Requiring the full five feet would either reduce the size of the parking
spaces to an unacceptably shallow depth or require removal of the privacy
walls surrounding the existing hotel building.
2. Requiring the full five foot separation would result in a hardship to the
property owner and would deprive the property owner of privileges allowed
to others in the zone, namely, the loss of required parking or the loss of
privacy and security for occupants of the building.
3. That special circumstances exist to justify the reduction; namely the
location of the existing buildings near the property lines and the proximity
of appropriate privacy walls to the parking area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby rejects the appeal and upholds the decision of the Director of
Planning Services to allow the Colony Palms Hotel at 572 N. Indian a reduction from 5
to 2.5 feet the separation between the parking curbs and the adjacent walls along Via
Colusa.
ADOPTED this 91' day of May, 2007.
AYES: 5, Hutcheson, Hochanadel, Marantz, Cohen, Ringlein
NOES: None
ABSENT: 2, Caffery, Scott
ABSTAIN: None
ATTEST:
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Direc Plannin ervices
CITY OF PALM SPRINGS, CALIFORNIA
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