Loading...
HomeMy WebLinkAbout18509 - RESOLUTIONS - 11/16/1994 RESOLUTION NO. 18509 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE A VARIANCE (CASE 6 . 394) SUBJECT TO CONDITIONS TO REDUCE REQUIRED FRONT YARD AND SIDE YARD SETBACKS FOR ' AN EXISTING CARPORT-LOCATED AT 1265 TACHEVAH DRIVE, R-1-C ZONE, SECTION 11. WHEREAS, the applicant, Gordon E. Kravet, has requested a variance to reduce the front yard setback to 11 feet 9 inches from the required 25 feet and to reduce the side yard setback from 10 feet to 3 feet 4 inches from the required 10 feet for the purpose of a carport located at 1265 Tachevah Drive; and WHEREAS, on October 12, 1994, the Planning Commission approved (4- 3) the Variance subject to conditions; and WHEREAS, on October 22, 1994, the applicant, Mr. Gordon E . Kravet, submitted a written letter appealing the conditions of approval of the subject Variance; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider this appeal of the conditions of approval of the Variance was given in accordance with applicable law; and WHEREAS, the City Council held a public hearing in accordance with applicable law on November 16, 1994; and ' WHEREAS, the City Council 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 CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA , the City Council .finds as follows : The project is categorically exempt form the requirements of CEQA pursuant to Section 15305, Minor Alterations in Land Use Limitations, of the CEQA Guidelines . Section 2 : Pursuant to Government Code Section 65906 and Section 9406 . 00 B, the City Council finds as follows : a. Because of special circumstances applicable to the subject property (1265 Tachevah Drive) , including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is substandard in the total lot size, depth and width which deprives the property of privileges enjoyed by other properties in the vicinity. The property size and dimensions are such that the existing carport could not be located anywhere else on the property without encroaching into the required setbacks . Additionally, since the property is located on a secondary thoroughfare as designated on the General Plan Land Use and Circulation Map, the Variance as proposed would allow for the encroachment into the future right-of-way; this could create an unsafe situation and potentially inhibit the buildout of the General Plan roadway since the carport will be partially located within the r / C_ R18509 Page 2 iG a_ roadway since the carport will be partially located within the future right-of--way. However, the conditions of approval of dais variance pursuant to Section 9309 . 00 D. and E. will require the dedication of the additional right-of-way and the removal of any structures within this right-of-way so that the roadway can be improved and a potentially unsafe situation is not created. The off-site roadway improvements shall be constructed when deemed necessary by the ]Director of Public ' Works . b. The Variance shall be granted subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent. with the limitations upon other properties in the vicinity and. the zone in which subject property is situated. The granting of the Variance would allow the carport to be not only located within the required setbacks but partially within the future right of way as well . However, conditions of approval will require that the additional 14 feet of right-of- way for Tachevah Drive is dedicated to the City. A condition will also require that any structures within the right-of-way shall be removed at the owner' s cost at which time it is deemed necessary to construct the off-site roadway improvements for 'Tachevah Drive . As these conditions reflect that which :is required by the General Plan and City ordinances, permitting the encroachment into the setbacks in this situation would not constitute a grant of special privileges . C . The granting of the Variance for a reduction of the front yard and side yard setbacks 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 the subject property is situated. The granting of the! Variance could create a potentially dangerous situation in the future should Tachevah Drive be widened to its General Plan designated width. however, until such time as the roadway is widened, the current situation is not deemed to be unsafe since a sufficient distance exists from the location of the carport to the edge of street pavement . The current distance allows for adequate room to safely maneuver a vehicle into the roadway from the carport . At which time the roadway is widened, existing structures within the right-of-way would need to be :removed so that an unsafe traffic condition is not created (aizi required, pursuant to the conditions of approval) . d. The granting of such Variance will not adversely affect the City of Palm Springs General Plan. The granting of this Variance with the conditions of approval will not adversely affect the General. Plan since the conditions will ensure that the General Plan requirements are met . At the time Tachevah Drive is widened in order to comply with the General Plan, the required conditions of this Variance will ensure that the future widening of Tachevah Drive to its ultimate width is not hindered. e . A nexus and rough proportionality have been established for the requirement of the dedication of the additional right-of- way to the City and the off-site improvements as related to this Variance . R18509 Page 3 The Zoning Ordinance which requires the right-of:-way dedication and the off-site improvements is related to the Variance for the carport such that the property owner or anyone else whose destination is 1265 Tachevah Drive must use Tachevah Drive to access the subject property. The property owner will benefit from any improvements made to Tachevah ' Drive such as the potential widening, the construction of a sidewalk and the undergrounding of overhead utilities . The required improvements and dedication of right--of-way, for the purpose of such improvements, will provide safety benefits to the property owner and will aesthetically enhance the neighborhood with the undergrounding of utilities . NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby upholds the Planning Commission approval of Variance No. 6 . 394, to reduce the front and side yard setbacks at 1265 Tachevah Drive subject to conditions as set forth in attached Exhibit A as on file in the office of the City Clerk. ADOPTED this 16th day of November 1994 . AYES : Members Kleindienst, Lyons and Mayor Maryanov NOES : Members Hodges and Reller-Spurgin ABSENT: None ATT CITY*LM S CALIFORNIA ity Clerk ger ' REVIEWED AND APPROVED Ca 1