HomeMy WebLinkAbout18711 - RESOLUTIONS - 10/18/1995 RESOLUTION NO. 18711
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION DECISION TO DENY VARIANCE NO. 6 . 398
FOR THE REDUCTION OF THE REAR YARD SETBACK
FROM TEN FEET TO THREE FEET, LOCATED AT 950
NORTH INDIAN CANYON DRIVE, R-3 ZONE, SECTION '
11 .
WHEREAS, the applicant, Desert- Equitable Realty, Inc . has requested
a variance to reduce the rear yard setback to three feet from the
.required ten feet for a canvas cabana structure which measures 30
feet in length and eight feet in height, located at 950 North
Indian Canyon Drive; and
WHEREAS, the subject property is substandard in depth, but is
neither substandard in width nor overall lot size; and
WHEREAS, the Planning Commission held a public hearing in
accordance with applicable law on August 23 , and September 13 ,
1995, and voted to deny the variance (5-0 ; 2 abstentions) ; and
WHEREAS, the applicant submitted a letter of appeal of the Planning
Commission decision to the City Clerk;
WHEREAS, notice of a public of the City Council of the City of Palm
Springs to consider the appeal of the Planning Commission decision
to deny the subject variance was given in accordance with
applicable law; and
WHEREAS, on October 18 , 1995 , a public hearing on the subject '
appeal for Variance 6 . 398 was held by the City Council in
accordance with applicable .law; and
WHEREAS the City Council 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 .
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS :
Section 1 : Pursuant to CEQA , the City Council finds as follows :
a. The project is categorically exempt form the requirements
of CEQA pursuant to Section 15303 , New Construction or
Conversion of Small Structures .
b. Pursuant to Fish and Game Code Section 711 .4, this
project has aL de minimis impact on fish and wildlife.
Section 2 : Pursuant to Government Code Section 65906 and Section
9406 . 00 B, the City Council finds as follows :
a. Because no special circumstances are applicable to the subject
property (950 North Indian Canyon Drive) , including size, '
shape, topography, location, or surroundings, the strict
application of the Zoning Ordinance would not deprive the
subject property of privileges enjoyed by ether properties in
the vicinity and under identical zone classification.
Although the property is substandard in depth (subsequent to
right-of-way dedications) , the total size of the property is
well over the minimum requirement of 20, 000 square feet . The
existing buildings on the subject site are situated around
interior courtyards except for the proposed location of the
canvas cabana; however, this proposed location requires the �n
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reduction of the rear yard setback to three feet . The subject
canvas cabana is not necessary to the operation of the subject
property and could potentially be located elsewhere without
reducing required setbacks .
C . The granting of the variance for a reduction of the rear yard
setback could 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 such that this existing canvas
cabana is located only three feet from the rear property line
of a single family property which blocks views and could be
perceived as obtrusive .
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby denies Variance No. 6 . 398 to reduce the rear
yard setback and requires the existing canvas cabana to be removed
or relocated out of the setbacks, located at 950 North Indian
Canyon Drive .
ADOPTED this 18th day of October 1995 .
AYES : Members Hodges, Lyons, Reller-Spurgin, and Mdyup Mapygfl@U
NOES : None
ABSENT: None
ABSTAIN: Member Kleindienst
ATTEST: CI OF PALM SP S, CALIFORNIA
t
/City Clerk ty nager
REVIEWED AND APPROVED �W