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HomeMy WebLinkAbout19153 - RESOLUTIONS - 11/19/1997 RESOLUTION NO. 19153 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DENIAL OF CASE 6.411 FOR A VARIANCE REQUEST FOR REDUCTION IN LOT SIZE AND LOT WIDTH: FOR TWO LOTS WEST OF CAMINO CENTRO BETWEEN VIA LAS , PALMAS NORTH SIDE AND VIA LAS PALMAS SOUTH SIDE, R-1-A ZONE, SECTION 10. WHEREAS, the City Council has received a timely written appeal from Frank Sandin and Stan Long requesting that the Council overrule the Planning Commission decision to deny Case 6.411 for a variance request for reduction in lot size and lot width for two lots west of Camino Centro between Via Las Palmas North Side and Via Las Palmas South Side R-1-A Zone, Section 10; and WHEREAS, the Planning Commission considered the application at a duly noticed meeting held on October 22, 1997; and WHEREAS, the Planning Commission denied the application on the based on the fact that the lots created would be substandard of the R-I-A Zone, irregular and out of context with the characteristics that make the Las Palmas neighborhood unique; and WHEREAS, the City Council has reviewed all evidence provided including plans and all other written and oral testimony, and agrees with the decision of the Planning Commission. NOW THEREFORE BE IT RESOLVED after due consideration of all evidence provided, ' including plans and all other written and oral testimony, the City Council finds as follows: THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQ.A, the City Council finds as follows: The Project is categorically exempt from the requirements of CEQA pursuant to Section 15305 (Minor Land Alterations) of CEQA Guidelines. Section 2: Pursuant to Government Code Section 65906, the City Council finds that: a. Because of special and unique circumstances applicable to the Applicant's 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 located within a neighborhood with a wide range of lot sizes. The subject property is similar in size and shape with other lots in the vicinity. There is nothing unique with respect to the topography, location or surroundings. Thus, there are no special and unique circumstances applicable to the subject property to grant the variance request , Page 2 Res. No. 19153 b. Any variance granted shall be subject to 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. Granting of this variance would result in the creation of two substandard lots which would ' be inconsistent with the R-1-A Zoning requirements. Due to the location of existing improvements on the subject property the proposed lots cannot be increased in size to meet the R-1-A mini num lot size of 20,000 square feet. c. 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 in which the subject property is situated. The two subject lots will be 13,814 square feet in size. The lots will be substandard of the R-1-A Zone requirement of 20,000 square feet. Subdivision of the subject property into smaller lots will result in a loss of open space, increased crowding of buildings, reduced setbacks between buildings and loss of one of the premier estates in the Las Patinas neighborhood. Thus, granting of this variance could be materially detrimental to the neighborhood. d. The granting of such variance will not adversely affect the General Plan for the City of Pahn Springs. The General Plan designation for the site is L-2 (Low Residential - 2 units per acre). The intent of the General Plan is to maintain a low residential density to ensure a high quality of development. Subdivision of the subject properties will result in two substandard lots which will be 13,814 square feet in size. Thus, creating the potential for smaller houses which could impact the Kemper Estate. Therefore, the proposed subdivision may adversely affect the General Plan. NOW JTIEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, after considering the evidence provided at the meeting does hereby uphold the Planning Commission denial of Case 6.411 for a variance request for a reduction in lot size and lot width at 345 Via Las Palmas. ADOPTED this 19th day of November 1997. AYES: Councilmembers Hodges, Oden, Spurgin and Mayor Kleindienst NOES: Councilmember Barnes ABSENT: None ATTEST: 7=!!z CALIFORNIA City Clerk JJ City Manager REVIEWED BY &Z ket //,, '