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Home My WebLink About2/19/2003 - STAFF REPORTS (23) RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE PLANNING COMMISSION DENIAL OF A SIDE YARD SETBACK VARIANCE REQUEST IN CONJUNCTION WITH APPROVING CASE NO. 6.465 - AN APPLICATION BY THOMAS FLANAGAN FOR A VARIANCE TO ALLOW A REAR YARD SETBACK OF 7.5 FEET FOR USE AS A COVERED AND SCREENED PATIO, THE ELIMINATION OF THE GARAGE AND VARIANCE OF REQUIREMENTS FOR COVERED PARKING,AND A SIDE YARD SETBACK OF 3 FEET FOR USE AS A COVERED WORKSHOP, LOCATED AT 3863 EAST CALLE SAN ANTONIO, ZONE R-1-D, SECTION 19. WHEREAS,Thomas Flanagan, (the"Applicant')filed an application with the City pursuant to section 94.06.00 of the Zoning Ordinance to allow a variance of the rear yard setback, a variance to eliminate required covered parking,and a side yard setback variance at 3863 East Calle San Antonio,Zone R-1- D, Section 19; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Variance 6.465 was issued in accordance with applicable law; and WHEREAS,on November 13,2002,the public hearing on the application for Variance 6.465 was held by the Planning Commission in accordance with applicable law; and WHEREAS,the Planning Commission 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. WHEREAS, the Planning Commission approved a 7.5 foot rear yard setback, elimination of required covered parking , and granted a 3 foot side yard setback subject to conditions; WHEREAS, on November 27, 2002, the applicant filed an appeal of the Planning Commission approval of the 3 foot side yard setback requirement; and WHEREAS, a Notice of Public Hearing of the City Council of the City of Palm Springs to consider an appeal of the Planning Commission decision was issued in accordance with the applicable law; and WHEREAS, on January 25, 2003 the City Council held a public hearing on this matter, and, after closing the public hearing, continued the matter to its meeting of February 5, 2003, and after 'discussion at this meeting continued the matter to its February 19, 2003 meeting; and WHEREAS, the City Council has carefully reviewed, considered, and debated 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 that this project is categorically exempt from lugat � California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 94.06.00.B,the City Council Commission finds that: 1. 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 classification. 2. That the City Council finds that the subject property is sub-standard in lot area and lot depth and that the Planning Commission did notfully consider surrounding properties and conditions in its review of the subject variance and in denying the side yard set back request. 3. 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 application has been evaluated on the basis of the substandard lot configuration, which impacts all residences built within the subdivision. A number of other homes within the vicinity encroach into the required setback areas. Other properties built during the same period in the vicinity of the project area were constructed with reductions to the required side and rear yard setbacks. The proposed zero setback request with a no build easement recorded on the adjacent property will be the functional equivalent of a 3 foot setback and is consistent with the building to property line 3 foot setback required by the Planning Commission.The request does not therefore constitute a grant of special privilege. 4. The City Council finds that if a 3 foot no build easement is recorded against the property located at 3883 East Calle San Antonio,that a comparable 3 foot no build area or, in essence set back, will be created which is consistent with the purpose and intent of the Planning Commission action to grant(approve) a 3 foot setback from the existing property line 5. 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 and zone in which subject property is situated. 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 and zone in which subject property is situated. Approving yard encroachments as requested will help maintain relative property value for the applicant by keeping the workshop area of the subject property.Therefore,the proposal will potentially contribute to improving the character, condition and appearance of surrounding properties,without adversely affecting the anticipate value of the subject property. The encroachment into the required setback has existed since at least 1966. In addition,the applicant will be required to complete construction of the addition in accordance with the requirements of the existing codes and ordinances. The rest of the existing residence is in compliance with existing setback requirements. 6. The granting of such variance will not adversely affect the General Plan of the City. The General Plan designates subject site and surrounding vicinity for single family residential uses. The granting of said variance will not adversely affect the City's General Plan in that the to character of the surrounding neighborhood will only be enhanced by the proposal, and will provide an opportunity to enhance by appearance and depth the front elevation fo the subject property. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council overrules the Planning Commission action to approve a 3 foot setback and approves the applicant's request for Variance 6.465, subject to the conditions set forth in the attached Exhibit A. ADOPTED this day of 2003. AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: EXHIBIT A VARIANCE CASE NO. 6,465 3863 E. Calle San Antonio February 19, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning and Building. 1. The subject addition shall meet all other applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The setback variance granted shall be applicable only to the existing structures as specified, and shall not be applicable to any other structures or future modifications other than those required by this variance. 3. The Planning Commission or City Council may, after notice and public hearing, revoke this variance for noncompliance with any of the conditions set forth in granting this variance. 4. The exterior walls located less than 3' to property line shall be one hour fire resistive construction, which includes required roof assembly, and roof material as determined by the Director of Building and Safety. 5. The exterior walls shall have no opening when closer than 3' to a property line. Openings include windows, door, scuppers, vents, etc. 6. That prior to issuance of building permits for the workshop structure,the applicant shall submit a draft no build easement for property located at 3883 East Calle San Antonio. The no build easement shall extend 3 feet onto the subject property for the area adjacent to the carport located at 3863 East Calle San Antonio. The easement shall be approved by the City Attorney and recorded prior to issuance of building permits. � A - II