PCRES 1989-037PLANNING COMMISSION RESOLUTION NO. 89-037
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS AND GRANTING A
VARIANCE FROM FRONT YARD SETBACK
REQUIREMENTS
CASE NO. VAR 89-009 - MICHAEL W. TUVELL/SUNROSE PROPERTIES, INC
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 8th day of August, 1989, hold
duly -noticed Public Hearing to consider the request of Michael
W. Tuvell for a variance to Section 9.42.050.D.1 of the La
Quinta Municipal Code (LQMC), permitting a four -and -one-half
foot reduction in the required 20-foot front yard setback for
property located at 51-701 Avenida Martinez, more particularly
described as:
Lot 10 of Block 114, Santa Carmelita at
Vale La Quinta, Unit 12, in M.B. 18,
page 79, of Maps.
WHEREAS, said variance request has been determined
by the Planning Director to be exempt from review under the
California Environmental Quality Act of 1970 (CEQA), as being
categorically exempt under CEQA Guidelines Section 15305; and
WHEREAS, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did find the following facts
and reasons to justify the approval of said variance:
1. The strict application of setback requirement to the
subject property will deprive it of privileges enjoyed by
other similarly zoned property in the area, since the
purpose and intent of the setback requirements may be
reasonably attained by special conditions of approval,
and that strict application of said requirement would
diminish the use provisions of the structure on such
property.
2. Approval of the variance as conditioned will not
constitute the granting of a special privilege
inconsistent with limitations on other similarly zoned
property in the area.
MR/RESO89.038 -1-
3. The conditions of approval will assure that the reduction
of the setback requirement will not adversely affect
adjacent parcels.
NOW, THEREFORE, BE IT RESOLVED by the Planning
Commission of the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Commission in this
case;
2. That it does hereby confirm the determination of
the Planning Director, which indicated that the
variance request is exempt from review under CEQA
Guidelines Section 15305;
3. That it does hereby grant said Variance 89-009 for
the reasons set forth and subject to the conditions
labeled Exhibit A, attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta Planning Commission, held on this 8th day of
August, 1989, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners Zelles,
Chairman Walling
None
None
None
Steding,
L11\V, VLldl
Ci of La Quinta,
Moran, Bund,
lifornia
MR/RESO89.038 -2-
PLANNING COMMISSION RESOLUTION 89-037
CONDITIONS OF APPROVAL - PROPOSED EXHIBIT A
VARIANCE 89-009
AUGUST 8, 1989
1. This variance approval must be used within one year after
the effective date of approval by the La Quinta Planning
Commission, unless approved for an extension as provided
in the La Quinta Municipal Code. The term "use:" shall
mean the beginning of substantial construction towards
compliance with these conditions, which construction must
thereafter be diligently pursued to completion.
2. The existing fencing along the south property line shall
be extended at a height of four feet to the property
line/right-of-way at the front of the lot where it will
terminate. The extended fencing shall be constructed of
a masonry product such as block, rock, brick, stucco,
etc., and/or ornamental iron/tubular steel. Color of
this wall shall be compatible with the existing house
colors.
3. The Applicant shall submit a revised landscape plan from
that initially submitted for building permit application,
which shall include the following:
a. The northerly property line, from garage face to
street right-of-way line, shall be planted with a
minimum four -foot high (mature) oleander or similar
hedge -type screen, which shall be irrigated with an
automatic drip system and shall be permanently
maintained.
b. All existing landscaping shall be revitalized,
replaced, or reseeded as necessary.
This revised plan shall be submitted to the Planning and
Development Department for review and approval. A final
inspection shall be arranged with the Planning and
Development Department a minimum of 24 hours from the
time of requested inspection.
4. All improvements required by these conditions shall be
within one year of the effective date of this approval,
pursuant to Chapter 9.164 of the La Quinta Municipal Code.
MR/CONAPRVL.072 -1-