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PCRES 1992-017PLANNING COMMISSION RESOLUTION 92-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE FROM THE MINIMUM LOT SQUARE FOOTAGE REQUIREMENT, LOT WIDTH AND SETBACK REQUIREMENTS CASE NO. VAR 92-022 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of April, 1992, hold a duly -noticed Public Hearing to consider the request of George Mooney for a Variance to Chapter 9.42.050 of the La Quinta Municipal Code (LQMC), to deviate from the SR (Special Residential) standards by creating a parcel size less than 5,000 square feet, less than 50 feet wide, and to create a five foot sideyard setback for a zero lot line single family home, located on the west side of Eisenhower Drive and 208 feet south of Calle Tampico, more particularly described as: LOTS 5, BLOCK 127 SANTA CARMELITA AT VALE IN LA QUINTA, UNIT #14, PAGE 14 IN MAP BOOK 18/82-83 WHEREAS, said Variance request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended and adopted by Resolution 83-68, in that the Planning Director conducted an initial study, and has determined that the proposed project will not have a significant adverse impact on the environment, and a categorical exemption has been prepared; 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 granting of said Variance: The strict application of the Special Residential Zone Code requirements to the subject property will deprive the applicant, George Mooney, of the privilege to enjoy his property in a similar fashion to other surrounding property owner's without having any legal encumbrances on his property which could cloud his property title in the future based on existing facts. The finished lot (4,400 square feet) will provide the same outdoor recreation opportunities as a typical home and all other provisions of the SR Zone Code can be met. Since the purpose and intent of the setback standard is to provide design guidelines, requirements may be reasonably attained by special conditions of approval. Approval of the Variance, as conditioned, will not constitute the granting of any special privileges inconsistent with limitations on other similarly zoned property in the area. RESOPC.070 4. The Conditions of Approval will assure that the integrity of the Village Specific Plan will be upheld and this action will not negatively 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 conclusion of the Categorical Exemption 15305, Class 5 which indicated that approval of the Variance would not constitute a significant impact on the environment. 3. That it does hereby grant said Variance 92-022 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 28th day of April, 1992, by the following vote, to wit: AYES: Commissioners Ladner, Ellson, Marrs, Vice Chairman Mosher NOES: None ABSENT: Chairwoman Barrows ABSTAIN: None IFRED'MOSHIER, Vice Chairman City of La Quinta, California ATTEST: of Quinta,j California RESOPC.070 2 1PLANNING COMMISSION RESOLUTION 92-017 VARIANCE 92-022 - APPROVED APRIL 28, 1992 The property line separating Lots 4 and 5, Block 127 of Santa Carmelita at Vale La Quints No. 14 shall be adjusted 6 feet south of its present location through the review and approval of a Lot Line Adjustment application. The property adjustment shall be recorded with the County of Riverside within two weeks after approval of this case by the City Council. The north sideyard setback for 51-125 Eisenhower Drive shall be five feet and subject to all other requirements of the SR Zone Code Standards. This case shall not effect SR Adjustment Case 89-002 which was previously reviewed by the City in 1989. CONAPRVL.050