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PCRES 1994-011PLANNING COMMISSION RESOLUTION 94-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE FROM THE BUILDING LOCATION SETBACK REQUIREMENTS FOR DESERT CLUB DRIVE FROM 10 TO 0 FEET CASE NO. VAR 94-025 - BOGAN VILLAS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of May, 1994, and on the 14th day of June, 1994, hold duly -noticed Public Hearings to consider the request of the DoDco Construction Services for a Variance to Section 9.90.071 of the La Quinta Municipal Code (LQMC), to permit the first floor of the building on the property line and/or any other items deemed necessary by the Planning Commission, more particularly described as: SOUTH 1/2, NORTHWEST 1/4, SECTION 6, T.6.S., R.7.E. S.B.B.M. (APN: 769-101-010, 011, 012) WHEREAS, a Negative Declaration has been prepared pursuant to the California Environmental Quality Act for the commercial project. Mitigation measures have been proposed to reduce the overall impact of the project on the surrounding area. 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: 1. The strict application of the Village Specific Plan and C-V-C design standards deprive the Applicant of providing an innovative design solution for his new office/retail building. 2. The new structure setback on Desert Club Drive will not impact the immediate area because the right-of-way width on Desert Club is larger than Calle Estado thereby providing an opportunity for a tree lined parkway with enlarged pedestrian sidewalk between the proposed building and the new street curb. 3. There are no physical constraints which prohibit development of the site. 4. The proposal project conditions will insure that no long-term environmental impacts affect the community or abutting properties. 5. The Conditions of Approval will assure that the project is designed in an orderly fashion. RESOPC.132 1 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 Environmental Assessment which indicated that approval of the Variance would not constitute a significant impact on the environment and hereby approves a Negative Declaration of environmental impact. 3. That it does hereby grant said Variance 94-025 for the reasons set forth in this Resolution and subject to the attached conditions (Exhibit "A"). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of June, 1994, by the following vote, to wit: AYES: Commissioner Adolph and Chairwoman Barrows NOES: Commissioner Ellson ABSENT: Commissioner Marrs ABSTAIN: Commissioner Abels KATIE BARROWS, Chairman City of La Quinta, California ATTEST: I JERRY tIERMAN, Planning Director Cuy of La Quinta, California RESOPC.132 2 PLANNING COMMISSION RESOLUTION 94-011 EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED VARIANCE 94-025 - BOGAN VILLAS JUNE 14, 1994 1. The approval shall remain active as long as Plot Plan 94-522-Revised is in effect. 2. Approval of the Variance is subject to approval of Plot Plan 94-522-Revised. 3. No building setback will be required on Desert Club Drive for the new building addition. CONAPRVL.125