PCRES 2006-009- PLANNING COMMISSION RESOLUTION 2006-009
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING A DENIAL OF THE REQUESTED
VARIANCE FROM THE MINIMUM LOT SIZE OF 7,200
SQUARE FEET AS REQUIRED UNDER LA QUINTA
MUNICIPAL CODE SECTION 9.50.030.
CASE NO.: VARIANCE 05-033
APPLICANT: MARK GREEN
WHEREAS, The Planning Commission of the City of La Quinta,
California, did on the 14`h day of February, 2006, hold a duly noticed Public
Hearing to consider the request of Mark Green for a variance from the minimum lot
size of 7,200 square feet as required under LQMC Section 9.50.030, in regards to
a proposed division of property into two 6,250 square foot lots, located at 54-066
Avenida Obregon, more particularly described as:
APN 770-204-026
WHEREAS, said variance request has been determined by the La
Quinta Community Development Department to be exempt from the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-631, pursuant to Section 15270, as the project has been
recommended for denial; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following Mandatory Findings to justify a
recommendation for disapproval of said variance request:
1. The request to create two 6,250 SF lots is inconsistent with the minimum
lot size standard of 7,200 SF cited in Table 9-2, Section 9.50.030 of the La
Quinta Municipal Code.
2. There are no special circumstances applicable to the subject property,
including size, shape, topography, location, unique characteristics of the
property, or surroundings, which, when the zoning regulations are strictly
applied, would deprive the property of privileges enjoyed by other properties
in the vicinity subject to the same zoning regulations.
3. The purpose of this variance request does not involve the restoration of a
property right lost to physical or situational circumstances. The applicant has
not been deprived of a substantial property right possessed by other
properties in the same vicinity and zoning district.
Planning Commission Resolution 2006-009
Variance VA 06-033
Mark Green
Approved: February 14`" 2006
4. Approval of this variance request would constitute a special privilege over
other properties in the Cove Residential zoning district, in that this request
would create a new non-conforming condition to which other conforming
properties would not be permitted under LQMC Section 9.50.030.
5. Approval of this variance would not be in accord with LQMC Section
9.270.070, "intended to prevent the expansion of nonconforming uses and
structures to the maximum extent feasib/e," in that approval of said request
would create a new non-conforming condition.
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 constitute the findings of the
Planning Commission in this case;
2. That the Planning Commission does hereby recommend denial of the
requested variance to the City Council for the reasons set forth in this
Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 14`" day of February, 2006, by the
following vote, to wit:
AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: None
ABSTAIN: None
M,KIRK, Chairman
of La Quinta, California
ATTEST:
DOUGLAS EVANS
Community Development Director
City of La Quinta, California