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CC Resolution 1999-165d__ RESOLUTION 99-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING THE APPEAL OF MARK & DOROTHY HASTINGS REGARDING THE UNDERGROUNDING OF OVERHEAD UTILITY LINES FOR A PRESCHOOL FACILITY LOCATED AT THE NORTHEAST CORNER OF MILES AVENUE AND ADAMS STREET CASE NO.: SITE DEVELOPMENT PERMIT 99-655 APPEAL APPELLANT: MARK & DOROTHY HASTINGS FIRST SCHOOL OF THE DESERT) WHEREAS, the City Council of the City of La Quinta, California, did on the 7th and 21st days of December, 1999, hold a duly noticed Public Hearing to consider the appeal of Mark & Dorothy Hastings regarding the requirement to underground overhead utility lines, poles and associated structures pursuant to Condition No.53 of Site Development Permit 99-655 located at the northeast corner of Miles Avenue and Adams Street, more particularly described as: A Portion of A.P.N.: 604-071-005 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26ZZ day of October, 1999, hold a duly noticed Public Hearing at the request of Mark and Dorothy Hastings to consider approval of architectural and landscaping plans for a preschool facility to be constructed at the northeast corner of Miles Avenue and Adams Street, which was approved by adoption of Resolution 99-076, subject to conditions; and, WHEREAS, the Architecture and Landscaping Review Committee of the City of La Quinta, California, did on the 7th day of October, 1 999, hold a duly-noticed public meeting to consider approval of architectural and landscape plans for a preschool facility to be constructed on Miles Avenue, and did, by Minute Motion 99- ol 9, recommend approval of the request subject to conditions; 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 City Council did make the following mandatory finding to approve the appeal: The application of the Specific provision requiring the undergrounding of the utility lines for this development would be unreasonable, impractical and cause undue hardship to the applicant. BIB] 02-24-2000-U01 09:48:04AM-U01 ADMIN-U01 CCRES-U02 99-U02 165-U02 d__Resolution 99-165 Site Development Permit 99-655 Appeal December21, 1999 PZge 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does grant the appeal request for Site Development Permit 99-655 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21St day of December, 1 999, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None Jo;;<;A,Zr City of La Quinta, California ATTEST: ZEEK,CityCler City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWEZZity Attorney City of La Quinta, California BIB] 02-24-2000-U01 09:48:04AM-U01 ADMIN-U01 CCRES-U02 99-U02 165-U02