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MA 1998-451CASE fV.: qe - `J PLC . $200 CITY OF LA Q UINTA Community Development Department APPLICATION FOR MINOR ADJUSTMENT APPLICANT: Submit this form with two copies of a scaled site plan, drawn to adequately depict the nature of the request. A nonrefundable fee of $200 is required when the Application is submitted. The check must be made payable to the "City of La Quinta". A Minor Adjustment Permit (Section 9.210.040/Zoning Ordinance) may be approved only for deviations of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten -foot setback requirement) or for deviations specifically identified in the La Quinta Zoning Ordinance. Other deviations shall require consideration of a variance (pursuant to Section 9.210.030Nariance\Zoning Ordinance). If the Applicant is not the owner of the property, a letter must be submitted by the owner authorizing the Applicant to execute this document in his behalf. ************************************************************************************************ PLEASE PRINT OR TYPE APPLICANT/CONTRACTOR: 6. rn e,cle- Conn y DATE: V-5i CONTACT PERSON (IF DIFFERENT): 13oI b-Je- lkcr PHONE: 76® 77/ 96, 3- MAILING ADDRESS: /6-7op j� oo4 ` a lla,,i 10v- Adob> r S&K ¢a 4n w Cf} F P7®5' (Address) (City) (State) (Zip) 0WNER'S NAME: (f4 n 4e/l e d .0 n, 4 MAILING ADDRESS: /S7D �ro© a 494- *,UJ 1,a G4 9la 7.0-!r (Address) (City) (State) (Zip) STREET ADDRESS OF PROPERTY: 78—,y75 LEGAL DESCRIPTION OF PROPERTY: LOT # 5-5, TRACT 2 61Se2 ASSESSOR'S PARCEL NUMBER: / ADJUSTMENT REQUESTED: � u n. 6 )ro n a ref Se e- c [L r-C C 4_0 4a f O er REASON FOR REQUEST: L / 14CfOrK06f<lC A is4fr novic 4h /7r-oyil C /de%L►-1Pr )-Psc✓ es✓�! The following findings shall be made by the decision -making authority prior to the approval of any Minor Adjustment Permit: 1. Consistency with General Platt. The project is consistent with the General Plan. 2. Consistency with Zoning Coda. The project is consistent with the provisions of the Zoning Code. 3. Compliance with CEOA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. At 4. Surrounding Uses. Approval of the application will not create conditions materiallpdPal to the public health. safety and general welfare or injurious to or incompatible with other propertiesHHJ4,r fd-use4 the vicinity. PLANNER: CITY OF Lie OUNTIN A2\Fonn013 � w FILE COPY ce-d. 4 4 Qum& 78-495.CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 — (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 January 22, 1998 Mr. Bob Walker Canaday and Company 1570 Brookhollow Drive. #208 Santa Ana, California 92705 Subject: Minor Adjustment 98-451 (78-875 Via Trieste) Dear Mr. Walker: The Community Development Department has reviewed your request to encroach into the front yard setback from 20-feet to 17-feet to construct portions of a three -car garage for a new single family home pursuant to Section 9.210.040 (Minor Adjustments) of the Zoning Ordinance. We find that we cannot approve the request for the following reasons: 1. This minor adjustment is inconsistent with the intent and purpose of the Zoning Code because it proposes an adjustment of the front yard setback even though the lot can accommodate the proposed improvements by shifting the rear portion of the house to the south. 2. The property is not irregularly shaped creating a need to allow an adjustment:in the front yard for the attached garage structure. 3. The proposed design is not architecturally compatible with surrounding homes. This minor adjustment is detrimental to the health, safety, and general welfare of this area of the City for reasons addressed herein. This decision may be appealed to the Planning Commission provided the necessary paperwork and filing fee of $175.00 are filed with this office within 15 days. Please contact our office if you need assistance with your application. SBA451 Denial -WI LING ADDRESS — P.O. BOX 1504 — LA QUINTA,' CALIFORNIA 92253 �� Please feel free to contact me at 760-777-7067, should you have any questions. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR OUSDELL Planner GT. Attachments c: Community Development Director Building and Safety Manager Greg Butler, Counter Technician SBA451 Denial-21 ecordttrg 5 nested By 9 CHICAGO TITLE COMPANY AND WHEN RECORDEO MAIL to Canaday & Company �'"° 1570 Brookhollow Drive Aav,au Suite 208 cwra Santa Ana, CA 92705 scoe 41.9582 -- RECEIVED FOR RECORD AT 2.00 O'CLOCK NOV 14 1997 pll', (i!. F!n.- •.. Reowdeo in of w Reowth of Rbn we County. catbaue Recorder Fees S_ I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED APN No. Title No. Escrow No. THE UNDERSIGNED GRANTOR(s) DECLAREW 01873CB DOCUMENTARY TRANSFER TAX is S 616.00 CITY TAX S IX computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sole, G Unincorporated area: 0 City of LA QUINTA and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILMA-LA QUINTA L.P., A DELAWARE LIMITED PARTNERSHIP /& hereby GRANT(s) to CANADAY AND COMPANY, a California Corporation the following described real property in the County of R I V E R-S I D E , State of California: Lots 49 through 59, inclusive, and 98, 99, 100, and 104/ofdTrac0 t 26152 SEE EXHIBIT "A ATTACHED . WILMA-LA QUINTA L.P. A DELAWARE LIMITED PARTNERSHIP BY: CENTRUM PORT PAVILION LTD., Dated: October 29, 1997 PARTNERARE CORPORATION, AS GENERAL BY: WILMA SOUTH MANAGEMENT CORP., A GEORGIA CORPORATION, ITS ATTORNEY TN pACT, Stole County of On I before me. LLAJ \ (here Insert name) No7P"Jolic. personally oppeored U , -&AaA Personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/ore �ubscnpeCI to the within instrument Ond OCknOwledged to me ON that he/she/they executed the Same In his/her/their ant me(&) COpoCity(lao and rn tr ny his/her/their signatvre(s) on the instrument the person($), or the entity upon beholf of which the Person(s) acted. executed the instrument WITNESS my hand and official seal RNONDALYNN D. GOOOWIN MY COMMISSION 0 CC M14 ,� EXPIRES: June 6, 2001 Bonded Ttrtu NotnrY PW* LkW6rwft" Signoture /O OKi. %*of -ithin norob. I `� Z516 15L V I L ANVdN00 AVGVNVO HOa E X H-I B 17 'A" � Parcel 1 • � ' � . .. • . Lots `49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 98, 99,,,100, 104, and 110 of Tract no. 261 52•in.the City of La Quinta, County of Riverside, State of California, as per map recorded in Book 227, pages-77 ' through 85 inclusive of maps, in the office of the County recorder of said County and amended by= Resolution no.91-108, recorded March 26, 1992, as instrument no..105176. i EXCEPTING THEREFROM all oil, gas and other^hydrocarbon substances lying within and under that ce portion of said land, lying below a depth of reserved feet, nmeasured virtically from the eed recorded August 4 1993:- arsanstrumeof �ntlno. or into that portion of the subsurface, as reserve ; 303830 official records. - Parcel 2: + A nonexclusive easement for ingress, egress, use and enjoyment of the common area as defined i . declaration of Conditions, Covenants, and Restrictions recorded No 27;'1991 as instrumentt nnoo. 415112.. TRA: 020-024 ` APNos: 643-130-049-6 0501-7 -052-8 -057-3 , -059-5 -055-1 -056-2 " -054-0 643-140-001-3 j- -002-4 , .-003-5 643-130-058-4 -053-9 -063-8 t. -047-5 . T 'e� Z5161SL. V LL ANIVdNOC AVaVNV7 N0;�9 HIVE, t S fat- PARCEL 3: 419582 A temporary nonexclusive easement appurtenant to Parcel 1 for pedestrian and vehicular access, ingress and egress over that certain real property more particularly described in Exhibit 1 which is attached hereto and incorporated herein by Ibis reference. The temporary casement granted In this Parcel No. 3 shall automatically terminate and be of no further force or effect upon annexation of the Lots describe on Parcel No. I under the Declaration of streets providing vehicular and pedestrian access to Parcel l herein and the transfer of fee title to Or an easement over said streets to the Lake La Quinta Homeowner Association, a California nonprofit corporation ('Association') for access and use purposes pursuant to the Declaration. Upon the termination of the temporary easement granted pursuant to this Parcel No. 3, access to Parcel 1 of the Property shall be pursuant to the nonexclusive casements granted pursuant to Parcel No. 2 above. RESERVING THEREFROM UNTO GRANTOR, is successive owners and assigns, together with the right to grant and transfer all or a portion of same as follows: A. All water rights or interest in water rights that may be within, under or on the property, whether such water rights are riparian, overlying, appropriative, percolating, prescriptive or conuacrual;rProvided however, that the reservation made herein shall not reserve to or for the benefit of Grantor any right to enter upon* the isurface of the Property in the exercise of such rights, together with the right and power to use or utilize on any other property owned or leased by Grantor any and all water rights or interest in water rights no matter how acquired by Grantor. B. Easements over the property for the construction, installation and maintenance of electric, gas, telephone, water, sewer, private street, landscaping, trail and drainage faeilitics, provided that the construction and installation of such facilities shall not unreasonably. interfere with Grantee's development or use of the Property. SUBJECT TO: 1. Taws and None A gasmen : Nondelinquent general, special and supplemental real property taxes and assessments; 2. Restrictions of Record: All covenants, conditions, restrictions, reservations, dedications, easements, encumbrances, rights and rights of way of record. 3. Assignment of Dcclnr-ant Rights: Effective upon recordation of this Deed, Grantor assigns to Grantee with respect to the property, all of Grantor's tights, exemptions and entitlements as "Declarant" under the Declaration and any amendments or annexation documents recorded in connection therewith, including without limitation, all exemptions from Association, Architectural and other review and approval; development tights, entitlements and access over all portions of the Rancho Lz Quinta development for purposes of constructions, development and sale of residences within the Property; and all voting rights of Declarant with respect to the property. Upon recordation of this Deed, Grantee shall have the same rights with respect to the property under the Declaration as Grantor prior to the date of recordation of this Deed.