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MA 1998-452- �► CA �10.: EE: $200 CITY OF LA QUINTA 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 9.210.030/Variance\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: e, • V c--OA.rn DATE: y/:y78 CONTACT PERSON (IF DIFFERENT): PHONE: 740 77176 34 MAILING ADDRESS: 15-70 &00,kAol%h/ ,Or *fd08 Se.n-k 40C, CA_ 9a70S (Address) / (City) (State) (Zip) OWNER'S NAME: C, C� 4 d6;�o v►. �„ MAILING ADDRESS: /S70 131-004 hollow Qr .4�a0-s Son �e, %ynC, Ct' `10703" (Address) (City) (State) (Zip) STREET ADDRESS OF PROPERTY: 17 y(pS w, e, k e L.c LEGAL DESCRIPTION OF PROPERTY: LOT # 5-3 TRACT ASSESSOR'S PARCEL NUMBER: _ 4'1f 3 1300 53 / ADJUSTMENT REQUESTED: dJ 'u s n1 C 40 J SP �4c [ TD Yv e, REASON FOR REQUEST: eCyrt,&c�%%4�C' 140-Jcr A0UIC Grp ,pnvV/ Je lei -See, Ye4✓ ✓e! The following findings shall be made by the decision -making authority prior to the approval of ally Minor Adjustment Permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of the Zoning Code. 3. Compliance with CEO A. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially etrlmenttaal to the public health, safety and general welfare or injurious to or incompatible with other properties or )n the vicinity. PLANNER: JAN 15 1998 A2\For<nCITY OF LA QUINTA 013 T4ty, 4 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 98-452 (47-965 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 back of the house to the north. 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. SBA452Denial-WILING 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, J RY RMAN M NI DEVELOPMENT DIRECTOR GREG O SDELL Associa a Planner GT. Attachments c: Community Development Director Building and Safety Manager Greg Butler, Counter Technician SBA452Denial-21 Requested ByI�#-Icordlfig HICAGO TITLE COMPANY —0 WHEN RECOROED MAIL TO Canaday & Company �'"° 1570 Brookhollow Drive Ao„ou Suite 208 atie dole Santa Ana, CA 92705 9 45a- Lo S .3 `.� 41.9582 -- RECEIVED FOR RECORD AT 2:00 O'CLOCK ram.. Y�w:�r Tom, NOV 1.4 1997 P,+t , Ca. �'�.- •.. P00"Oeo In canal of Sao cw,my. Recorder Fees S I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED APN No. Title No. Escrow No. 01873CB THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ 616.00 CITY TAX S (B computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale, 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 b hereby GRANT(s) to CANADAY AND COMPANY, a California Corporation the following described real property in the County of RIVERSIDE , State of California: Lots 49 through 59, inclusive, and 98, 99, loop and 104)OfdTrsc0 t 26152 SEE E1:HIBIT "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 _1rL FArT State ;a );(&y,G(L County of $s. On I before me. (here Insert name) Notory Puplic. personolly oopeored �me6n , rQ. personally known to me (or proved to he basis of satisfactoryevidence) lobe the person(s) whose name(s) is/ore -1�bscribeo to the within instrument and OCknowledged to me oa thot he/sho/they OXOCuted the some in hiS/her/thou authorized copoclty(les). and MCI by. his/her/their signatures) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument WITNESS my hand and official seol. ERKONDALYNN D.13000NN 4?- Iy tOta ISSION r Ix 940914 krd&d TMU Notary Pubk L1XI1-11- Signaturea&141��,�, . /l.// off'. +001 -7M61 Omad _ l d ZS l 6 l SL V l L ANVd6100 AV(3VNV0 NnM -I VAV. i: a o, UL i EXHIBIT "A" Parcel 1 : Lots 49, 50, 51, 52, 63, 54, 55, 56, 57, 58, 59, 98, 99, 100, 104, and 110 of Tract no. 26152 in the City of La Quinta, County of Riverside, State of California, as per map recorded in Book 227, pages 77 the office of the County recorder of said County and amended by through 85 inclusive of maps, in Resolution no.91-108, recorded March 26, 1992, as instrument no. 105176. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances lying within and under that portion of said land, lying below a depth oeS Oro d n�deed recorded August 4 1993 asanstrumeetmeasured vertically from the surfce offntlannoa or into that portion of the subsurface,as 303.830 official records. Parcel 2: A nonexclusive easement for ingress, egress, use and enjoyment of the common area as defined in the declaration of Conditions, Covenants, and Restrictions recorded November 27, 1991 as instrument no. 415112. TRA: 020-024 APNos: 643-130-049-6 -050-6 -051-7 -052-8 =057-3 -059-5 -055-1 -056-2 -054-0 643-140-001-3 -002-4 -003-5 643-130-058-4 -053-9 -063-8 -047-5 7.� i✓5 l 6 l SL . D l L ANbdWOC .�.b'CVNb:� INO;dd 4 l 9 5 8 2 PARCEL 3: 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'this reference. The temporary easement 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. 1 under the Declaration of streets providing vehicular and pedestrian access to Parcel 1 herein and the transfer of fee title to or an easement over said streets to the Lake La Quinta Homcowncss 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 I 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 contractual; provided however, that the reservation made herein shall not reserve to or for the benefit of Grantor any right to enter upon•theturface of the Property in the exercise of such rights, together with the right and power to use or utilise 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. • y B. I3ascmctits over the property for the construction, installation and maintenance of electric, gas, telephone, water, sewer, private street, landscaping. trail and drainage facilities, 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. Tnxes and None Assessments: Nondelinquent general, special and supplemental real property taxes•and asiessments, 2. Restrictions of Record: All covenants, conditions, restrictions. reservations, dedications, casements,• encumbrances, rights and rights of way of 'record. 3. Assignment of Declarant Rights: Effective upon recordation of this Deed. Grantor assigns to Granter with respect to the property, all of Grantor's rights, exemptions and entitlements as "Declarant" under the Declaration and any amcndinen' is or annexation documents recorded in connection therewith, including without limitation, all exemptions from Association, Architectural and other review and approval; development rights, entitlements and access over all portions of the Rancho La 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., c;i v t t_ �,Ntrcit•tnn kvnVNV:) vin, -t vror• 1. S RFiF;1. L - 1. x. a_ ....__ _. :_ M.�.,..,_�. .P. `. ,' ,> , i __ �� I I j i I � � �� i I '� �i �` � t is it � i,