HomeMy WebLinkAboutPC 2009-16 (2)PLANNING COMMISSION
RESOLUTION NO. 2009-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING VARIANCE 2009-01 TO
ALLOW A NEW TWO-STORY RESIDENCE TO ENCROACH INTO THE
REQUIRED FRONT YARD SETBACK 10 FEET ON LOT NO.9 OF
TRACT 51169 LOCATED AT 22878 CANYON VIEW DRIVE, DIAMOND
BAR, CA (APN 8713-024-013)
A. RECITALS
The Planning Commission considered an application filed by Masum Azizi,
AIA, on behalf of the property owner, Billy Chung, requesting a variance to
allow a ten (10) foot reduction in the required front setback (from 30 feet to
20 feet) in order to construct a new 10,738 square foot single family
residence on a 43,273 square foot Rural Residential (RR) zoned parcel of
land with a consistent underlying General Plan Land Use designation.
2. The subject property is zoned Rural Residential (RR) and it contains
43,273 square feet (0.99 acres) of gross land area. The property in
question is subject to the Rural Residential (RR) Development Code
Standards.
3. The subject property is legally described as Lot 9 of Tract No. 51169, and
the Assessor's Parcel Number is (APN) 8713-024-013.
4. Public Hearing notification was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers and property
owners within a 500 -foot radius of the project site were notified of the
proposed project by mail. Further, a public hearing notice display board
was posted at the site, and the notice was posted at three other locations
within the project vicinity.
5. On July 14, 2009 the Planning Commission approved Development
Review 2007-38 to allow the construction of a two-story 10,738 square
foot single family residence.
6. On July 28, 2009, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission has determined the project to be Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) in accordance with the provisions of Article 19 Section 15305(a)
of the CEQA Guidelines (minor alterations in land use limitations). No
further environmental review is required.
VARIANCE FINDINGS
3. Based upon the information contained in the submitted plans, the
associated staff report and testimony given at the public hearing the
Planning Commission hereby finds as follows:
a. There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this development code
denies the property owner privileges enjoyed by other property owners
in the vicinity and under identical zoning districts or creates an
unnecessary, and non -self-created, hardship or unreasonable
regulation which makes it obviously impractical to require compliance
with the development standards.
The subject site was developed as part of Tract Map 51169. The 13
lot map was designed with building pads incorporated into the existing
topography so that they were located on the flattest part of each lot.
This resulted in most of the pads being set back from the street to
accommodate existing slopes and grading, making the required 30 foot
front setback feasible for most of the homes. The subject lot in
question, 22878 Canyon View, has a wide and shallow building pad
located right at the street frontage, with a slope and drainage
easement located over the entire portion of the lot not dedicated to the
building pad. The site is approximately 43,273 square feet in area,
with only 14,585 square feet available for development, resulting in
over 66% of the lot being located within the easement area. The slope
and drainage easement in the rear of the lot limits the ability of the
proposed residence to build into the slope as is common in the RR
zoning district, requiring them to encroach into either the front or rear
setback in order to construct a house that is comparable in size to
those in the immediate area. Additionally, the requested variance will
allow for the design of the residence to have a front elevation that does
not result in a large "box -like" design, but rather a well designed single
family home with varied massing and articulation at the front elevation.
b. Granting the variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other property owners in
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Planning Commission Resolution No 2009-16