HomeMy WebLinkAboutCC RES 95-10 1 RESOLUTION NO. 95-10
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
3 APPROVAL OF VARIANCE 94-011 TO REDUCE THE MINIMUM
LOT WIDTH OF PARCEL 2 OF TENTATIVE PARCEL MAP 94-
4 149 FROM SIXTY (60) FEET TO 22 FEET AND TO INCREASE
THE MAXIMUM FENCE HEIGHT IN THE REQUIRED FRONT YARD
5 SETBACK AREA OF PARCEL 2 OF TENTATIVE PARCEL MAP
94-149 FROM THREE (3) FEET TO 6'-8" AT THE PROPERTY
6 LOCATED AT 440 WEST MAIN STREET, TUSTIN.
7 The City Council of the City of Tustin does hereby resolve as
follows:
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I. The City Council finds and determines as follows:
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A. That a proper application, Variance 94-011, has
10 been filed by Mr. Donald A. LeJeune to'reduce the
minimum lot width of Parcel 2 of Tentative Parcel
11 Map 94-149 from sixty (60) feet to 22 feet and to
increase the maximum fence height in the-required
12 front yard setback area of Parcel 2 of Tentative
Parcel Map 94-149 from three (3) feet to 6'-8" on
13 the property located at 440 West Main Street,
Tustin.
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B. That a public hearing was duly noticed, called and
15 held for said application on December 12, 1994 by
the Planning Commission. The Planning Commission
16 approved Variance 94-011 by the adoption of
Planning Commission Resolution No. 3314.
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C. That the City 'Council appealed the Planning
18 Commission's Action related to Variance 94-011 on
January 3, 1995.
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D. That a public hearing to consider the appeal was
20 duly called, noticed and held for said appeal on
February 6, 1995 by the City Council.
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E. The City Council has reviewed the subject request
22 for a variance to reduce the minimum lot width and
increase the maximum fence height and has made the
23 following findings:
24 1. Granting the variance shall not constitute a
grant of special privileges inconsistent with
25 the limitations upon other properties in the
vicinity and district in which the project is
26 situated in that all of the other properties
on the same block bounded by Main, "B", Sixth
27 and Pacific Streets are zoned for single
family residences and twelve (12) of the lots
28 have lot widths which are less than the
Resolution No. 95-10
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required sixty (60) feet. In addition, there
3 are other residential parcels within the
Cultural Resource District which function as
4 flag lots. The increase in the allowable
fence height shall not constitute a grant of
5 special privilege in that the fencing is
existing and is setback approximately 150 feet
6 from Main Street.
7 2. There are unusual or exceptional circumstances
applicable to the property,. including size,
8 shape, topography, location or surroundings
which deprive the subject property of
9 privileges enjoyed by other properties in the
area, in that the subject property is wider
10 and larger in area than most of the parcels in
the area and has sufficient area to be divided
11 into two (2) parcels which conform to the
minimum lot size requirements specified in the
12 City Code. Granting of this Variance will not
constitute a precedent. The subject property
13 is also one of the only properties in the
vicinity that has the opportunity for
14 construction of a second dwelling uni~ on the
front one-half of the lot without having to
15 remove any existing structures.
16 Due to the flag lot configuration and shape of
Parcel 2, the parcels would be deprived of
17 fencing that is necessary for security and
safety reasons and is typical of fencing found
18 on other properties in the area. Based on the
City's definition of a front yard, the subject
19 fencing would be located within the front yard
setback area, but would function as side yard
20 fencing or as a swimming pool barrier. The
Uniform Building Code requires that swimming
21 pools be surrounded by a barrier of at least
-five (5) feet in height.
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D. A Negative Declaration has been prepared and
23 certified for this project in .accordance with the
provisions of the California Environmental Quality
24 Act.
25 II. The City Council hereby upholds the Planning Commission's
lapproval of Variance 94-011 to reduce the minimum lot
26 width of Parcel 2 of Tentative Parcel Map 94-149 from
sixty (60) feet to 22 feet and to increase the maximum
27 fence height in the required front yard setback area of
Parcel 2 of Tentative Parcel Map 94-149 from three ~3)
28 feet to 6'-8" on the property located at 440 West Main
Resolution No. 95-10
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Street, Tustin, subject to the conditions attached hereto
3 as Exhibit A.
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PASSED AND ADOPTED at a regular meeting of the Tustin City
5 Council, held on the 6th day of February, 1995.
MAYOR
8
9 ~E. Wynn, City Clerk
10 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
11 CITY OF TUSTIN )
12
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
13 Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
14 the City.of Tustin is five; that the above and foregoing
Resolution No. 95-10 was duly passed and adopted at a regular
15 meeting of the Tustin City. Council, held on the 6th day of
February, 1995, by the following vote:
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COUNCILMEMBER AYES: Saltarelli, Doyle, Thomas, Worley
17 COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
18 : -
19 ~C~
20 ~ E. Wynn, City Clerk
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EXHIBIT A
RESOLUTION NO. 95-10
CONDITIONS OF APPROVAL
VARIANCE 94-011
GENERAL
(1) 1.1 Unless otherwise specified, the conditions
contained in the Exhibit shall be complied with
prior to City Council approval of Final Parcel Map
94-149, subject to review and approval by the
Community Development Department.
(1) 1.2' In the event that Tentative Parcel Map 94-149
e×pires, Variance 94-011 approval shall become null'
and void.
(1) 1.3 The applicant shall hold harmless and defend the
City of Tustin for all claims and liabilities
arising out of the City's approval of the
entitlement process for this project.
(1) ~1.4 Approval of Variance 94-011 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the
Director of Community Development.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION