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HomeMy WebLinkAboutPC Minutes 07-24-67CALL TO ORDER ROLL CALL III. APPROVAL OF MINUTES IV. PUBLIC HEARINGS MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION July 24, 1967 The meeting was called to order at 7:35 P.M., by Chairman Marsters Present: Commissioners: Brand, Oster, Ludwig, Marsters, Bacon Absent: Commissioners:' Sharp, Halus Others Presnet: James G. Rourke, City Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Secretary It was moved by Mr. Oster, secqnded by Mr. Brandy.that the minutes of July ~0~ 1967 meetin~ be approved as mailed. Motion carried. I. ZC-67-158 - William and Elizabeth Hatch For rezouing of Assessor's Parcel #14-291-03, from C-2 (Cemtral Commercial) to R-3 (Multiple Family Residential) and for prezoning of Assessor's Parcel #14-291-06 as R-3 (Multiple Family Residential). Total site area is 5.17 acres, 4.25 acres of which is unincorporated territory. Mr. Supinger presented a brief staff report, recouunending that Assessor's Parcel #14-291-03 be rezoned from C-2 (Central Com- mercial) District to R-3.(Multiple Residential) District for the following reasons: 1. The proposed rezoning will conform to the Tustin z%rea General Plan. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. It is rec~,ended that Assessor's Parcel #14-291-06 be prezoned R-3 (Multiple Residential) District for the following reasons: 1. The proposed rezoning will conform to the Tustin Area General Plan. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Chairman Marsters opened the public portion of the hearing at 7:37 P.M. There being no discussion from the audience the hearing was declared closed. Mr. Oster asked Mr. Supinger if the subject property immediately abuts the freeway along the west side and Mr. Supinger said yes. There being no further discussion from the Commission; It was moved by Mr_. Bacon, seconded by }lt. Oster that Resolution No. 901 recommending, tHat Assessor's parcel #14-291-03 be rezoned from CZ2 (Central Commercial) District. to R-~ {Multiple Residential) District for the followin~ reasons: 1. The proposed rezoning will conform to the Tustin ,\rea General Plan. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made ,~ part o. the motion. -1- PC Minutes - July 24, 1967 The above motion was voted by roll call. Ludwig, Marsters, Bacon. Noes: None. Motion carried 5-0. Ayes: Oster, Brand, Absent: Sharp, Halus. It was moved by ~ir. Bacon~ seconded by Mr. Brand~ that RcsolutJon No. 902~ recor~ending that Assessor's Parcel P14-291-06 be prczoned R-3 (Multiple Residen.tial District for the following reasons: 1. The proposed rezoning will conform to the Tustin Area General Plan. 2. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of ~he motion. The above motion was voted by roll call. Ayes: Ludwig, Marsters, Bacon. Noes: None. Absent: }lotion carried 5-0. Brand, Oster, Sharp, Halus. 2. ZC-67-157 - Initiated by Planning Commission Rezoning initiated by the Planning Commission on a portion of Assessor's Parcel ~14-291-25 (ZC-67-157) fromm (Industrial) District to C-2 (General Commercial) District. }:r. Supin~er presented the staff report stating that the reason for the application is to remove industrial zoning from an area designated for Heavy Density Residential on the General Plan. Mr. Supinger recommended approval. Chairman Marsters opened the public portion of the hearing at 7:43 P.M. Mr. John A. Richardson, owner of subject property, stated that he approved of the proposal and was there to answer any questions if the Planning Commission so desired. There being no discussion on the matter, Chairman Marsters declared the public portion of the hearing closed at 7:45 P.M. It was moved by Mr. Oster~ seconded bv Mr. Bacon that Resolution No. 903 for ZC-67-157 recommendin~ approval and adoption of an ordinance reclassifying the southerly 150 ft.~ of Assessor's Parcel #14-291-25 fromm (Industrial) District to C-2 (Central Commercial) District be 8ranted for the following reasons: The property owner has developed the northern part of the property with commercial uses and has approved plans for development of the subject area. 2. The rezoning will remove industrial zoning from a residential area. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. The above motion was voted by roll call. Ayes: Oster, }~rsters, Bacon. Noes: None. Absent: Motion carried 5-0. Brand, Ludwig, Sharp, Halus. 3. V-67-189 - Dean Evans on behalf of Martin Winn Variance to permit an addition on existing home two and one-half (2%) feet fro~ the rear property line. Mr. Supinser presented the staff report stating that this variance is to permit the existing addition on home which is less than five (5) feet from the rear property line in an R-1 District, recommending denial. -2- PC Minutes - July 24, 1967 The Fire Department felt that in case of fire, it would be very difficult to move hose lines around the house to prevent fire from spreading to other property and the fire could also spread to other property through the windows before arrival of the Fire Department. The Building Department stated that if the variance is approved, they recommend the following conditions be attached to such approval: 1. That no opening be permitted in the northeasterly wall. 2. That the door between the dining room and room addition be removed. 3. That Mr. Winn have a licensed electrical contractor check all wiring and certify to the Building Department in ~.=iting that all wiring meets the requirements of the City. Mr. Supin~er did not feel that it was good practice to grant a variance after a structure is constructed without permits and in violation of City regulations. Chairman Marsters opened the public portion of the hearing at 7:48 P.M. ~r. Dean Evans, 18051 Fourth St., Tustin, representing ~[r. Winn, owner of the property, stated that Mr. Winn was a victim of cir- cumstances, due to him being sick and relying on the contractor, to find out later that the house did not meet the regulations. Mr. ~:;iqn, 1271 Lance Driv~ Tustin, stated that at the time this was constructed, he was disabled and not able to follow up on the matter. He felt that the added expense of closing off the two rear windows was not within reason due to the orange groves and the closest building being approximately 100 ft. away. Chairman Marsters declared the public portion of the hearing closed at 7:53 P.M. The Commission asked questions relative to the fire hazards and building codes, removal of the door between the dining room and additional room, etc. Mr. Oster opined that in view of the recommendations of' the Fire and Building Departments and the Zoning Ordinance, we should not grant a special privilege in this matter. It was moved by Mr. Oster~ seconded by Mr. Br~nd~ that Application No. V-67-189 be denied for the follOWin~ reasons: That the adjustment applied for,will.constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in %.£nich the subject property is situated. That special circumstances applicable to the subject property, including size, shape, topography location or surroundings, do not, because of the strict application of the zoning ordinance, deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. That the minutes and evidence introduced at this meeting including the recommendations of the Fire Department and Building Department be additional grounds. The above motion was voted by roll call. Ayes: Oster, Brand, Ludwig, ~'~rsters,' Bacom. ~c~: Yon,. '~b~cnt:' S~arp, H~lus. Carried 5-0. 4. V-67-190 - Lloyd and Laura Sinclair Variance to construct a swin~n[ng pool in the rear nc.tback which is less than five (5) feet fr(~n ['he rear The proposal would include a four (4) foo~- r~,.'~r .,;~'.: i~wk ~-:~d a three (3) foot side setback. -3- PC Minutes - July 24, 1967 }:r. Supinger presented the staff report stating that the applicant's justification chat this is thc only area in which a pool could be installed was not sufficient for granting of a variance as required by the Zoning Ordinance and recommended denial. Chairman Marsters opened the public portion of the hearing a~ 8:00 P.M. Mr. Lloyd Sinclair - 17312 Laurie Lane, Tustin, stated that there are four (4) other pools within one-half (~) of the block around him. Ifc stated that his home and lot were sold to him as a "pool size" lot and explained that the pool would not be a large pool bu~ 14' X 28' He commented that there ha~ been no complaints or denials from anyone for his request. Chairman Marsters declared the public portion of the hearing closed at 8:05 P.M. Questions from the Cor~ission were: Could the pool be moved to the easterly side? Had he consulted more than one pool company? Is there a fence around the pool? The size of the pool and things of this nature. Mr. Sinclair said that the pool could not be moved easterly, more than 6 inches, that he had contacted more than one pool company, there is a fence 6 ft. in height around the area and the size of the pool is 10' at the deep end and 14' at the shallow end. It was moved by Mr. Oster~ seconded by Mr. Bacon~ that Resolut.ion No. 904 .for Application No. V-67-190. be granted for the following reasons: That the adjustment hereby authorized will not constitute a grant of special priVilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. That because o~ special circumstances applicable to thc subject property, including size, shape, topography, location or surround- ings, the strict application of the Zoning Ordinance will deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. As additional grounds, the minutes and evidence introduced at the ~'. .... lng; ~rc indlude~ by reference and made a part of the motion. The above motion was voted by roll call. Marsters, Bacon. Noes: None. Absent: 5-0. Ayes: Brand, Oster, Ludwig, Sharp, Halus. Motion carried 5. V-67-191 - Fred De Iorio Variance to construct the construction of parking garages five (5) feet from the southern property line. Mr. Supin~er presented the staff report recon=nending approval of V-67-191. Chairman Marsters opened the public portion of the hearing at 8:13 P.M. Mr. De Iorio, owner of the property, stated that he was there to answer any questions if the Commission so desires. Chairman '~,~rsters declared the public portion of the hearing clos,':d at 8:15 P.M. Mr. Oster asked if all the other property between Second and Third Street have parking garages built the same way. Mr? Suping~cr answered yes. -4- PC Minutes - July 24, 1967 It was moved by blr. Oster, se.cond.ed by i, lr. Bacon thmt Resolution 905 for V-67-191 be granted for the foilowin~ reasons: That the adjustment hereby authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance will deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone class- ification. The above motion was voted by roll call. Marsters, Bacon. Noes: None. Absent: 5-0. Ayes: Brand, Oster, Ludwig Sharp, Halus. Motion carried OLD BUSINESS 1. .~IENDMENT TO ZONING ORDINANCE NO. 157 - Accessory Structures Mr. Supinger explained that a revised draft has been submitted with a couple of modifications since the last meeting, some as a result of the workshop session, and some from information that was derived since that time. He stated that one of the revisions would involve adding to the first sentence of section "e", the words or if the abutting lot i_~s unimproved, which would permit a zero foot setback for an accessory structure if there were no improvements on the adjoining property. Mr. Brand brought up tile subject of subsection "h" using Mr. De Iorio's application for an example. Mr. Brand stated that if ',:c 5o not get into subsections, some provisions for garages spacing on an alley, the way it reads now, we will have to put in an inclusion for alleys. Mr. Supinger felt that he could solve the problem by adding to the subsection, shall be enclosed bM a solid wall on such side or sides, unless such accessory structure includes parking spaces which opeD toward an alley or an access easement. Chairman Marsters and Mr. Oster felt that maybe it should be con- tinued until something was worked out in the correct wording. Mr. Su~inger felt that there was urgency in the respect that appli- cations are coming in quite frequently. He felt that if the Commission was in agreement with the proposed ordinance as revised, that it should be forwarded to City Council for approval and adoption~ with a little leeway for the City Attorney to draft a few changes. It was moved by Mr. Oster, second._e..d.by Mr. Brand,. tha.t with nbc under- standing of some provision of subsection "h" relative ~o Mr. Brand's comments that Resolution No. 906 for :\m. endment to Zonin~ Ordinance No. 157, the proposed ordinance AccessorM S~ru~tures, be recommended [o City Council for ~pproval and adoption. Motion carried unanimously. VI. BUSIgMSS None VII. CORRES- PONDENCE Appeal of Burger Chef of Architectural Cor. mit~ee's Decision Mr. Supinger explained that although the Architectural fell' :'i~at there was an imp~'ovemcnt in thc, pia.~ ..... ',~c submittal of plans, thay fcic there sl~n~:~ .... .... . ..'. therefore deny{ng the proposal. -5- PC Minutes - July 24, 1967 Mr. Roger M.cCune, 1505 East Seventeenth Street, represel',~in~.,, the Burger Chef, stated that after tile last ,',rchitectural Cor.=;',i~t~:e Meeting there had been no c].~:~.~es except wi~at was made at thc meeting. After being shown plans for the proposed Burger Chef and discussion on the matter, the Commission voted unanimously to uphold the Architectural Cormr. ittee's decision for recommendation of denial. 2. Trans-Robles Signs Mr. Supinger reported to the Commission thc action that has been taken on this matter. He has contacted Mr. Walter Cribben and was assured that his people have been given orders to see that the signs be removed and all other requirements be complied with. Mr. Supingcr has explained that there have been complaints from residents and ~he Commission and Mr. Gribben told him that they would be removed within one week. VIII. OTHER BUSINESS IX. ADJOURN- MENT Mr. Brand requested a vote by roll call on,%he Burger Chef matter with the Architectural Committee's decision for the record. Ayes: Oster, Brand, Ludwig, Marsters, Bacon. Noes: None Absent: Sharp, Ha lus. Motion carried 5-0. None It was moved ~y Mr. Bacop, seconded by Mr. Oster be adjourned. Motion carried unanimously. that the maetina There being no other business before the Planning Conzaission, thc meeting was adjourned at 8:45 P.M. -, SECR~ARY OF THE PLANNING COMMISSION CHAIP~M~NC~ THE PLANNING CO,~;~SIOX -6-