Loading...
HomeMy WebLinkAboutPC RES 3585.s lo ~2 ~4 17 ~8 2O 21 25 RESOLUTION NO. 3585 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 98-001 TO ALLOW ENCROACHMENT OF TEN (10) FEET INTO THE REQUIRED REAR YARD SETBACK OF TWENTY (20) PERCENT OF THE LOT DEPTH THAT RESULTS IN A MINIMUM SETBACK VARYING FROM TEN FEET (10') AT THE SOUTHERN CORNER TO EIGHTEEN FEET SIX INCHES (18'-6") AT THE NORTHERN CORNER OF THE RESIDENCE LOCATED AT 14681 EVANSTON CIRCLE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows:' m. That a proper application fro: Variance 98-001 has been filed by Norma McCo'llou_~h requesting the reduction of the required rear yard setback to seven feet ten inches (~'- 10") to allow for the construction of an addition to the residence located at 14681 Evanston. Bo That a public hearing was duly called, noticed and held for said item by the Planning Commission on April 13, 1998. Co That because of special circumstances applicable to the subject property., including size, shape, topography, location or surroundings, the strict application of the Zonina Ordinance is found to deprive subject property of prMleges enjoyed by oth~ properties in the vicinity and under identical zone classifications in that: . There are special circumstances, with respect to the size, shape, and surroundings of the project site, that limit the possibility of expanding the residence. The lot is located at the end of a cul-de-sac, resulting in an irregular configuration. Further more, the house is situated on an angle which creates a trapezoidal shape side and rear yard without a uniform depth and one comer of the house fight at the setback line. , The special c~nfiguration of the lot and position of the house on the lot does not justify the extent of the request. Therefore, conditions have been included so that an adequate addition to the rear of the house is possible, but a minimum ten (10) feet setback from the rear property, line at the closest point is maintained. Do That any Variance granted shall be subject to such conditions as will assure thru the setback reduction thereby authorized shall not constitute a re'ant of special privilege inconsistent'with the limitations upon other properties in ~e vicinity, and disu-ict in which the subject property is situated in that: , The granting of this Variance would not constitute a special privilege. The rectangular shaped properties within the same zorfing district are proxfded with a larger rear yard which would accommodate for reasonable additions to the rear of the house. The requested-Variance as condition~ would maintain a minimum ten (10) foot rear yard setback at the closest point to the property line consistent with the expansion oppommities of other residents in the area. 12 13 14 17 2O 24 22 23 24 25 Eo That this project involves the construction of minor modifications to an e.'dsting residential structure and is, therefore, categorically exempt (Class 1) from Ne requirements of the Califorrfia Environmental Quality Act, (CEQA) pursuant to Section 15301 of the State CEQA Guideline. II. The Planning Commission hereby approves Variance 98-001 to allow a ten (10) foot encroachment to the required rear yard setback that will reduce the rear yard setback from ~venty percent of the lot depth to a minimum ten (10') feet at the southern comer and eighteen feet six inches (18'-6") at the n0rthem comer on the property located at 14681 Evanston, subject to the conditions contained in E 'xh.ibit A, and as shown in E.xhibit B attached hereto. PASSED AND ADOPTED at a regular m ssion, held on the 13th day of April, 1998. · · o w'- maT. ,x'z m. 'q . Chairman ,P" ' ] Planning Commission Secretary STATE OF CALIFORNL4~ ) COUNTY OF ORANGE ) CITY OF TUSTIN. .) I, ELIZABETH A. BINSACIC, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3585 was duly passed and adopted at a r~m.tlar meeting of the Tustin Planning Commission, held on the 13th day of April, 1998. l E2..IZABETH A. BINSACK Planning Commission Secretary EXHIBIT A- RESOLUTION 3585 CONDITIONS OF APPROVAL VARIANCE 98-001 14681 EVANSTON (1) (1) (1) (1) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped April 13, 1998, on file with the Community Development Department, as herein m6dified, or as modified by the Director of the Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. 1.3 Variance approval shall become null and 'void Unless building permits are issued within twelve (12) months of the date of this Exhibit. 1.4 Approval of Variance 98-001 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. PLAN SUBMITTAL The proposed plans shall be revised to satisfy ali the requirements identified in this Exhibit. 2.2 The existing enclosed patio located at the rear of the house shall be. removed. 2.3 The applicant shall submit revised plans graphically depicting that the closest point from the addition to the rear yard setback shall be ten (10') feet at the southern corner and eighteen feet six inches (18'-6") in the northern corner. SOURCE CODES (2) (3) STANDARD CONDITIONS PLANNING COMMISSION POLICY MUNICIPAL CODE REQUIREMENT (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY Exhibit A- Resolution Nu. 3585 Conditions of Approval Variance 98-001 Page 2 (1) '2.4 VVhen submitting for a building permit, the applicant shall submit three sets of plans, two sets of structural and energy calculations. Site plan, landscape plan, electrical, mechanical and plumbing plans shall be included. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.5 Plans for remodeled area shall comply with applicable codes, City. Ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Energy Efficiency Standards (1) 2.6 The plans shall clearly indicate existing and proposed improvements. (1) 2.7 Ali new construction shall be consistent in materials, styles, treatments and details with the existing elements. The addition shall be completely located within the buildable envelope as indicated on Exhibit B. NOISE (1) 3.2 FEES (1) 4.1 (1) 4.2 Ail construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Prior to issuance of any building permits, payment shall be made of all applicable building plan check and permit fees to the Community Development Department. Payment shall be required based on those rates in effect at the time of payment and are subject to change. Within forty-eight (48)'hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the County Clerk, in the amount of $38.00 (thirty eight dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality ACt. If within such forty-eight (48) hour period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.