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Home My WebLink AboutPC RES 356710 1! 12 13 15 16 17 15 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3567 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 97-003 TO REDUCE THE REQUIRED REAR YARD SETBACK FROM TWENTY (20) FEET TO TEN (10) FEET AT A RESIDENCE LOCATED AT 2362 SABLE TREE CIRCLE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That a proper application for Variance 97-003 has been filed by Donald Berkheimer requesting the reduction of the required rear yard setback to ten (10) feet to allow for the construction of an addition to the residence located at 2362 Sable Tree Circle. B o That a public hearing was duly called, noticed and held for said item by the Planning Commission on December 8, 1997. C . That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other 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. Because of the site's location at the end of a cul-de-sac, the lot is an irregular pie-shape whose front and rear property lines are not parallel, which creates a rear yard with a less than uniform depth. This results in one corner of the house being much closer to the rear property line than the other. Of the 1,741 square foot addition, approximately seventy- five (75) square feet each of the northeastern corner of the master bedroom and the upstairs bonus room project into the existing setback. 10 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3567 Page 2 m o That any Variance granted shall be subject to such conditions as will assure that the setback reduction thereby authorized shall 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 in that: The granting of this Variance would not constitute a special privilege. Properties within the development that do not abut Tustin Ranch Road are allowed to have a ten (10) foot rear yard setback which would accommodate additions to the rear of the main structure. The requested Variance would maintain a ten (10) foot rear yard setback consistent with the limitations placed on the majority of the properties within the development. E · That this project involves the construction· of minor modifications to an existing residential structure and is, therefore, categorically exempt (Class 1) from the requirements of the California Environmental Quality Act, (CEQA) pursuant to Section 15301 of the State CEQA Guideline. II. The Planning Commission hereby approves Variance 97-003 to reduce the rear yard setback from twenty (20) feet to ten (10) feet at a residential property at 2362 Sable Tree Circle, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of ~he Tustin Planning Commission, held on the 8th day of December, 1997. HOWA 5 TZMAN Chairman ~ ELIZABETH A. BINSACK Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3567 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3567 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 1997. ~LIZ~BETH A.-BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 97-003 2362 SABLE TREE CIRCLE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 1997, on file with the Community Development Department, as herein modified, 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) 1.2 Variance approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. (1) 1.3 Approval of Variance 97-003 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.4 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. (1) 1.5 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. BUILDING DIVISION (1) 2.1 When submitting for a building permit, submit three sets of plans, two sets of structural and energy calculations. Site plan, landscape p~an, 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. Homeowner Association approval of the plans is required and shall be stamped on the plans. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Conditions of Approval Variance 97-003 December 8, 1997 Page 2 (1) 2.2 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) 2.3 The plans shall clearly indicate existing and proposed improvements. (1) 2.4 Ail new construction shall be consistent in materials, styles, treatments and details with the existing elements. NOISE (1) 3.1 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. (1) 3.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. FEES (1) 4.1 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. (1) 4.2 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.