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RESOLUTION NO. 3396
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, DENYING VARIANCE 95-010 TO
EXCEED THE MAXIMUM PERMITTED HEIGHT OF A
WROUGHT IRON FENCE WITHIN THE FRONT YARD
SETBACK FROM THREE (3) FEET TO FIVE (5) FEET
FOR AN EXISTING SINGLE-FAMILY RESIDENCE
LOCATED AT 1521 COPPERFIELD DRIVE
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
That a proper application, Variance 95-010,
has been filed by Keith W. Bague to request a
Variance from Tustin City Code Section
9271i(1) (b) to allow a five (5) foot high
wrought iron fence within the front setback of
an existing single-family residence located at
1521 Copperfield Drive.
Be
That a public hearing was duly called, noticed
and held for said application on October 9,
1995 by the Planning Commission.
Ce
That the Planning Commission denied Variance
95-010 subject to a confirming resolution to
be presented to the Planning Commission on
October 23, 1995.
Do
That the Planning Commission has found that
the Variance would 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; and that because of a
lack of special circumstances applicable to
the subject property, including size, shape,
topography, location or surroundings, the
strict application of the Zoning Code would
not deprive the subject property of privileges
enjoyed by other properties in the vicinity
and under identical zone classification as
evidenced by the following:
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Resolution No. 3396
Page 2
·
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The granti. Dg of tl]is Variance would
constitute a special privilege in that
the subject property is developed in a
manner typical of the corner lots at
tract entrances in the same vicinity and
zoning district, including building
orientation and setbacks, yet those other
lots are in compliance with the fence and
wall development standards set forth in
Code Section 9271i. The overall design
of the existing street-adjacent side yard
wall on the subject property is typical
of the tract entry walls located on
corner lots elsewhere within the same
subdivision.
The subject property has no unusual
features that would warrant the granting
of this Variance, in that the subject
property is a relatively flat,
rectangular parcel, similar in size,
shape, topography, location and
surroundings to other single-family
residences with front or side yards
adjacent to Red Hill Avenue and/or
Copperfield Drive within the R-1
district.
The granting of this Variance is not
necessary to accomplish the intended
purpose of reducing the vulnerability of
the subject property to perceived safety
and security risks in the vicinity of the
subject property, in that there are
alternatives to the proposed fence design
that would be in compliance with the
limitations of Tustin City Code Section
9271i:
a·
Pursuant to Code Section
9271i(1) (b), a fence or wall not
exceeding three feet (3') in height
may be constructed within the front
setback, which would provide a
physical barrier between the public
right-of-way and the subject
property and thereby restrict
unauthorized access;
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Resolution No. 3396
Page 3
bo
Pursuant to Code Section
9271i(1) (a), a fence or wall not
exceeding six feet eight inches
(6'8") may be constructed on the
subject property, twenty feet (20 ' )
from the front property line. This
configuration would provide for an
open space area with a minimum depth
of sixteen feet (16') between the
fence or wall and the building line.
II.. The Planning Commission hereby'denies Variance 95-
010, a request to vary from Tustin City Code
Section 9271i(1) (b) to allow a five (5) foot high
wrought iron fence within the front yard setback of
an existing single-family residence located at 1521
Copperfield Drive.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission held on the 23rd day of October, 1995.
~REYES ~
Recording Secretary
Chairpe~on
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3396
was duly passed and adopted at a regular meeting of the ·
Tustin Planning Commission, held on the 23rd day of
October, 1995.
Recording Secretary