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Home My WebLink AboutPC RES 3086-A 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 23 24 25 26 27 28 RESOLUTION NO. 3086 A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 92-006, AUTHORIZING THE CONSTRUCTION OF A SECOND STORY RESIDENTIAL ADDITION OVER AN EXISTING GARAGE THAT WOULD ENCROACH FIVE FEET INTO THE REQUIRED 20 FEET FRONT YARD SETBACK ON AN R-1 LOT LOCATED AT 17931 LUCERO WAY. The Planning Commission of the City of Tustin does hereby resolves as follows: I · The Planning Commission finds and determines as follows: A· That a proper application, Variance 92-006, has been filed by Joseph and Darlene Alfuso requesting authorization to construct a second story residential addition over an existing garage that would encroach five feet into the required 20 feet front yard setback on an R-1 lot located at 17931 Lucero Way. Be · A public hearing was duly called, noticed and held on September 14, 1992. C~ The Planning Commission has reviewed the request for a variance for the proposed second story residential addition that would encroach five feet into the front yard setback at 17931 Lucero Way and has made the following findings: o Granting the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district which the subject property is situated in that the garages of several houses in the neighborhood, including the subject property, already encroach five feet into the 20 feet'front yard setback. ~ There are unusual or exceptional circumstances applicable to the property including size, shape, topography, location or surroundings which deprive the subject property of privileges enjoyed by other properties in the vicinity. Garages on other properties do not encroach into the frontyard setback, and therefore, can accommodate the 1 2 3 4 5 1 8 9 10 11 12 13 14 15 16 17 18 2(}! 21. 22~ 23 2-1 25~ 27 28 Resolution No. 3086A Page 2 construction of second story additions that are not setback but are, instead, placed entirely over the garage and share the same front yard setback dimension. This restricts the subject property from adding as much square footage within the original confines of the house footprint as other neighboring property owners in the vicinity may add. D · The project is categorically exempt from the California Environmental Quality Act, pursuant to Section 15301 (Class 1). II. The Planning Commission hereby approves Variance 92-006 authorizing the request to construct a second story residential addition over an existing garage that would encroach five feet into the frontyard setback on an R-1 lot located at 17931 Lucero Way subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of September, 1992· /7 .. ,/Q ~/9 /) ~4 KATHLEEN CLANCY cf/ Secretary /ALDEN L. BAK~.R Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3086A was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of September, 1992. EXHIBIT A CONDITIONS OF APPROVAL VARIANCE 92-006 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans for the project date stamped September 14, 1992, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this exhibit. Minor modifications to the project may be approved by the Director of Community Development. (1) 1.2 Approval of Variance 92-006 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 Permits for the project shall be issued within 12 months of approval or this ~ variance shall become null and void. PLANNING (1) 2.1 Identify the following information on plans: Note that "Ail materials, finishes and colors shall match existing materials, finished and colors." bo Note that "No outdoor storage is permitted except as approved by the Community Development Director." C · Note that "Ail exposed metal flashing or trim is either anodized or painted compatible with the building." SOURCE CODES (1) STANDARD CONDITIONS (4) MUNICIPAL CODE (2) PLANNING COMMISSION POLICY (5) UNIFORM BUILDING CODE (3) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Conditions of Approval Variance 92-006 Page 2 (1) 2.2 Indicate all paint colors on materials to receive paint. Call out trim and window sash colors. All colors and finish materials shall be consistent with the existing colors and materials of the residence. (1) 2.3 Show all downspouts and gutters on plan check drawings. PLAN CHECK (1) 3.1 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. (4) 3.2 Preliminary technical detail and plans for all utility installations including cable T.V., telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (5) 3.3 Ail construction shall comply with the 1991 Uniform Building Code. FEES (4) 4.1 Payment of the following fees, but not limited to, shall be made prior to the issuance of any building permits, in accordance with the Tustin City Code: a · Building plan check and permit fees to the Community Development Department. be School district fees to the Tustin Unified School District.