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RESOLUTION NO. 3068
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING VARIANCE 92-005, AUTHORIZING
AN ACCESSORY STRUCTURE USED AS GUEST ROOMS TO BE 23
FEET, 8 INCHES IN HEIGHT WITH AN 18 INCH WROUGHT
IRON CRESTING FOR A TOTAL HEIGHT OF 25 FEET, 2
INCHES ON A R-1 LOT LOCATED AT 440 WEST MAIN STREET
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 92-005 has been
filed by Donald Le Jeune requesting authorization
to exceed the 20 feet maximum height requirement
for accessory structures used as guest rooms by
placing a 23 feet, 8 inch in height structure with
an 18 inch high wrought iron cresting for a total
height of 25'feet, 2 inches on an R-1 lot located
at 440 West Main Street.
Be
A public hearing was duly called, noticed and held
for said application on August 24, 1992.
Ce
The Planning Commission has reviewed the request
for a variance for the proposed accessory structure
used as guest rooms at the property located at 440
West Main Street and has made the following
findings:
·
Granting the variance shall not constitute a
grant of special privileges inconsistent with
the limitations upon other properties in the
vicinity and district in which the subject
property' is situated in that:
a ·
The structure which would be moved to the
subject location is an existing, single
story structure. The steeply pitched
roof of the subject structure is
characteristic of Victorian architecture
of which there are other examples in
the neighborhood. The peak of the roof
is 23 feet, 8 inches. The wrought iron
cresting is 18 inches in height, and
would bring the overall height of the
structure to 25 feet, 2 inches. Other
properties in the neighborhood have
structures which are approximately 30
feet in height.
b. The maximum height for single family
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Resolution No. 3068
Page 2
·
dwellings in the R-1 District, of which
this property is a part, is 30 feet in
height. The applicant had the option to
construct a second single family dwelling
on the same location on the subject site
with a building height of 30 feet.
C ·
Heights and setbacks of structures in the
neighborhood vary. Some properties in
the vicinity have structures that are
approximately 20 feet in height and
setback approximately 20 to 25 feet.
Other properties in the vicinity are 30
feet in height and are setback 40 feet,
88 and 89 feet.
de
The average height of the structure is 19
feet, 4 inches. Only 26 percent of the
roof structure exceeds 20 feet in height.
Seventy four- percent of the roof
structure is below 20 feet. The intent of
the Code would be met in that the 52 feet
setback from the front property line, the
10 feet setback from the side property
line and the sloping roofs of the
structure permit the flow of light and
air, and separation between structures.
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.
Se
The houses adjacent to the subject
property are set back from the front
property line approximately 88 feet and
25 feet. As presently developed, the
subject property does not contribute to
the streetscape as do other properties
with regular intervals between structures
located at the front of the properties.
Instead, the existing single family
dwelling on the property is located 210
feet to the rear of the front property
line. The lack of a structure at the
front of the property creates a gap in
the streetscape. The subject structure,
setback 52 feet from the front property
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Resolution No. 3068
Page 3
line, would fill in the existing gap in
the streetscape.
0
The height and setback of the structure
is compatible with the heights and
setbacks of other structures in the
neighborhood. The properties across West
Main Street have structures approximately
20 feet in height that are setback
approximately 20 feet. The structure to
the west is approximately 20 feet in
height and is setback approximately 25
feet from the front property line.
Another structure to the west at 520 West
Main Street is approximately 30 feet in
height and is setback approximately 40
feet. The properties to the east, 420
and 430 West Main Street, are
approximately 30 feet in height and
setback 88 and 89 feet respectively.
De
The project is categorically exempt from the
California Environmental Quality Act, pursuant to
Section 15303 (Class 3).
II. The Planning Commission hereby approves Variance No. 92-
005 authorizing the request to exceed the 20 feet maximum
height requirement for accessory structures used as guest
rooms by placing a 23 feet, 8 inch in height structure
with an 18 inch wrought iron cresting for a total height
of 25 feet, 2 inches on an R-1 lot located at 440 West
Main Street 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 24th day of August, 1992.
BAK~
KATHLEEN CI/A-N~/~
Secretary ~/
'I
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Resolution No. 3068
Page 4
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. 3068 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 24th day of August, 1992.
KATHLEEN CLANCY
Recording Secretar~F
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EXHIBIT A
VARIANCE 92-005
CONDITIONS OF APPROVAL
RESOLUTION NO. 3068
GENERAL
1.1 The proposed project shall substantially conform to submitted
plans for the project date stamped August 24, 1992, on file
with the Community Development Department, as herein modified,
or as modified by the Director of Community Development
Department in accordance with this Exhibit. Minor
modifications to the site plan or structure may be approved by
the Director of the Community Development Department.
.1.2
Approval of Variance 92-005 is contingent upon the applicant
signing and returning an "Agreement to Conditions Imposed"
form as established by the Director of Community Development.
1.3
Permits for the relocation and improvement of the accessory
building used as guest rooms shall be issued within 12 months
of approval or this variance shall become null and void.
1.4
The maximum height of the proposed structure shall be 23 feet,
8 inches in height from finished pad, the level of which shall
be established at plan check. The maximum height of the
wrought iron cresting shall be 18 inches for an overall total
height of 25 feet, 2 inches from finished pad.
1.5 All applicable conditions of approval as listed in Exhibit A
of Resolution No. 3063 for CUP 92-025 shall also apply to this
Variance and are incorporated herein by reference.
SOURCE CODES
(2)
(3)
(4)
(5)
d
STANDARD CONDITION
PLANNING COMMISSION POLICY
MUNICIPAL CODE
RESPONSIBLE AGENCY REQUIREMENT
UNIFORM BUILDING CODE