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HomeMy WebLinkAboutPC RES 30161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING DESIGN REVIEW 91-048 A REQUEST TO CONSTRUCT FOUR SINGLE-FAMILY HOMES AND RELATED IMPROVEMENTS AND VARIANCE 91-019 A REQUEST TO REDUCE THE FRONT YARD SETBACK FOR TWO FLAG LOTS TO 5 FEET AND TO REDUCE THE MINIMUM LOT WIDTH FOR ALL FOUR LOTS TO WIDTHS BETWEEN 14 AND 45 FEET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That proper applications, Design Review No. 91-048 and Variance 91-019, were filed by J. P. Greubel Company requesting approval of the development plan for a four-lot subdivision including a reduction in the required front yard setback and minimum lot width. Be That a public hearing was duly noticed, called and held on said application on March 23, 1992. The public hearing was closed on the item on March 23, 1992, and continued to April 13, 1992, as a consent calendar item. C. Pursuant to the criteria listed in Section 9272 of the Tustin City Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will impair the orderly and harmonious development of the area, the present or future development therein, and the occupancy as a whole, evidenced by the following: · The site plan will require the approval of variances for front yard setback and lot width resulting in lots that are not compatible with adjacent single family residential development. The adjacent development has structures deeply setback on lots which meet or exceed the minimum lot width standards. · The site plan will require deviations from the City's Private Street Standards in order to meet the minimum lot size which results in a substandard street and shared driveways which is not 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 21 22 9.3 27 g8 Resolution No. 3016 Page 2 Do characteristic of surrounding single family residential development. · The site plan proposes to orient the structures inward, which is inconsistent with surrounding single family development, which is oriented onto Holt and Warren Avenues. · The size and scale of the buildings is not compatible with surrounding single family residential development which is mostly made up of single-story, low- profile structures. · The site plan proposes a six-foot high perimeter wall along Holt and Warren Avenues differing from surrounding single family residential development and disrupts the character of existing development which has three-foot high fences along Holt and Warren Avenues at front property line. That the variance authorized will 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 and because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification as evidenced by the following: The subject property could be developed under the current zoning classification of E-4 (Residential Estate District) without depriving the owner of a right to develop similarly to surrounding properties, therefore the granting of a variance in this case is excessive and would be considered a special privilege. 3 4 5 6 1 8 9 10 ll 12 13 14 15 16 17 ~8 i9 20 21 22 23 24 25 26 27 28 Resolution No. 3016 Page 3 · The proponent for the project indicated that the dwellings on Lots 2 and 4 could be adjusted thereby eliminating the need for a variance to encroach 15 feet into the front yard setback. · The justification for the variances is based upon the need to maintain the minimum lot size stated for the R-1 (Single Family Residential District) Zone therefore, the granting of the variance would result in a special privilege not enjoyed by similar properties. There are no special circumstances applicable to the subject property related to size, shape, topography, location or surroundings that would prohibit development of the property under the current zoning classification of E-4 (Residential Estate District) in that the existing lot configuration of the subject property is similar to that of adjacent single family development. II. The Planning Commission denies Design Review 91-048 a request to construct four single-family homes and related improvements and Variance 91-019 a request to reduce the front yard setback for two flag lots to 5 feet and to reduce the minimum lot width for all four lots to widths between 14 and 45 feet. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of April, 1992. KATHLEEN CLANCY ~ Recording Secretary 8 10 11 12 13 14 15 17 18 i9 21 22 23 25 27 28 Resolution No. 3016 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATRLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3016 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of April, 1992. KATHLEEN CLANCY Recording Secreta~ry