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Home My WebLink AboutPC RES 2896 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 I9 20 23 24 26 RESOLUTION NO. 2896 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 91-03, TO ALLOW TWO GARAGES TO ENCROACH INTO THE REQUIRED FIVE-FOOT MINIMUM SETBACK AT THE PROPERTY LOCATED AT 140 SOUTH "B" STREET 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, Variance 91-03 has been filed by Michael A. Porto, on behalf of William Lauer, to allow one garage to encroach five feet into the required minimum five-foot rear-yard setback and one garage to encroach 4½ feet into the required five-foot minimum side yard setback at 140 South "B" Street. Be That a public hearing was duly called, noticed and held for said application on April 8, 1991. Ce That the Planning Commission has reviewed the request to allow one garage to encroach five feet into the required five-foot minimum rear yard setback and one garage to encroach 4½ feet into the required five-foot minimum side yard setback and has made the following findings: · There are unusual or exceptional circumstances applicable to the property including size, shape, topography, location or surroundings which do not apply to other properties in the vicinity. The property has two zoning designations with different development standards with which the property owner must comply. The present configuration of the property is restrictive due to the placement of the historically significant cottages in relation to the other existing structures. As developed, and with the required five-foot setbacks, the site does not allow adequate turning radius for automobiles to park in required garage spaces. , Granting the variance will not convey a special privilege to the property owner 3 4 5 6 8 9 10 11 12 13 14 ~5 ~7 ~8 i9 20I 23 24 25 26 27 28 Resolution No. 2896 Page 2 which is not enjoyed by other property owners in the vicinity. Granting the variance will bring the parking on the site into compliance with the Tustin City Code, by permitting garage space for four additional automobiles. · The granting of the variance will not be detrimental to adjacent and surrounding properties. The proposed garages will be screened by an exiting concrete block wall, will not be of an excessive height, and will be architecturally compatible with the existing structures on the site. · This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). II. The Planning Commission hereby approves Variance 91-033 to allow two garages to encroach into the required five-foot minimum setback at 140 South "B" Street, subject to the Conditions contained in Exhibit A and attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 1991. KATHLEEN CLANCY Secretary 5 7 8 10 11 12 13 14 15 16 17 18 i9 23 ~4 ~5 27 Resolution No. 2896 Page 3 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 Commissicn of the City of Tustin, California; that Resolution No. 2896 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of April, 1991. KATHLEEN CLANCY Recording Secretary EXHIBIT A RESOLUTION NO. 2896 CONDITIONS OF APPROVAL VARIANCE 91-03 GENERAL (1) 1.1 The project shall substantially conform to submitted plans date stamped April 8, 1991, on file with the Community Development Department. (1) 1.2 Unless otherwise specified, conditions in this Exhibit shall be complied with prior to issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Variance approval shall become null and void unless all necessary building permits are issued within twelve months of the date on this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 The applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits. (5) 1.5 The two parcels shall be consolidated into one by executing and recording a covenant and agreement to hold the two parcels as one. SITE AND BUILDING CONDITIONS (5) 2.1 Construction or replacement of any missing or damaged public improvements adjacent to this development will be required along with any new construction required for this development which would include, but not limited to; curb and gutters, sidewalks and drive aprons. (5) 2.2 Both garages shall be entirely finished with 5/8" Type X drywall on all four walls and on the ceiling. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Variance 91-03 April 8, 1991 Page 2 (Z) 2.3 A one-hour rated exterior wall shall be constructed on the portion of each garage that is within five feet of a property line subject to the requirements of the Uniform Building Code. (3) 2.4 The Uniform Building Code requires an occupancy separation of one-hour-rated walls between the existing garage and southwestern cottage. (4) 2.5 Materials, finishes and colors of the garages must duplicate the materials, finishes and colors of the existing structures as indicated on the plans. (3) 2.6 A building permit is required for any concrete block wall to be erected on the property over 36-inches high. PLAN SUBMITTAL (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. (1) 3.2 Technical details and plans for all utility installations, including cable TV, telephone, gas, water and electricity shall be required as applicable. No field changes shall be made without corrections submitted to and approved by the Building Official. FEES (1) 4.1 Payment of the following fees 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. b· School District fees to the Tustin Unified School District, if applicable.