HomeMy WebLinkAboutPC RES 2889 1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
17
18
i9
20
21
29~
23~
25
2¢
27
28
RESOLUTION NO. 2889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING VARIANCE 91-06 TO AUTHORIZE AN
ENCROACHMENT OF 10 FEET FROM THE ULTIMATE RIGHT-OF-
WAY LINE INTO THE REQUIRED FRONT-YARD SETBACK THE
SOUTHERLY PERIMETER FENCE AT THE PROPERTY LOCATED
AT 305 EAST 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 No. 91-06 was
filed on behalf of Cathy Klein requesting
authorization to vary with the requirements of the
CG (Commercial General) Zoning District's front
yard setback by encroaching 10 feet from the
ultimate right-of-way line into the required front
yard setback.
.
That a public hearing was duly called, noticed and
held on said application on March 25, 1991.
Co
That because of special circumstances applicable to
the subject property, relative to size, shape,
topography, location or surroundings, a strict
application of the Zoning Ordinance is found to
deprive subject property of privileges enjoyed by
other properties in the vicinity and under
identical zone classification, evidenced by the
following finding:
·
The existing building on the site already
encroaches into the required front yard
setback stated as 10 feet.
.
The proposed fence is required in order to
assure safety in the operation of a pre-school
on the site and due to the existing building's
location, it would be physically impossible to
link the south elevation exit/entrance door to
the play yard without encroaching into the
setback.
De
That the granting of a variance as herein provided
will not 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 in that the
proposed use as a pre-school demands that
precautionary measures be taken in order to assure
the safety of the children and that conditions of
3
4
5
6
8
9
10
II
13
14
15
17
181!
,i
9-01,
21
22:
23
25
2¢
27
28
approval have been included in Resolution 2888 to
assure that a 10 foot front yard setback is
maintained in the event that the City should execute
the Irrevocable Offer to Dedicate Right-of-Way
recorded on this property at any point in the
future.
Ee
That this project is Categorically Exempt (Class 3)
pursuant to the provisions of Section 15303 of the
California Environmental Quality Act.
II. The Planning Commission hereby approves Variance 91-06 to
authorize an encroachment of 10 feet from the ultimate
right-of-way line into the required front-yard setback
the southerly perimeter fence at the property located at
305 East Main Street, subject to the conditions attached
as Exhibit A to Resolution No. 2888, and incorporated
herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 25th day of March 1991.
Chairman ~ \
KATHLEEN CLANCY ,~'
Recording Secretary
7
8
9
10
11
12
13
14
15
17
18
i9
~_1
~3
24
25
27
28
Resolution No. 2889
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 Commission of the City
of Tustin, California; that Resolution No. 2889 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 25th day of March, 1991.
KATHLEEN CLANCY
Recording Secretary