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RESOLUTION NO. 2643
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING VARIANCE 89-11 AUTHORIZING
CONSTRUCTION OF A KITCHEN ADDITION THAT ENCROACHES
THREE FEET INTO THE REQUIRED TEN FOOT STREET SIDE
SETBACK AT 17502 CHATHAM DRIVE.
The Planning Commission of the City of Tustin does heret~y resolve as
fol 1 ows'
I. The Planning Commission finds and determines as follows'
A. That a proper application, Variance No..~9-11, was filed hy
I'laria Roldan requesting authorization to construct a kitche
addition that encroaches three feet into the required ten f
street side setback at 17502 Chatham [)rive.
That a public hearing was duly called, noticed and held for
application on July 24, 1989.
C. That a Variance from the required ten foot street side seth
as required by Section 9223.a.1(f), is justified as evidenc
the following findings'
1. That there are unusual or exceptional circumstances
pertaining to the shape, size, topography, location or
intended use of the site in that the subject property
was developed under County development standards which
allowed less than a ten foot setback and over 50% of
the building frontage of the existing ho~se encroaches
into the required ten foot setback; this variance would
allow for architectural consistency with the existing
structure.
2. That granting the requested variance would not
c,~nstitute a special privilege to the applicant in that
based upon field inspections conducted by staff, it was
determined that the owners of the other corner lots in
the vicinity also enjoy street side yard setbacks that
are less than the required ten feet.
3. That granting the requested variance would not be
detrimental to surrounding and adjacent properties in
that the proposed addition would be built under the
exising side yard porch roof, would .be screened from
public view hy existing c.~ncrete block property line
walls and would allow for architectural consistency
with the existing structure.
4. That the proposed addition is consistent with the land
use policies of tl~e City's General Plan in that the
addition would not constitute disorderly development.
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Resol iJti on ..NO. 2643
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i). That this project is Categorically Exe,npt fro,'~ the reqtJirements
of the California Environmental I)uality Act, pursuant to Section
153D1 .e.
E. That the granting of the varianc,: as herein provided will not be
contrary to the intent of the Zoning Ordinance mr the p~Jhlic
safety, health and welfare, and said variance should t~e granted.
Fe
Proposed development shall he in accordance with the development
policies adopted by tile City Council; Uniform ~uildin§ Codes as
administered by the Building Official; Fi re Codes as
administered by tSe Orange County Fi re Marshal; and street
improvement requirements as administered by the City Engineer.
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G. Final development plans sqall require the review and approval of
the Community Development Director.
II. The Planning Commission hereby grants Variance 89-11 as applied for,
to authorize the construction of a kitchen addition that encroaches
three feet into the required ten foot street side setback at 17502
Chatham Drive subject to the following conditions:
A. The permitted encroachment for the kitchen addition sqall not
exceed tl~ree (3) feet.
This Variance sqall become null and void unless all permits are
issued within 12 months of the date of this Resolution.
C®
At building plan ct~eck, note on plans that stucco color/textures
and windows on the addition shall match those of the existing
hotJse.
The applicant shall sign and return an Agreement to Conditions
Imposed prior to issuance of any permits for tqe subject
addition.
Penni Foley
J Secretary
PASSED AND A,~DPTEI) at a regular meeting of the Tustin Planning Commission,
held on the 24th day of July, 1989.
Chai rJqan
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tus%in, California; that
Resolution No. ~5/_~ was duly passed and adopted at a regular meeting of
the T~stin Planning Commission, held on the ~/~4q day of ~
.
198~' .
PENNI FOLEY
Recording Secretary