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RESOLUTION NO. 2565
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING VARIANCE 89-02, TO
PERMIT A PROPOSED HOUSE ON LOT 2 OF TENTATIVE
TRACT MAP 13822 TO ENCROACH UP TO FIVE (5) FEET
INTO THE REQUIRED 65 FOOT REAR SETBACK MEASURED
FROM THE CENTERLINE OF YORBA STREET.
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows'
I. The Planning Commission finds and determines as follows-
A. That a proper application for Variance 89-02 has been filed on
behalf of Durfee Gardens, a limited California Partnership,
requesting approval to permit a proposed house on Lot 2 of
Tentative Tract Map 13822 to encroach up to five (5) feet into
the required 65 foot rear setback, measured from the centerline
of Yorba Street, pursuant to Section 9271(u) of the Tustin City
Code.
B. That a public hearing was duly called, noticed and held for said
application on February 27, 1989.
C. That a variance from the required 65 foot rear setback, measured
from the centerline of Yorba Street, pursuant to Section 9271(u)
of the Tustin City Code, is justified as demonstrated in the
following findings:
1. That there are unusual or exceptional circumstances
applicable to the subject property which do not necessarily
apply to other properties in the same zoning district in
that the property is located on a cul-de-sac, resulting in
an unusually shaped lot, having a front property line that
is curved, and decreases the depth of the lot. Such lots
are a minority in the R-1 District.
2. That granting the requested variance would not convey a
special privilege to the property owner, which right is
enjoyed by other property owners in the same district in
that the unusual shape of the lot restricts the placement
of the proposed house on the subject property and numerous,
existing structures in the vicinity enjoy similar reduced
setbacks from the centerline of Yorba Street.
3. That the granting of this variance would not be materially
detrimental to adjacent and surrounding properties in that
the design and aesthetic qualities of the proposed house
are compatible with the existing improvements in the
neighborhood and the proposed house would encroach a
maximum of five {5} feet into the setback and maintains a
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Resolution No. 2565
Page two
20 foot setback from the rear property line.
4. That the granting of this variance would not be contrary to
the City's General Plan in that it would not constitute
unorderly development.
II. That the Planning Commission hereby approves Variance 89-02,
permitting a proposed house on Lot 2 of Tentative. T~act Map 13822 to
encroach up to five (5) feet into the required 65 ~oot rear setback,
measured from the centerline of Yorba Street, pursuant to Section
9271(u) of the Tustin City Code, subject to the following conditions:
A. The permitted encroachment into the required 65 foot rear
setback shall not exceed five (5) feet, as measured from the
centerline of Yorba Street, at any portion of the subject unit,
and shall be verified by a licensed surveyor prior to foundation
and framing inspections. Written verification shall be provided
to the Community Development Department prior to each
inspection.
B. This variance approval shall become null an¢ void unless a
building permit is issued within 12 months of the date of this
Resolution.
C. The applicant shall sign and return an Agreement to Conditions
Imposed form prior to issuance of building permits for the
subject unit.
PASSED AND ADOPTED at a regul~ meeting of the Tustin Planning Commission,
held on the 27th day of February, 1989.
Penni Foley
Se c re ta ry
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planninq Commission of the City of Tustin, California; that
Resolution No. d~-.~~.., was duly passed aj~d aUopted at a~regular meeting of
the ~T~stin Planning Commission, held on the ~>~~day of ~
.
~9~'~. / "
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PENNI FOLEY
Recording Secretary