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RESOLUTION NO. 2554
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING VARIANCE 88-11,
PERMITTING AN EXISTING 5.5 FOOT HIGH WOOD FENCE
LOCATED WITHIN THE REQUIRED 20 FOOT FRONT YARD SETBACK
AT 14272 SHADYBROOK DRIVE TO REMAIN.
The Planning Commission of the City of Tustin does hereby resolve as
fol lows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Variance No. 88-11), has been filed
on behalf of John M. Ross requesting approval to permit an
existing 5.5 foot high wood fence located within the required 20
foot front yard setback to remain at 14272 Shadybrook Drive
where the zoning code permits a three (3) foot maximum height
fence .
B. That a public hearing was duly called, noticed and held for said
application on January 23, 1989.
C. That a variance from the maximum fence height permitted by the
zoning code is warranted 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 I~'roperty line that
is curved, and decreased 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 not
enjoyed by other property owners in the same district in
that the unusual shape of the lot restricts the placement
of a fence, which would be permissible on most other
properties in the R-1 District.
e
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 fence are
compatible with the existing improvements in the
neighborhood and the perceived height of the fence is
mitigated by the use of semi-transparent lattice at the top
of the fence.
4. That the granting of this Variance would not be contrary to
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Resolution No- 2554
Page two
the City's General Plan in that it would not constitute
unorderly development.
D. That this project has been determined to be Categorically Exempt
(Class 3) pursuant to the provisions of Section 15303 of the
California Environmental Quality Act.
II. The Planning Commission hereby approves Variance 88-11 authorizing a
previously constructed five foot, six inch high fence located within
the front yard setback where the Zoning Code permits a three {3) foot
maximum height fence at 14272 Shadybrook Drive, subject to the
following conditions:
1. The subject fence shall substantially conform with information
on file on the project as of January 23, 1989. No alterations,
additions or reconfigurations to that portion of the fence
located within the 20 foot front yard setback shall be
permitted, that would increase its height, change its materials,
increase its opaqueness, or cause it to encroach further into
the front yard setback without approval of the Department of
Community Development.
e
Variance approval shall become null and void unless building
permits are issued within 60 days of the date of this
Resolution.
e
Building and plumbing permits shall be obtained for the fence
and irrigation system from the Building Division of the
Community Development Department within 60 days of the date of
this Resolution and all requirements of the Uniform Building
Code must be complied with as approved by the Building
Official. Prior to issuance of building permits, all applicable
fees shall be paid.
4. The fence shall be maintained in proper condition and state of
repair.
hePASSEDld on AND the ADOPTED. on the 23rd day of January, 1989
Secretary
~Chairman
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby cer%ify that I am the Recording
Secretary of the PlanniNg Commission of the City of Tustin, California; that
Resolution No..~.~? was duly passed a~ a(Iopted ~q:-a. regular meeting 'of
the~stin Planning"Commission, held on the~.,~ .~ day of"--~. ~_x~~.
.
-PENNI FOLEY
Recordi ng Secretary