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RESOLUTION NO. 2274
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE 85-7 FOR THE
PROPERTY AT 14302 CHERRYWOOD LANE
The Planning Commission of the City of Tustln does hereby resolve as
follows-
-I. The Planning Commission finds and determines as follows'
A.
That a proper application, (Variance No. 85-7) , was filed by
Mr. and Mrs. Emil Becker, requesting author z-T~-tion to vary with
the 5 foot si deyard-setback requirements for the property at
14302 Cherrywood Lane.
B. That a public hearing was duly called, noticed and held on said
app 1 i ca ti on.
C. 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
properti es i n the vi ci ni ty and under i denti ca 1 zone
classification, evidenced by the following fihdings'
1. The use is in conformance with the land use element of the
Tustin Area General Plan.
2. The variance will be of a health benefit for the owner.
3. The use will have no adverse impact upon the adjoining
property because there is a 5 foot easement area which has
to remain free and clear of any structures. This easement
area is on the adjoining lot line between the edge of the
proposed pool (property line) and the neighbor's wall.
D. 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.
Ee
That this project is categorically exempt from the requirements
of the California Environmental Quality Act.(Class II.)
F..
That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance or the public
safety, health and welfare, and said variance should be granted.
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Resolutlon No. 2274
Page
Ge
Proposed development shall be in accordance with the development
policies adopted by the City Council; Unform Building Codes as
administered by the Building Official; Fire Codes as
administered by the Orange County Fire Marshal; and street
improvement requirements as administered bY the City Engineer.
He
Final development plans shall require the review and approval of
the Community Development Director.
II. The Planning Commission grants a variance as applied for, to
authorize the construction of a pool while varying with the S foot
sideyard-setback requirement subject to the following conditions'
1. Requtre survey stakes at property ltne for locating pool.
2. Pool must be located enttrely on owner's property. No
construction can be approved crossing property line.
3. Any existing electrical conductors, outlets and lights will be
required to meet the 1984 electrical code chapter 680.
4. Equipment location will have to conform to code requirements.
5. Any missing or damaged street improvements shall be installed or
replaced. A refundable cash bond of $500.00 shall be posted
prior to issuance of permit.
6. Compliance with Uniform Swimming Pool Code (Ordinance No. 770
and 835 as amended).
PASSED AND ADO~T,~ at a regul~~rl~of the Tustin P]anning Commission,
held on the 14th day of October, 1985.
Recording Secretary
KATHY WEIL,
Chairman
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
[, DONNA ORR, :he undersigned, hereby certify :ha: I am the Recording
Secretary of :he Planning Commission Of./:he City of Tus~in;
Californta/~ :hal: Resolu:ion No. ~,~.~z/was duly passed and adopl:e~
a regular//~e~g~of l:Qe Tus~in ~lanni'ng Commission, held on
day of /~~~ lg ~~. /
Recording Secretary