HomeMy WebLinkAboutPC RES 1578 1
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RESOLUTION NO. 1578
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN GRANTING A VARIANCE ON APPLICATION NO.
V 76-10 OF ASPEN MINE COMPANY, A RESTAURANT, TO VARY
WITH THE ZONING ORDINANCE
~OLUTION OF THE PLANNING CO~r~4I SS ION OF THE CITY
OF TUSTIN GRANTING A VARIANCE ON APPLICATION NO.
V 76-10 OF ASPEN MINE COMPANY, A RESTAURA~NT, TO VARY
WITH THE ZONING ORDINANCE
The Planning' Commission of the City of Tustin does hereh
resolve as follows:
1. The Planning Commission finds and determines as follows
a. That a proper application for variance (No. V 76-10
was filed by Aspen Mine Company for a variance to
permit use of an adjoining developed property as
a parking lot for its patrons.
b. That a public hearing was duly called, noticed and
held on said application.
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 the subject property of privileges enjoyed
by other properties in the vicinity and under
identical zone classification, evidenced by the
following findings:
1) That the subject applicant's site and activity
is substantially substandard under the regu-
lations and development guidelines of the Cd ;
2) That authorization of the requested use will
help to lessen the parking and circulation
problems in the area.
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3) That the conditions imposed are such as to
assure that the benefits are of a limited
duration and not into perpetuity.
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d. That the granting of a var'lance as herein provided
will not constitute a grant of special privilege
inconsistent with the limitations upon other pro-
perties in the vicinity and district in which the
subject property is situated.
e. That the granting of the variance as herein pro-
vided will not be contrary-to the intent of the
Zoning Ordinance or the public safety, health and
welfare, and said variance should be granted.
f. Proposed development shall be in accOrdance with
the development policies adopted by the City
Council, Uniform Building Codes as administered
by the Building Official and the Fire Code as
administered by the Fire Chief.
2. The Planning Commission hereby grants a variance as
applied for, to permit use of subject request subject
to the following conditions:
a. The subject site is to be used by the applicant
1 Resolution No. 1578
12-13-76, Page 2
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only during the non business hours of the develop.
ment on the subject property.
b. This variance is revoked upon change of ownership
or business activity of the subject property.
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c. Applicant shall obtain a covenant from the owner
of the property located at 13462 Newport Avenue
for ingress, egress and parking, subject to the
approval of the City Attorney's Office. This
covenant shall be recorded.
day of December, 1976.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission of the City of~ Tustin, California, held on the 13th day of
December, 1976.
CHAIRMAN OF THE PLANNING COMMISSION
15 P-L~NNING~.COM~MISSION REC-ORDING SECRETARY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, MARY ANN C}~MBERLAIN, the undersigned, hereby certifies
that she is the Recording Secretary of the Planning Commission
of the City of T~stin, California; that the foregoing Resolution
was duly passed and adopted at a regu
Planning Commission, held on the ·