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HomeMy WebLinkAboutPC RES 1540 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 'l6 17 18 19 20 21 22 23 24 25 26 27 28 29 3J 31 32 RESOLUTION NO. 1540 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING A VARIANCE ON APPLICATION NO. V 76-7 OF PARK TUSTIN CONDOMINIUM OWNERS ASSOCIATION INC. • The Planning Commission of the City of Tustin does hereby 'resolve as follows: 1. The Panning Commission finds and detE-rmines as follows: a) That a~proper application for variance (No. V 76-~) • was filed on behalf of Park Tustin Condominium Owners Association, Inc. for a variance to permit construction of lattice covered patios on the property described in Exhibit "A" attached hereto and incorporated herein by this reference, as though set forth herein in full.. 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: The property has been fully developed as a • planned unit development without any provision for the incorporation of outdoor patios to pro- vide relief from direct sun over outdoor living . areas. d) That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other pro- erties in the vicinity and district in which the P 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 . app-lied for, to permit construction of patio covers subject to the following conditions: a) That no patios be constructed on structures facing the south property line adjacent to Enderle Gardens b) That all patios be approved by the Architectural ~~ Resolution No. 1540 9-13-76, Page 2 ' ~ control Committee for conformance to the existing. architecture of the buildings as specified in the Declaration of Covenants Conditions and Restriction for Park Tustin. c) That the patio roofs not be solidly covered but that they be at least 50~ open. d) Patio structures shall not project closer than 5 feet to the perimeter property lines. I~ PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin, California held on~the 13th day of September, 1976. CHAIRMAN. OF THE PLANNING COMMISSION ~ _ ..-. ,, ~. A r .. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, MARY ANN CHAMBERLAIN, the undersigned, hereby certifies that she is the Recording Secretary of the Planning Commission of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting of the Planning Commission, held on the 13th day of September , 1976.