HomeMy WebLinkAboutPC RES 1438 2
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RESOLUTION NO. 1438
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN GRANTING A VARIANCE ON APPLICATION NO. V
75-1 of JOHN DE GENNARO
The Planning Commission of the City of Tustin does hereby
resolve as follows:
®
The Planning Commission finds and determins as
follows:
a)
That a proper application for variance No. V75-1
was filed on behalf of John D. Gennaro for a
variance to waive the 15 foot rear yard setback
requirement and to provide 29 in lieu of 33 on-
site parking spaces, on the property.located at
301-305 E1 Camino Real.
b)
c)
That a public hearing was duly called, noticed
and held on said application.
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)
(2)
Other properties within the block have a
zero rear yard setback.
The proposed structure replaces a
previously existing sub-standard structure.
(3)
Parking accommodations are designed for
maximum utilization of the land area of a .
previously non-conforming structure and use.
d) That the granting of a variance as herein providec
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
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.
f)
g)
Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, Fire
Codes as administered by the Fire Chief, and
street improvement requirements as adminis-
tered by the City Engineer.
A Negative Declaration for Exemption from an
Environmental Impact Report has been filed and i$i
hereby approved.
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2. The Planning Commission hereby grants a variance as
applied for, to per, mit the construction of a 1,476
sq. ft. building 'addition with waiver of rear yard
setback requirement and the provision of 29 parking
spaces in lieu of the required 33 spaces subject to
the following conditions:
a) The dedication and improvement of foUr (4) feet
along the property line of the existing public
alley for alley purposes and property access.
b) The stipulation that there can be no building
openings for any portion of the structure on
the rear property line.
c) .Additional landscaping::be provided on,the site;-
being either along the ~outherly building line or
southern property line, subject to staff approval
PASSED AND ADOPTED at a regular meeting of the Planning
Commission, held on the 28th day of April, 1975.
VICE CHAIRMAN OF THE PLANNING COMMISSION
~LANNING" CO~I~S io~' 'RE'CORD iNG SECRET~RY