HomeMy WebLinkAboutPC RES 1236 1
2
3
4
6
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RESOLUTION NO. 1236
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, GRANTING A VARIANCE ON APPLICATION
NO. V-71-281 OF MARVIN LEE.
· The Planning Commission of the City of Tustin does
hereby resolve as follows:
1. The Planning Commission finds and determines as follo
a) That a proper application for Varianc~ (No.V-71-
281) Was filed on behalf of Marvin Lee for a
Variance to permit an architectural projection
(a canopy) to project eight feet into the re-
quired structural setback area, on the property
known as 102 North Tustin Avenue located on the
northwesterly corner of First Street and Tustin
Avenue. .
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 the privileges
enjoyed by other properties in the vicinity and
under identical zone classification, evidenced
by the following findings:.'
1) That easterly of the Newport Freeway, on Firs
Street, requested projection would be author-
ized by the Zoning Ordinance;
2) That structures and architectural projections
located westerly on First Street, in an
adjacent municipality, are afforded the same
privilege requested by this application;
3) The southwesterly frontage of the structure
causes a hardship requiring architectural
protection of display area from direct sun
and glare; and,
4) That said request would not prove physically
or aesthetically detrimental to the surroundi
area.
d) That the granting of a variance as herein Provide
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.
1
2
5
4
5
6
7
8
9
e) That the granting of the variance as herein p~?,-
vided will not be contrary to the 'intent of ~.
Zoning Ordinance or the public safety, health
and welfare, and said variance should be gran~
f) Proposed development shall be in accordance w
the development policies adopted by the City
Council, Uniform Building Codes as administer~
by the Building Official, Fi~e Code as admini~
tered by the Fire Chief, and street improveme~
requirements as administered by the City
Engineer.
g) Final development plans shall require the rev~
and approval of the Development Preview Commi~
2. The Planning Commission hereby grants a variance
10 applied for, to permit an architectural projection (a canopy) to
11 project eight feet into the required structurel setback area, su~3~
12 to the following conditions:
· 15
14
15
16
17
18
19
20
a) That adequate provisions' shall be made to allevii~. ~
or buffer noise produced from this use;
b) That the existing service station structures be
totally removed from the site; and,
c) That no display of merchandise shall be permit.~
in the parking area.
PASSED AND ~ ADOPTED at a regular meeting of the Plannin.,~
Commission held on the 11th day of October, 1971.
~/ day of .
PLANN~ COMJ4ISSION RECORDING SECRETARY
25
~6
~?
28
~9
50 PB/jms
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, JEAN M. SMITH, 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 /./~-~day of ~c~ ~~~ , 1971.