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HomeMy WebLinkAboutPC RES 1221 1 2 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 1221 A RESOLUTION OF THE PLANNING COMMISSION OF THE , CITY OF TUSTING GRANTING A VARIANCE ON APPLICATION NO. V-71-279 OF SOL ZWIRN. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: a) That a proper application for variance (No. V-71-279) was filed by Sol Zwirn, 17361 Laurie Lane, Tustin, California, for a variance to reduce the required front building Setback from 10 feet to 5 feet and to reduce the re- quired number of park'ing'spaces from 40 to 23 spaces on the property described as Lots 1, 2, and 3, Block "B", Tract No. 338 Tustin Home Tract as per map thereof recorded in Book 14 on Page 51 of Miscellaneous Maps.records of Orange County California. b) That a public hearing was duly called, noticed and held on said application. c) That because of speciallcircumstances 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 classifica- tion, evidenced by the following findings. 1) ReqUired dedication of land area for street improvements in conjunction with primary arterial highway improvement pro~ect. 2) The~ removal and renovation of non-conformin structures and redevelopment in accordance with the authorized uses for the district. d) That the granting of a variance as herein pro- vided 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. ~ 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 adminis- tered by the Building Official, Fire Code as administered by the Fire Chief, and street improvemeht requirements as administered by the City Engineer. 1 2 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 g) Final development plans shall require the review and approval of the Development Preview Commission. 2. The Commission hereby denies a variance for reduction of front setback requirements and in accordance with Ordinance ~ 500, as adopted by the City Council on February 1, 1971, a 10 foot .. building setback from the ultimate right of way shall be required. 3. The Planning Commission hereby grants a variance, modified to permit a waiver of on-site parking requirements to authorize the construction of not more 'thah (9,000) square feet of office and commercial buildings on above described site with 23 on-site parking spaces, subject to the following conditions: a) Dedication of 17 feet of right-of-way with standard corner cut-off at "B" Street as deter- mined by the City Engineer all in accordance with the adopted Master Plan of Arterial Highways ! b) Reconstruction of the existing sidewalk along the "B" Street frontage to the satisfaction of the City Engineer. c) Construction of new curb and gutter where the driveway opening is proposed on "B" Street including construction of a standard driveway apron, all to the satisfaction of the City Engineer. d) .Installation of street trees along the "B" Street frontage.in accordance with the Master Street Tree Plan. e) Installation of all utilities underground. No additional overhead poi to be set within the property. f) Applicant to post a bond, as required and set forth by the City Engineer, for the installation of a 39" storm drain, as proposed under the E1 Modena-Irvine Area Master Plan of Drainage. g) On-site parking provisions are to be resolved be- tween the applicant, the City Attorney, and City Staff, to the satisfaction.of all parties, to assure that parking for this facility will not have a detrimental effect on the immediate resi dential area. If this matter cannot be satis- factorily resolved, subject Variance is to be returned to the Planning Commission for recon- sideration and a possible rehearing. 4 5 6 ? 8 PASSED AND ADOPTED at a regular meeting of the Planning CommiSsion held on the 14th day of June, 1971. I CRAIRMAN OF THE PLASfNING'""COM~Iis$iOIN PLANNING COMMISSION RECORDING SECRETARY · STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS I, JEANIM. 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~lanning Commission, held on the /,~/-.~-' dayof.lll~l~d",.~lll~~~' , 1971. ~--RD ~ING SEC~T~iRsYsOioFNTHE PIJtN~ING