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HomeMy WebLinkAboutPC RES 514 RESOLUTION NO. 514 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING AN AREA VARIANCE ON THE PROPERTY DESCRIBED HEREIN TO HUGH C. MARSHALL COMPANY. WHEHEAS, an application for a variance was i'i±e~ with the Secretary of the Planning Commission of the City of Tustin on December 3, 1958, together with a plot plan, requesting that an area variance be granted to Hugh C. ~arsnall Company, said application for variance and plot plan are incorporated herein by reference as though fully set forth at this place; and, WHEREAS, the variance requested is merely for the reduction of a backyard requirement on the property here- inafter described from twenty feet to fifteen feet; and, WHEREAS, the Planning Commission of the City of Tustin does hereby find and determine that pursuant to Ordinance No. ?1 of the City of Tustin, as amended, it is not deemed necessary to hold a public hearing to consider the requested a~.variance. NOW, THERE,'ORE, BE IT RESOLVED as follows: Section 1. The Planning Commission of the City of Tustin finds and determines that practical difficulties and unnecessary hardships will result from the strict compliance with the provisions of Ordinance No. ?1, as amended, as it relates to the hereinafter described property, unless a variance be grante~, and in particular it is found and determined that: (a) '~here are exceptional circumstances and conditions applicable to the hereinafter described property and the intended use thereof that do not apply generally to the property or class of uses in the same zone. (b) That such variance is necessary for the preservation of a substantial property right of the applicant. (c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or districts in which the property is 1.ocated. Section 2. The variance applied for by Hugh C. Marshall Company, namely, to reduce the backyard require- on the property described hereinafter from twenty feet to fifteen feet, is hereby granted on condition that the property be utilized strictly as stated in the application for variance and plot plan filed therewit.~, and on the further condition that applicant deed the Westerly ten feet of the hereinafter described property to the County of Orange and ten feet immediately to the East of the above mentioned ten foot strip to the City of Tustin for the proposed future widening of Newport Road, which applicant has indicated he fully intends and agrees to do. Section 3. The property referred to here- inabove and upon which said area variance is granted is described as follows: That portion of the Southwesterly 234.70 feet of Lot 33, Block ll of Irvine Subdivision, Miscell- aneous Maps, Book l, Page 88, lying Northwes~ erly of the Northwesterly line of Tract No. 1863, Miscellaneous Maps, Book 54,~Page 20, Orange County, California; excepting therefrom Newport Avenue and Mitchell Avenue. The record owner of said property is Hugh C. Marshall Company. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular Meeting thereof held on the 8th day of December 1959. Chairman of the Planning C0~ission Attest: Secretary of the Planning Commission. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS A. O. PARK, City Clerk and Secretary of the Planning Commission of the City of Tustin, California, does hereby certify that the above and foregoing resolution was regularly introduced to said Planning Commission at a regular meeting thereof held on the 8th day of December 1958, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES: Bacon, Clark, Gregory, Means, Siegel, Stanton, Tadlock NOES: None ABSENT: None Dated: December 8, 1958 Secretary of the Planning Commission.