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HomeMy WebLinkAboutPH 1 CUP 92-025 APPEAL 08-17-92.b' PUBLIC HEARING N0. I f -92 •' l '� e" j Y ]� t — 0k r'; {" rb;tt.i4�rf. `a �f Inter -Com j E: AUGUST 17, 1992 s TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 92-025 RECOMMENDATION It is recommended that the City Council uphold the Planning Commission's approval of Conditional Use Permit 92-025 by adopting City Council Resolution No. 92-98, as submitted or revised. BACKGROUND On July 27, 1992, the Planning Commission adopted Resolution No. 3063, approving Conditional Use Permit 92-025, which authorized an accessory structure used as guest rooms to be moved to a R-1 lot located at 440 West Main Street pursuant to Section 9223b3 of the Tustin City Code. On August 3, 1992, the Community Development Department received an appeal of the Planning Commission's decision from the property owner to the east of the project site (Attachment A) . The applicant proposes to place a historic Victorian cottage on the subject property. The cottage will be used as an accessory building and will house his home occupation. The existing structure which is proposed to be relocated to 440 West Main Street is approximately 1,440 -square feet. The applicant has decided to remove a later shed addition at the rear of the structure so the original area of 1,650 square feet, as approved by the Planning Commission has been reduced. The single -story Victorian cottage, constructed circa 1895, has detailing commonly associated with the Queen Anne style, such as: steeply pitched, multi -gabled roof; an asymmetrical facade; angled bay windows; narrow clapboard siding; and wall texture variations in the gables. The cottage was constructed on a residential block in Orange that became increasingly commercial over the years. Finally, after being a lone residential structure on that block for several years, the cottage was moved to make way for commercial development. The structure was moved to a temporary location in Orange until the fate of the house was settled. Several previous preservation attempts have failed. Should attempts to relocate the structure fail, the structure would be threatened with demolition. City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 2 The subject lot is currently developed with a single family dwelling. Although the subject lot is also located in the Cultural Resources Overlay District, the existing house on the lot is not listed as a structure which contributes to the historic fabric of the Cultural Resources District. Surrounding uses are residential. The two-story Victorian house to the east, at 430 West Main Street, and the single -story clapboard sided house located across the street from the subject site, at 455 West Main Street, are listed as structures that are contributing. to the Cultural Resources District. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, at the Senior Center and the Police Department. The applicant and appellant were informed of the availability of a staff report for this item. The public hearing notice was worded to also allow the City Council flexibility in approving the project. DISCUSSION The appellant, in a letter included as Attachment A, disagrees with various findings that the Planning Commission made in approving the subject project. Staff have reviewed each of the issues raised by Mr. Collins in his letter and have organized a response which corresponds to each issue as follows: Appeal to Finding No. 1(A) - Mr. Collins states that the Commission did not have the proper and necessary information to review the project for a number of reasons. The following is a response to each of Mr. Collins' reasons: 1. The subject request was submitted as a conditional use permit. This discretionary approval by the Planning Commission was required to determine whether the applicant should even pursue purchase of the structure. The City of Orange required that the cottage be moved from its location in Orange by August 14, 1992. The applicant, therefore, had only a short time to -- City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 3 secure authorization to move the structure to his Single Family residential zoned lot in Tustin. The Conditional Use Permit was only to permit the guest room use requested. Architectural Design Review of improvements is a Community Development Department responsibility which does not require Planning Commission approval. While a structural analysis was completed to determine that the cottage was structurally sound, there was no time nor requirement that the applicant complete all restoration plans for the rehabilitation and preservation of the Victorian cottage. Therefore, no formal design review application was submitted to the Community Development Department. Design review would be required by the Community Development Department when- complete exterior restoration plans are submitted by the applicant concurrent with or prior to the Community Development Department's issuing a certificate of appropriateness for the historic relocation. 2. The subject property is 109 feet wide and 260 feet deep with a total lot area of 28,340 -square feet. Existing improvements on the property include a single-family dwelling with a two - car garage and a swimming pool. An existing wrought iron fence is across the property, parallel to Main Street. A wrought iron fence also is located along the length of the driveway, perpendicular to Main Street. There are no revisions proposed for the existing fences, and therefore, the Community Development Department has no authority to require the alteration of the existing fence along 'the subject property's front lot line. As conditioned by the Planning Commission, and as shown in the revised site plan, the structure to be relocated to the subject site would be placed at the front of the lot, 62 feet behind the existing front property line (52 feet after a required ten -foot right-of-way dedication) . The revised plans show the structure setback ten feet from the side property line (clear of all eaves), excepting the proposed outside staircase. The applicant had previously proposed a five foot setback. An approximate 45 -foot wide landscape area would be provided on the west side of the relocated structure and the driveway located on the west property line. The attached letter of appeal states that the plans submitted failed to include the width of the proposed structure, however, both the scaled site plan and elevations show that the width of the cottage would be approximately 36 feet. ' While this is City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 4 certainly important information for the technical drawings, the width of the side yard setback is the necessary dimension in determining whether the proposed project meets the Code requirements for accessory buildings used as guest rooms. 3. The Community Development Department did not refer the Conditional Use Permit application to the Cultural Resources Committee prior to Planning Commission action of the conditional use permit application. As previously noted, the Planning Commission has authority on all conditional use permits while the Community Development Department has the authority to approve or deny design reviews and certificates of appropriateness for improvements requiring a building permit. Pursuant to the provisions of the City's Cultural Resources Overlay District, and contrary to the appellant's letter, the Cultural Resources Advisory Committee has no authority over a conditional use permit or design review application. However, in reviewing a certificate of appropriateness request, the Director may, pursuant to City Code, consult with the Advisory Committee. A letter discussing the project has been sent to the Cultural Resources Committee along with the appellant's letter. Appeal to Finding No. 1(D) and (E) - Mr. Collins states that the proposed use would be detrimental and injurious to the property and improvements in the neighborhood for a number of reasons. The following is a response to his statements: 1. The applicant intends to use the second structure as office space for the owner's home occupation. Home occupations are permitted uses in the R-1 District and may take place anywhere inside a dwelling or inside accessory structures pursuant to Code Section 9223a5 and the definition of a home occupation contained in Section 9297. According to Section 9297, a home occupation may not include activity which generates excessive pedestrian or vehicular traffic or parking in excess of that otherwise found in the Zoning District. In addition, since the project is a categorical exemption under the California Environmental Quality Act (CEQA), no traffic study would have been required for this project. The home occupation has been licensed at the subject address in the existing residence since 1985 and has met all City Code requirements for a home occupation. The Community Development Department has received no complaints about this home occupation. City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 5 2. Tustin City Code Section 9223b3 states that accessory buildings used as guest rooms, providing no cooking facilities are installed or maintained, are permitted subject to a conditional use permit. This section lists five development standards which must be met to allow an accessory building to be used as a guest room. The following chart on the following page shows the standards and the proposed project. Maximum height: 20 feet 23+ feet to top of roof, (a variance would be required) Maximum lot coverage: 30% of 0% of rear yard rear yard Minimum front yard setback: 50 feet 62 feet from existing front property line. 52 feet after required ten -foot right -of- way dedication IlMinimum sideyard setback: 5 (ten feet II feet Minimum rear yard setback: 5 feet N/A The proposed project meets the Code development standards excepting the maximum height of twenty feet. The Planning Commission's approval of CUP 92-025 was conditioned upon future action of a variance for the building height. Failure to obtain such variance would result in CUP 92-025 becoming null and void or the applicant would be limited to a 20 foot building height. Variance 92-005 has been filed by the applicant and a public hearing is scheduled for the August 24, 1992 meeting of the Planning Commission. Many lots in the Cultural Resources District have an accessory structure used as guest rooms or second single family dwelling units on them. Since 1990 the Planning Commission has approved three requests for such projects in the Cultural Resources District. The properties at 515 Pacific Street, 170 South B Street, and 430 East Main Street each have received approval for accessory structures used as guest rooms or second single family dwelling units. City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 6 3. Many of the structures on the properties in the vicinity of the proposed project have side yard setbacks very close to the minimum setback of five feet from the side yard property line. This is evidenced by the four properties across Main Street from the subject property, and by the properties to the east of 420 West Main Street (Attachment B). While the Planning Commission approved a five foot side yard setback, the applicant has increased the setback from the easterly property line to ten feet. The revised ten foot sideyard setback along the easterly property line will provide additional light and air. The two story structure on Mr. Collins' property to the east of the site is setback from the subject site's easterly property line by approximately 25 feet, including a 12 foot wide driveway. As proposed, there would be 35 feet between the proposed structure and the nearest structure to the east, which would not constitute an "alley" as indicated by the appellant's letter. The applicant has chosen to locate the cottage ten feet from the east side property line for several reasons: a. The property is very large compared to many of the lots in the neighborhood, and the lot currently has a large front yard. The applicant wishes to maintain as much uninterrupted open space as possible by locating the cottage on the side of his lot. As the swimming pool is located on the east side of the property, it is logical to also place the accessory structure on the east side of the lot, thereby leaving a long, open expanse on the west side of the property. b. The west side of the structure is architecturally richer than the rear of the structure, and by placing the cottage to the side of the lot, instead of centering it, the applicant will be able to enjoy the side of the structure instead of viewing just the rear. C. The applicant wishes to preserve the existing trees on the site. A large mulberry tree is located about 130 feet from the existing front property line and about 25 feet from the driveway. The diameter of the mature tree is about 75 feet. If the Victorian cottage were to be located closer to the center of the lot, the tree would need to be cut and would continue to require trimming. Likewise, an ash tree is located approximately 125 feet City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 7 from the front property line and approximately 26 feet from the east property line. 'If the building were set back further than proposed from the front property line, the ash tree would be affected. 4. Staff has reviewed setbacks in the District and has found that the proposed accessory structure will be compatible with the character of the District. While there are two structures to the east of the site (420 and 430 West Main Street) that are set back approximately 88 and 89 feet respectively, the two properties to the west (500 and 520 West Main Street) of the subject site have approximate setbacks of 25 feet and 40 feet respectively. Similarly, the structures across Main Street and east of 420 West Main Street are located close to the street. CONCLUSION In conclusion, the Planning Commission, in determining whether to approve a conditional use permit, determined that the establishment of an accessory structure used as a guest room at 440 West Main Street would not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of the use; and secondly, that the use would not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. The Planning Commission's findings are listed in the attached Resolution No. 3063. The proposed Victorian cottage would be an appropriate addition to the neighborhood and the Cultural Resources District. The cottage with Queen Anne detailing reflects the architecture in the neighborhood, as there are several Queen Anne style structures within the neighborhood where the structure is to be relocated such as the structure at 430 West Main street. In addition, the cottage is a single story, modest home which is typical of the residential development in Tustin. A letter in support of moving the Victorian cottage to the Cultural Resources District from a local preservationist is attached (Attachment C). City Council Report Conditional Use Permit 92-025 August 17, 1992 Page 8 It is recommended that the City Council uphold the Planning Commission's approval of Conditional Use Permit 92-025 by approving Resolution No. 92-98 as submitted or revised. 49t6v�� Becky Stone Christine Shingle n Assistant Planner Assistant City Mfiager Attachments: Resolution No. 92-98 Planning Commission Resolution No. 3063 Site plan Elevations Attachment A - letter of appeal Attachment B - aerial map of neighborhood Attachment C - letter of support 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 92- 025, AUTHORIZING THE PLACEMENT OF AN ACCESSORY STRUCTURE USED AS GUEST ROOMS ON A R-1 LOT LOCATED AT 440 WEST MAIN STREET The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application, Conditional Use Permit 92-025 has been filed by Donald Le Jeune requesting authorization to place an accessory structure -used as guest rooms on an R-1 lot located at 440 West Main Street. B. A public hearing was duly called, noticed and held for said application on July 27, 1992. The Planning Commission authorized the project by approving Resolution No. 3063 with conditions. C. That a proper appeal of Conditional Use Permit 92- 025 has been filed by Bill Collins requesting that the City Council reverse the Planning Commission's approval of a request to place an accessory building used as guest rooms on an R-1 lot located at 440 West Main Street. D. That a public hearing was duly called, noticed and held for said appeal on August 17, 1992. E. That the City Council has reviewed the request for an accessory structure used as guest rooms and finds that the establishment of the use applied for would not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, as evidenced by the following findings: 1. The subject historic Victorian cottage has been moved from its original location and is threatened by demolition. 2. Tustin's Cultural Resources District was developing during the 1890's when the house was constructed in a similar residential neighborhood in Orange. The architecture of the Cultural Resources District is compatible with the Victorian cottage since there are several Victorian structures in the district, 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19' 20 211' 22 23 24 25 26 27 28 Resolution No. 92-98 Page 2 and since there are•many modest, single story structures from the same time period as the Victorian structure. 3. There will not be excessive pedestrian or vehicular traffic associated with the project. 4. The proposed ten foot side yard setback and proposed 52 foot front yard setback for the project is consistent with most properties in the District and exceeds the City's required development standards for a guest room. Adequate light and air are maintained for adjacent properties. 5. The proposed placement of the structure on the lot will preserve existing trees on the site. 6. The purpose of the Cultural Resources District is to preserve structures which reflect elements of the City's architectural heritage. The proposed accessory structure, a Victorian cottage with Queen Anne detailing, does reflect the architecture in the neighborhood, as there are several Queen Anne style structures within the neighborhood of the project. The subject structure is compatible with the structures in the neighborhood as the cottage is a single story, modest building which is typical of the residential development in Tustin. 7. Historically, many lots in ' the subject neighborhood have had guest rooms and more than one dwelling 'structure located on them, and the City has continued to allow the construction of second dwellings in the neighborhood where certain minimum standards are met. 8. The proposed accessory structure would be used for a home occupation which is permitted by the Tustin City Code. 9. The proposed project would meet the development standards for an accessory structure used as guest rooms thereby ensuring compatibility with surrounding development, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 92-98 Page 3 excepting the height requirement, A variance would be required to permit the project to exceed the maximum height requirement or the structure would be limited to 20 feet. F. That the establishment of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the findings stated in Section E. G. The project is categorically exempt from the California Environmental Quality Act, pursuant to Section 15303 (Class 3). II. The City Council hereby upholds the Planning Commission's approval of Conditional Use Permit No. 92-025 authorizing the request to permit the placement of an accessory structure used as guest rooms on a R-1 lot, located at 440 West Main Street, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 3063, attached thereto and incorporated herein by reference; and as herein modified to read as follows: A. Modification to Resolution No. 3063 ` 2.8 The subject structure shall be setback at least ten feet from the east side property line as revised by the applicant. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of August, 1992. MARY E. WYNN City Clerk LESLIE ANNE PONTIOUS Mayor 1 2 3 4 5 6 7 8 9 10 11 12I 13 14 15� 1 G' 17I 18 19', 20' 21 22 23 24 25 26 27 28 4 RESOLUTION NO. 3063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-025, AUTHORIZING THE PLACEMENT OF AN ACCESSORY STRUCTURE USED AS GUEST ROOMS ON A R-1 LOT LOCATED AT 440 WEST MAIN STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 92-025 has been filed by Donald Le Jeune requesting authorization to place a second structure on"an R-1 lot located at 440 West Main Street. B. A public hearing was duly called, noticed and held for said application on July 27, 1992. C. That the proposed project requires a Conditional Use Permit pursuant to Tustin City Code Section 9223b3. D. That the establishment of the use applied for would not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, as evidenced by the following findings: 1. The proposed accessory structure would be used for a home occupation which is permitted by the Tustin City Code. 2. The proposed project would meet the development standards for an accessory structure used as guest rooms thereby ensuring compatibility with surrounding development, excepting the height requirement, which would be exceeded by three feet. A variance would be required to permit the project to exceed the maximum height requirement. 3. The proposed project would not detrimentally increase the density of the neighborhood as the lot for which the project is proposed is more than twice the size of some lots in the neighborhood. 4. The proposed accessory structure, a Victorian cottage with Queen Anne detailing, was constructed c. 1895 in Orange during the time that Tustin was developing. As there are 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 r Resolution No. 3063 Page 2 several Queen Anne style structures within the Cultural Resources District and within the neighborhood of the project, the architecture of the proposed second single-family dwelling is compatible with the neighborhood. E. That the establishment of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the findings stated above. F. The project is categorically exempt from the California Environmental Quality Act, pursuant to Section 15303 (Class 3). II. The Planning Commission hereby approves Conditional Use Permit No. 92-025 authorizing the request to permit the placement of an accessory structure used as guest rooms on a R-1 lot, located at 440 West Main Street, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin -Planning Commission, held on the 27th day of Ju , 1992. )XDIkN L. PARtIr ;Chairman KATHLEEN CLANCY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3063 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of July, 1992. ;0"®rrij-4 I 4F*_ 0i t EXHIBIT A CONDITIONAL USE PERMIT 92-025 CONDITIONS OF APPROVAL RESOLUTION NO. 3063 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans for the project date stamped July 27, 1992, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. Minimal modifications to the site plan or structure may be approved by the Director of the Community Development Department. (1) 1.2 Approval of Conditional Use Permit 92-025 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by. the Director of Community Development. (1) 1.3 Permits for the relocation and improvement of the accessory building used as guest rooms shall be issued within 12 months of approval or this conditional use permit shall become null and void. (1) 1.4 All construction shall meet the requirements of the 1991 Uniform Building Code. (1) 1.5 Approval of CUP 92-025 is ,contingent upon the Planning Commission approving a variance to exceed the maximum height of twenty feet for an accessory structure used as guest rooms . CUP 92-025 shall become null and void should the variance request be denied. (1) 1.6 A covenant and restriction shall be recorded on the property (3) stating that the proposed accessory structure is not considered to be a second single family dwelling but rather as guest rooms with no cooking facilities accessory to the existing single family dwelling, and that the proposed accessory structure may not be rented or used as a separate residential unit or commercial office use unless a conditional use permit is approved by the Planning Commission or City Council for such use. Said covenant and restriction shall be reviewed by the Community Development Department and City Attorney's Office and recorded with the County Recorder's Office prior to issuance of building permits. --------------------------------------------------------------- SOURCE CODES (1) STANDARD CONDITION _ (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (5) UNIFORM BUILDING CODE Exhibit A Resolution No. 3063 Page 2 (3 ) 2.1 Dedication of an additional ten feet of street right-of-way shall be required along the frontage of this parcel. This should be in the form of an irrevocable offer of dedication at this time. A legal description and sketch of the right-of-way dedication, as prepared by a California registered civil engineer or land surveyor, along with a copy of the legal vesting on the property will need to be submitted to the Public Works Department for review and approval. (1) 2.2 Underground utility connections shall be required for (3) the accessory structure (sewer, water, gas, telephone, Edison). All utilities serving the structure shall be undergrounded. (3) 2.3 Construction or replacement of any missing or damaged public (4) improvements adjacent to this parcel shall be required. A separate 24" x 36" street improvement plan, as prepared by a California registered civil engineer, will be required for all construction within the public right-of-way. (3) 2.4 No architectural feature such as cornices, eaves or canopies, on the proposed structure may extend closer than three feet to any side lot line. (3 ) 2.5 No porch or outside stairway may project closer than four feet to any side lot line. 2.6 The structure shall be setback a minimum of fifty feet from the revised front property line. 2.7 No garage shall be constructed in conjunction with the accessory building to be used as guest rooms. DWELLING RELOCATION (4) 3.1 Submit a copy of the proposed route through the City of Tustin with height and width of load to the Public Works Department* for approval concurrently with site plan and foundation plan. All applicable Public Works Department approvals shall be obtained prior to relocation of structure. (4) 3.2 Provide traffic control measures for the structure relocation to the Public Works Department for approval with proposed route described in 4.1. This should include: a. Route controls b. Intersection controls C. Median crossing details f -.-,Exhibit A - Conditions of Approval Conditional Use Permit 92-025 July 27, 1992 Page 3 a. Route controls b. Intersection controls C. Median crossing details (4 ) 3.3 Any traffic signal modifications shall be coordinated with the City's traffic signal maintenance contractor prior to relocation of structure. Contact Computer Service Company (714) 441-0261. (4) 3.4 The move shall be between the hours of 11:00 p.m. and 5:00 a.m. during weekdays. (4) 3.5 The applicant will be responsible to contact utility companies regarding conflicting overhead utilities. Provide verification letters from any utility company whose overhead utilities may be affected to the Public Works Department. PLAN SUBMITTAL (1) 4.1 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations prepared by a licensed engineer/architect. Requirements of the Uniform Building Code, State Handicap and Energy requirements shall be complied with as approved by the Building Official. (1) 4.2 Preliminary technical details and plans for all installations, including cable T.V., telephone, gas, electricity. Additionally, a note on plans shall be stating that no field corrections submitted to Official. changes shall be made and approved by the utility water and included without Building (1) 4.3 Prior to placement of the structure on the subject site, a grading plan and a foundation plan and specifications prepared by a licensed civil or structural engineer shall be submitted to and approved by the Building Official. Benchmarks for the plans shall. be based on the Orange County Surveyor's benchmark datum. (4) 4.4 The Building Official shall determine if the building is capable, in his judgement, of being moved. In addition, if the building is to be moved into the City, the investigative inspection shall determine if the building will satisfy the zoning and building code requirements. The Building Official shall then report in writing all facts, judgments and information to advise the owner or his representative of the requirements and conditions to relocate the structure. -- Exhibit A - Conditions of Approval Conditional Use Permit 92-025 July 27, 1992 Page 4 (4) 4.5 Prior to the location of the subject structure on the site, all approvals from the City of Tustin Public Works Department and Police Department shall be obtained. (4) 4.6 A Certificate of Appropriateness shall be required to obtain building permits for the proposed project. Complete construction plans describing all exterior rehabilitation of the structure shall be submitted for Certificate of Appropriateness approval. FEES (1) 5.1 Payment of the following fees, but not limited to, shall be made prior to the issuance of any building permits in accordance with the Tustin City Code: a. Building plan check and permit fees to the Community Development Department b. Orange County Sanitation District No. 7 sewer connection fee C. East.Orange County Water District fee d. Major thoroughfare and bridge fees (1) 5.2 The applicant shall pay, deposit and/or post all bonds and insurance as required by City Code Section 8101(f)(d). BCS : rm I OWEL id 44• y � �� '� " � J& Lid .44� .r' rq` �,:,'i rr .:� S. F:: . }�••• a`l " y , :��+hj•Fi + �':_i. R-1 SIINOLE FAMILY DWELLING. PORCH titin = `a r 3'.F.. LOT' SIZE:? :; ;.:: ; :-15, 042 S. F LOT: -COVERAGE TOTAL LOT'SIZE z.. 28,340 S.F. MAXIMUM HEIGHT DWELLING: 23'•0• -� DWELLING/GAMAGI 19) ~ •INCL • R -t S [ FAMILY .�.'F •L.�....:.i' ( LANDSCAPE(E) ;.•t - , "�. , f. ,'�``' I �•►ENCE(E 06 wo -H FOOL([) 00 $ i ► t J IENCE OAT[ f Ci - WALK .LINE OF'AOi. STRUCTURE W XIN[�OF AOS: STRUCTSR[ 11.1 SINOI[.►AMITY OW[LLINO(q •a+ R-1 SINGLE FAMILY O'*ELLINOj DWELLING j LANDSCAPE :. tc) Co C: -O". sw ' FENCE(E) PUBLIC RIGHT-OF-WAY V 1 WALK FEMME : ATE L•AMDSCA►EtE) ATEI[1 SIDEWALK(L) PARKWAY K� 0 440 WEST MAIN MAIN STREET 1 1 SITE PLAN Y -. qhl oz w LU cc 0 z w w August 3, 1992 HAND DELIVERED To: City of Tustin 300 Centennial Way Tustin, California 92680 Attention: City Council RECEIVED AUG 3 1992 COM UNITY DEVELOPMENT BY From: Bill Collins 430 W. Main St. Tustin, CA 92680 Re: Conditional Use Permit 92-025 Applicant: Donald Le Jeune Location: 440 W. Main Street Dear Council, I am the owner of record of that real property and residence located at 430 W. Main Street, which is adjacent to the above referenced property. Please accept this as my written appeal to Resolution No. 3063, of the Planning Commission of the City of Tustin, authorizing the placement of an accessory structure used as guest rooms on an R-1 lot located at 440 W. Main Street. APPEAL TO FINDING NO. I(A) I believe that the application submitted by Mr. Le Jeune was improper, and therefore the Planning Commission did not have the proper and necessary information to review said matter, because: (1) Said application was filed as a "minor design review", when in fact it should have been filed as a "major design review", and therefore a Design/Zoning Review Application should have been completed, submitted and considered. (2) The plans submitted with said application failed to include certain required information, including, but not limited to, the width of the "accessory structure" and the present and proposed location of the surrounding fence. (By Code, a 20' set -back is required, and the fence is currently at 191.) (3) The Planning Commission should have advised, and received input from, the Cultural Resources Advisory Attachment A To: City of Tustin Re: Conditional Use Permit 92-025 August 3, 1992 Page 2 Committee prior to holding its meeting and reaching its decision. APPEAL TO FINDING NO. I (D) and (E) Contrary to the Planning Commissions' findings, the proposed use would be detrimental and injurious to the property and improvements in the neighborhood of the subject property because: (1) Although the applicant intends to use the proposed accessory structure as a "home occupation" which is permitted by the Tustin City Code, there has been no consideration given as to whether or not said use, at the accessory structure, will increase the public usage or traffic conditions in and around the subject property. An appropriate traffic study should be undertaken. (2) If the accessory structure is located as indicated on the submitted plans, it will violate Tustin City Code 99223B3 in that it will be 3' greater then the maximum allowable height. (3) In addition to the City Code violations, said place- ment will result in lower values to my, and surrounding homeowners, property values in that: (a) It places the. accessory structure so close to my residence (only a 5' setback) that it will obstruct my light, air, and view. (b) It would create an "alley" type environment because of the proximity of my driveway to the accessory structure. (c) It could lead to a future lot division. (4) This accessory structure, if placed as indicated, will also violate the goals and objectives of the Cultural Resources District in that: (a) The front yard set backs of the surrounding residences are: 88' and 891, for 430 W. Main and 420 W. Main, respectively. The proposed set back for this accessory structure will be incompatible with the character of the district. (b) The fact that this structure may be a "Victorian Cottage with Quenn Anne detailing" TO: City of Tust,a. Re: Conditional Use Permit 92-02.3 CONCLUSION August 3, 1992 Page 3 does not in and of itself ensure that said structure will be compatible with surrounding structures or enhance the visual and aesthetic character and appeal of the City. A much more extensive design review needs to be completed of the site, and the exterior and interior of the structure. I acknowledge that the Planning Commissions' approval of the applied for conditional use permit is subject to those conditions set forth on Exhibit A attached thereto, including obtaining approval of a variance to exceed the maximum height and a Certificate of Appropriateness from the Community Development Director. (I intend to oppose said variance and the granting of the Certificate.) However, I believe that the City Council should reconsider the Planning Commissions approval because it was decided upon without sufficient information and without proper consideration to the surrounding property owners, and the community as a whole. Re ctfully submitted, BILL COLLIN :� cc: Cultural Resources Advisory Committee Department of Community Development J IL d z 0 `w Q1 0 4W 4-W MEE El; C, EP= a - El 110 El Clo OE];3 On 14G6 1440 TC] 4MP AU -95 MAIN El 1� 3b o C, EP= El Qn El I A L0000 V ` ' il �pr'oximat'o scab Nor---ftt Attachment B �t' Qn El TC] 44r, p D,9Mj 11 ❑ fl no 40 I C�30 18 Ejwl I A L0000 V ` ' il �pr'oximat'o scab Nor---ftt Attachment B O -- Mann Marsh 321 East Eighth Street Santa Ana, Cq 92 70[ Architectural Historian Artist August 10, 1992 Mayor Pontious Members of the Tustin City Council Tustin, California Dear Mayor Pontious and Members of the Tustin City Council; This letter is in regard to the Queen Anne Cottage that is scheduled to be moved from Orange to 440 West Main Street in Tustin. There has been a lot of interest from Orange County preservationists in seeing that this particular house is saved, restored, and returned to a viable use. The Queen Anne Cottage, built ca. 1895, is a fine example of the Victorian style of architecture. It features slanted bays with cut corners, elaborate carved brackets, turned porch posts, and decorative molding. I had a chance to get a closeup view of the house when the City of Orange opened it for prospective buyers a few months ago, and was impressed with its architectural qualities. When the house is restored it will become a valuable asset to the Tustin community. It is compatible in design, materials, height, and massing to the other historic homes on West Main. It will effectively fill the "hole" in the historic streetscape created by the location of the Le jeune's present home on the back of the property. In addition, it will add a valuable example of Victorian architecture to Tustin's Historic District. Sincerely, -8M1AM,)W"4,A) (714) 541-2441 Attachment C