HomeMy WebLinkAboutPH 2 VARIANCE 82-1 02-01-82DATE:
TO:
FROH:
SUBJECT:
February 1, 1982
PUBLIC HEARING NO. 2
Inter-Corn
Honorable Chairman And Planning Agency Members
Community Development Department
Variance 82-1
RECOMMENDED ACTION
Staff recommends approval of Variance No. 82-1, as amended, by the adoption
of Resolution No. 2017.
Applicant:
Location:
Zoning:
Request:
Maurice Lebanoff
17292 McFadden
C-1
To vary with the side yard setback for a primary
arterial highway.
BACKGROUND
Presently, McFadden Avenue is developed to a secondary highway standard
with a forty (40) foot centerline. The avenue is designated as a primary
highway with a future centerline dimension of fifty (50) feet.
The building currently has a twenty (20) foot setback from the present
forty (40) foot centerline and ten (10) feet from the future fifty (50)
foot centerline. The required side yard setback from an arterial highway
is fifteen (15) feet.
The shopping center was built in 1977.
DISCUSSION
The applicant is proposing to expand the shopping center by approximately
four hundred sixty (460) square feet. This expansion, as proposed, will
encroach into the right-of-way of the future primary highway by approxi-
mately one (1) f6ot.
Chairman and Planning Agency Members
Variance 82-1
Page 2
It is staff's contention that a hardship exists due to the unlikelihood
that McFadden will widen, but staff can only recommend that the improve-
ments encroach within five (5) feet of the ultimate right-of-way. This is
done for two reasons:
A five (5) foot setback from ultimate right-of-way (50 foot
centerline) will presently leave the project with a fifteen
(15) foot setback (40 foot centerline) and in conformance
with the code. The project will only become substandard when
the street is widened.
The current street grade is significantly below the founda-
tion line of the building. If the improvements are allowed
to encroach to the ultimate right-of-way line, specialized
foundations may be needed. This will be required in order to
protect the structure from being disrupted when the street is
widended. The five (5) foot setback will help alleviate this
potential problem.
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RESOLUTION NO. 2017
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, AUTHORIZING THE PROPERTY
KNOWN AS TUSTIN WALNUT VILLAGE (17292 MCFADDEN)
TO VARY WITH THE REQUIREMENTS OF THE ZONING
CODE, AS AMENDED, AND ENCROACH WITHIN FIVE
FEET OF THE ULTIMATE RIGHT-OF-WAY (50 FOOT
CENTERLINE) FOR A SIDE YARD SETBACK.
The Planning Agency of the City of Tustin does hereby resolve as
follows:
I. The
A.
Be
Planning Agency finds and determines as follows:
That a proper application (Variance No. 82-1) was filed by
Maurice Lebanoff requesting authorization to vary with the
requirements of the Zoning Code, as amended, for a side yard
setback for an arterial highway.
That a public hearing was duly called, noticed and held on
said application.
That because of special circumstances applicable to the sub-
ject 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 enjoy-
ed by other properties in the vicinity and under identical
zone classification, evidenced by the following findings:
The use is in conformance with the land use element of
the Tustin Area General Plan.
2. The remote likelihood that McFadden will be widened.
De
Fe
That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and dis-
trict in which the subject property is situated.
That this project is categorically exempt from the require-
ments of the California Environmental Quality Act.
That the granting of the variance as herein provided will not
be contrary to the intent of the Zoning Ordinance or the pub-
lic safety, health and welfare, and said variance should be
granted.
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Resolution No. 2017
-2- 2/1/82
II.
Proposed development shall be in accordance with the develop-
ment policies adopted by the City Council, Uniform Building
Codes as administered by the Building Official, Fire Code as
administerd by the Orange County Fire Marshal, and street im-
provement requirements as administered by the City Engineer.
H. Final development plans shall require the review and approval
of the Community Development Director.
The Planning Agency hereby grants a variance as applied for, to
vary with the side yard setback for a primary highway, and allow
17292 McFadden to encroach within five (5) feet of the ultimate
right-of-way for McFadden Avenue subject to the follwowing condi-
tions:
Ae
The completion of all missing or damaged street improvements,
which includes, but is not limited to; curbs and gutters,
sidewalks, or drive aprons.
Be
No alternations to the current landscaping plan will be
permitted unless a landscape plan is submitted and approved
by the Community Development Department.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency,
held on the day of , 1982.
James B. Sharp, Chairman
Mary Ann Chamberlain
Recording Secretary
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