HomeMy WebLinkAboutPH 2 VARIANCE 82-6 05-17-82DATE:
May 17, 1982
PUBLIC HEARING NO. 2
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Agency Members
Community Development Department
Variance 82-6
Applicant:
Location:
Zoning:
Request:
Gerald L. Rewers
14351 Redhill Avenue
R-3
Authorization to vary with the front setback from an
arterial highway and rear setback of the R-3 zone.
RECOIIII~ENDED ACTION
Staff recommends approval of Variance 82-6 by the adoption of Resolution
No. 2032.
BACKGROUND
This site has two previous actions, a Use Permit for sale as condominium
offices, approved February 1, 1982, and a Variance for front and rear
setbacks approved August 3, 1981. The Variance was for a six (6) foot rear
setback in lieu of ten (10) feet, and a seventeen (17) foot front setback
in lieu of twenty (20) feet.
The site is vacant land.
DISCUSSION
The applicant is proposing an 8'-6" front setback from the ultimate
right-of-way line and a five (5) foot rear setback. The required setbacks
are twenty (20) feet for a setback from an arterial highway and a ten (10)
foot rear setback.
At the time of development, the developer will be required to dedicate and
improve seventeen feet to bring this portion of Redhill Avenue to the
existing fifty (50) foot center line. An additional ten (10) feet of
dedication or an irrevocable offer of dedication will be required for the
future widening to a sixty (60) foot center line right-of-way.
When this additional ten feet of dedication is improved, the project will
lose approximately five spaces out of a total of twenty (20). This will
translate to a 25 percent (25%) reduction in available on-site parking
which could generate future parking problems. Staff does recognize that it
may be years before these improvements are constructed and by then, parking
standards may change because of better public transit.
Chairman & Planning Agency
Variance 82-6
Page 2
A Variance may be granted if because of special circumstances applicable to
subject property, including size, shape, topography, location or
surroundings, the strict application of the Zoning Ordinance is found to
deprive subject property of privileges enjoyed by other properties in the
vicinity and under identical zone classifications.
The previous Variance was approved, based on the fact that highway
dedications enacted subsequent to the subdivision, as well as the
property's location, size and surroundings, restrict the opportunity to
viably develop the site. Because of several code and building
requirements, the owner was unable to utilize the approved site plan, and
had to alter the plan. It is still staff's contention that the latest plan
is justifiable for a front and rear set back Variance.
This Variance is only for a front and rear setback as indicated on the
resolution. The site plan is a preliminary and will require additional
minor modifications to conform to the City's code requirements.
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RESOLUTION NO. 2032
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, GRANTING AUTHORITY TO VARY
WITH REAR SETBACK AND ULTIMATE RIGHT-OF-WAY
FRONT SETBACK FOR A PROFESSIONAL OFFICE
BUILDING IN MULTIPLE-FAMILY RESIDENTIAL (R-3)
ZONE LOCATED AT 14351 REDHILL AVENUE
The Planning Agency of the City of Tustin does hereby resolve as
follows:
I. The Planning Agency finds and determines as follows:
Am
That a proper application (Variance No. 82-6) was filed by
Gerald Rewers requesting authorization to vary with the
requirements of Multiple-Family Residential District, to
permit a 5 foot setback and an 8.5 foot front setback from
ultimate right-of-way.
B. 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 classificat!on, evidenced by the following findings:
1. The use is in conformance with the land use element of
the Tustin Area General Plan.
2. The site is restricted by the required mandatory highway
dedications.
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.
E. That this project is categorically exempt from the require-
ments of the California Environmental Quality Act.
Fe
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. 2032
May 17, 1982
Page 2
II.
Ge
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
administered by the Orange County Fire Marshall, and street
improvement 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
authorize a 5 foot rear setback and an 8.5 foot ultimate
right-of-way front setback for a professional office building in
a Multiple-Family Residential District, subject to the following
conditions:
Ae
The completion of all missing or damaged street improvements,
which includes, but is not limited to; curbs and gutters,
sidewalks, drive aprons, streets, street trees, or any
required marbelite street lights with underground conduit.
B. A dedication of 17 feet of land shall be required for interim
street purposes along Redhill Avenue.
Ce
A dedication or execution of an irrevocable offer of
dedication for a 10 foot strip of land across the Redhill
Avenue frontage shall be required.
De
Prior to Certificate of Occupancy, the subject property shall
be annexed to the Tustin Lighting District or Orange County
Lighting District No. 6.
E. The payment of Sanitation District No. 7 sewer connection
fees shall be required.
F. The payment of East Orange County Water District fees shall
be required.
G. A grading plan shall be required for review and approval.
H. Prior to building permit issuance, a landscape plan shall be
required for review and approval.
Written verification shall be required from the City's
franchise disposal service to verify that the site can be
served safely.
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Resolution No. 2032
May 17, 1982
Page 3
I. In order to protect privacy, the second story windows on any
elevation adjacent to residential units, shall be screened.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency,
held on the day of , 1982.
Richard B. Edgar, Chairman
Janet Hester
Recording Secretary
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