HomeMy WebLinkAboutPH 3 VARIANCE 82-5 05-03-82DATE: May 3, 1982 PUBLIC HEARING NO. 3 Inter-Corn TO: FROM: SUBJECT: Honorable Chairman & Planning Agency Members Community Development Department Variance No. 82-5 Applicant: Location: Request: Georgia K. Holmstrom & Robert Bosich 135, 143 Yorba Street, R-3 District Authorization to convert two (2) existing single-family homes to professional offices which are on lots of sub- standard development BACKGROU#O & DISCUSSION The subject properties are located on the east side of Yorba Street approximately 133 feet north of First Street. The properties are in the R-3 district, a part of the multiple-family buffer zone between the First Street Commercial district and the single-family district to the north. These properties were originally planned and developed for single-family uses on narrow 50 foot wide lots. The properties are a part of the original 1929 city area. In 1961, when the zoning code was adopted, the properties were placed in the R-3 distrct. The variance request is to allow existing deviations from current code requirements in the following areas: Lot Area Lot Width Rear Setback (Garage) Side Setback (Garage) - 6,027.5 sq.ft. - 50' (70' min.) O' (10' min.) - O' ( 5' min.) (7,000 sq.ft, min.) There are also minor deviations from the City's parking design standards, but the parking space count satisfies minimum code requirements. The parking allotment and access has been combined for both properties. A reciprocal access and parking agreement has been proposed to allow for mutual use of the combined site. Separate ownership of each property will be maintained. City staff has reviewed the subject proposal and many of the comments are contained in the accompanying draft resolution. Chairman & Planning Agency Variance 82-5 Page 2 FINDINGS & CONCLUSIONS 1. The properties and buildings were developed prior to enactment of the present zoning requirements and therefore certain hardships as a result of the zoning code are evident. 2. The zoning code does authorize office uses in the multiple-family district (R-3) subject to approval of a use permit. 3. Yorba Street has been designated as a secondary arterial highway and therefore is no longer appropriate for single-family uses. 4. The two sites, individually, by their size, dimensions and location of existing structures, present difficult design problems for the conversion to office uses. The combination of the sites for parking and access purposes provides for design solutions which satisfy the 'intent of the City's standards. 5. Yorba street is designated as a secondary arterial highway, but it is not dedicated to its ultimate width. As a result, an offer of dedication from the property owners should be a requirement of office conversion. The site plan has been designed so that the development will conform to current parking standards upon improvement of the pubTic right-of-way. RECOt~q[NDEO ACTION Approval of Variance 82-5 by the adoption of Draft Resolution 2028. AGW:jh 4-28-82 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2028 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, GRANTING AUTHORITY TO VARY WITH THE MINIMUM LOT FRONTAGE, LOT SIZE & FRONT SETBACK REQUIREMENTS FOR A PROFESSIONAL OFFICE USE IN AN R-3 ZONE LOCATED AT 135 & 143 YORBA STREET The Planning Agency of the City of Tustin does hereby resolve as follows: I. The Planning Agency finds and determines as follows: A. That a proper application, (Variance No. 82-5), was filed by Georgia Holmstrom and Robert Bosich requesting authorization to vary with the requirements of the R-3 district, at 135 and 143 Yorba Street for the purpose of converting the residential structures to general office uses. B. That a public hearing was duly called, noticed and held on said application. C. That because of ~pecial circumstances applicable to the subject property, relative to size, shape, topo- graphy, location or surroundings, a 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 classification, evidenced by the following findings: 1. The use is in conformance with Zoning Ordinance No. 157, R-3 district, as amended. 2. The developments were subdivided prior to enactment of the zoning regulations. D. That the granting of a variance as herein provided will not constitute a grant of special privilege in- consistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. E. That this project is categorically exempt from the requirements of the California Environmental Quality Act. F. That the granting of the variance as herein provided will not be contrary to the intent of the Zoning Ordinance or the public safety, health and welfare, and said variance should be granted. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 2028 Page Two G. Proposed development shall be in accordance with the development policies adopted by the City Council; Uni- form Building Codes as administered by the Building Official; Fire Codes as administered by the Orange County Fire Marshall; and street improvement require- ments as administered by the City Engineer. H. Final development plans shall require the review and approval of the Community Development Director. II. Planning Agency hereby grants a variance as applied for, to authorize 135 and 143 Yorba Street to vary with the minimum lot frontage, lot size, and front setback for a professional office use in an R-3 district subject to the following conditions: A. An irrevocable offer of street dedication for an additional 15 foot wide strip of land from each lot shall be submitted to the City prior to the issuance of construction permits for either site. B. A cash deposit sufficient to cover the cost of street widening shall be provided in lieu of the actual physical street widening. These improvements will include, but not be limited to, the following items: 1. Street paving 2. Curb and gutter 3. Sidewalk 4. Drive aprons 5. Street trees 6. Street lights with underground conduit 7. Relocation of water meters C. The payment of Orange County Sanitation District No. 7 sewer connection fees in the amount of $250.00 per parcel is required. D. A grading plan for both parcels be submitted for review and approval to accommodate the proposed site work. E. The trash enclosures shall be located outside of the future public right-of-way line. A recorded agreement will allow for the trash enclosure use by both property owners. 28 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 2028 Page Three F. A reciprocal access and parking agreement between the owners of each property (135 and 143 Yorba) shall be submitted to the City for review and approval prior to recordation. Said agreement must be recorded prior to issuance of any building permits for either parcel. E. A master sign plan shall be required per Ordinance No. 684. F. Per Section 9271 t(2)a, a 6'-8" masonry block wall is required to separate a professional office use from surrounding residential uses. G. Prior to the issuance of the conversion permits of either property to office use, the parking area improvements must be initiated for both properties. H. Each structure must be improved to present building code requirements prior to their use as an office structure. I. Fire extinguishers of a type and quality approved by the Orange County Fire Marshall's office shall be provided in each office. J. Authorization for continued setback variances does not apply to new construction on the subject properties. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency held on the ~ day of , 1982. Richard Edgar, Chairman Janet Hester Recording Secretary MAC:ih 4-28-82 28 Development Review Summary Project: Location/District: Action: V~I~4qC~-- ~_--~ District Requirement Proposed Building: Front Setback Side Setback Rear Setback Gross Sq. Ft. Net Floor Sq. Ft. Height Number of Stories Material s/Col ors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/sq. % Compact Spaces Type Uses: ft,) lO.ar No. of Public Notifications: (Owners) * no standard Development Review Summary Project: ~:::~1(_.~___ Location/District: Action: District Requirement Proposed Building: front Setback Side Setback Rear Setback Gross Sq. rt. Net Floor Sq. Ft. Height )lumber of Stories Materials/Colors Lot Size Lot Coverage Parking: Number of Spaces ~ Ratio (space/sq. / [ % Compact Spaces ~ Type Uses: 'No. of Public Notifications: (Owners) * no standard J 135 YORBA (S. side) 135 YORBA (front) 135 YORBA (rear) 143 YORBA (front) 143 YORBA (S. side) 143 YORBA (rear)