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
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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.
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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.
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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
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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)