HomeMy WebLinkAboutNB 1a VARIANCE 81-9 06-07-82DATE:
TO:
FROM:
SUBJECT:
June 7, 1982
NS~ BUSII~ESS NO. 1
Inter-Corn
Honorable Chairman & Planning Agency Members
Community Development Department
Extension of Variance 81-9/Amendment to Resolution No. 2011
Applicant:
Location:
Request:
Dale Cexton & Associates on behalf of Beyer & Warden
15520-15582 South "B" Street
To extend Variance 81-9 for a period of six (6) months by
amending Resolution No. 2011
RECOI~4ENDED ACTION
Staff recommends Variance 81-9 be extended for six months by the adoption
of Resolution No. 2033.
BACKGROUND
In August, 1980, the Planning Agency granted a Variance for the subject
property permitting a 36 unit condominium development with a lot coverage
of 55%, 5% more than is allowed per code. The project was not constructed,
and the Variance expired.
In December, 1981, the property owners submitted a second project for the
site, again requesting to va~ with open space requirements. This second
project was approved (Variance 81-9) and consists of 41 condominium units
convering 53% of the lot area. A condition of the adopted resolution
provides that the variance will be null and void six months from the date
of approval, instead of the usual one year.
DISCUSSION
As has been the case with all recent extension requests brought before the
Agency, the applicant cites the current economic situation as the main
reason necessitating the six-month extension.
In the background section of this report, it was pointed out that Variance
81-9 was approved for only six months instead of the usual one year. At
the time of approval it was argued by an Agency member that if economic
conditions at the time had been less prohibitive, his decision on the
Variance may have been different. It was also stressed that if the economy
improved, then the proposed unit density would not be necessary to n~ke the
project cost effective. However, it was also mentioned that the applicant
should be allowed to request an extension, and that such a request would
receive favorable consideration assuming adverse economic conditions still
prevail. The Agency concurred with this line of reasoning and approved the
project.
Chairman & Planning Agency
June 7, 1982
Page 2
The applicant is faced with at least the same economic situaton as was
present at the time of approval, and Staff is of the opinion that Variance
81-9 should be extended for six months by the adoption of Resolution No.
2033.
Based on recent Agency actions (extensions of Use Permits 81-12 and 81-22)
Staff also recommends that if the subject project is not under construction
by December 21, 1982, then a re-application for a Variance or Use Permit
should be required.
JSD:jh
5-20-82
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RESOLUTION NO. 2033
A RESOLUTION OF THE PLANNING AGENCY OF
THE CITY OF TUSTIN, AMENDING RESOLUTION NO.
2011 TO EXTEND VARIANCE 81-9 FOR SIX MONTHS
The Planning Agency of the City of Tustin does hereby resolve as
follows:
I. The Planning Agency finds and determines as follows:
Ae
That a proper application (Variance No. 81-9) was filed by
Graham Electric on behalf of Beyer & Warden, Inc. requesting
authorization to vary with the requirements of Planned
Development District to construct 41 residential condominium
units at 15520 through 15582 South "B" Street Street.
B. That a public hearing was duly called, noticed and held on
said application.
Ce
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
was found to deprive the subject property of privileges
enjoyed by other properties in the vicinity and under
identical zone classification, and that Variance 81-g was
approved subject to all conditions, determinations and
findings contained in Planning Agency Resolution No. 2011.
That Condition II. V. of Resolution No. 2011 requires that
Variance 81-9 shall become null and void unless construction
has commenced by June 21, 1982.
That the property owners of 15520 through 15582 South "B"
Street have requested that Resolution No. 2011 be amended to
permit Variance 81-9 to be extended to December 21, 1982.
II.
The Planning Agency hereby amends Planning Agency Resolution No.
2011, Section II. V. to authorize the extension of Variance 81-9
for six months subject to the following conditions:
Ae
That all other findings, determinations and conditions
contained in Resolution No. 2011 are, and shall remain in
effect.
That if the project is not under construction by December 21,
1982, Variance 81-9 will become null and void and a re-
application for a Variance or Use Permit will be required.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency,
held on the ~ay of , 1982.
Rlchar B. Edgar, Chairman
Janet Hester, Recording Secretary