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HomeMy WebLinkAboutPH 3 VARIANCE 82-11 10-04-82I~TE: October 4, 1982 PUBLIC HEARING NO. 3 Inter-Corn TO: FROM: · SUBdECT: Honorable Chairman & Planning Agency Community Development Department Variance 82-11 Applicant: Location: Request: Lewis Properties, Inc. [4772 Plaza Drive Authorization to vary with the front and side yard building setbacks of Specific Plan No. 4. BACKGROUND The subject property is located in Tract 8475 which fronts on Irvine Boulevard just east of Holt Avenue. The tract was planned as an office complex and was to be developed in accordance with precise regulations of Specific Plan No. 4 (adopted by Ordinance No. 606, January 4, 1979). Since 1974, the tract has been slowly developed with two office buildings, one savings and loan and a small multi-tenant retail center. In July, 1977, the City Council approved a zone change (R-3 District) for approximately half of the tract to authorize the construction of apartment buildings at the rear of the tract. The parcel, which Lewis Properties, Inc. wishes to develop, is the last undeveloped lot in the tract. It is the intention of the applicant to use the building as the firm's corporate office. DISCUSSION The subject lot is a little more than half an acre in size and is located along a curve on Plaza Drive. The structure is designed with two stories and with a gross floor area of 10,500 square feet. The proposal satisfies all existing zoning and development standards with the exception of the front (20') and northern side (10') yard setbacks. Two architectural columns along the north side of the structure extend beyond the setback lines by 2.6'., Although these columns are not structural elements of the building, they do need to be supported by foundations. The building walls are behind the setback lines. In addition, the architect is proposing 4.5' high patio walls in the front yard, approximately 15' from the front property line. Extensive landscape berming is proposed for the front yard area. The architect has stated that this mounding will not cause the building pad to be much higher than the existing grade level. Chairman & Planning Agency October 4, 1982 Page 2 FINOINGS & CONCLUSIONS 1. Because of the configuration of the parcel, a large portion of the property is available for use as front yard area. While one corner of the building is within the setback line, about 18% of the lot is a part of the front setback area. The unusual lot configuration could be viewed as a hardship as a result of the zoning regulations. 2. The residential structures within the complex were not required to meet the 20' front setback regulation when constructed. The R-3 district requires only a 15' setback. 3. The office building adjacent to this parcel on the north was constructed to the 20' setback line at the first floor level. However, the second floor was authorized by the Planning Agency to overhang the line by 6' as provided by the zoning code. 4. Staff believes the building will be an excellent addition to the area and that the design is in conformance with the styles of architecture in the immediate area and should be approved as proposed. 5. The configuration of the parcel, with a curved front property line, produces an irregular shape creating difficulty in complying with the front yard setback. REC(R~ENDED ACTION Approval of Variance 82-11 as proposed by the adoption of Resolution No. 2063. Standard City requirements and staff recommendations are contained within the resolution. AGW:jh 9-28-82 --I T o U.I Ii Development Review Summary Project: t. EbJ~ Location/District: Ac t i o n: U~~ District Requirement Proposed Building: Front Setback Side Setback Rear Setback Gross Sq. Ft. Yet Floor Sqm Ft. Height Humber of Stories Material s/Color~ L o t S i z e Parking: )lumber of Spaces Ratio (space/sq. ft.) % Compact Spaces Type Ho. of Public Notifications: (Owners) * no standard RESOLUTION NO. 2063 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, AUTHORIZING LEWIS PROPERTIES, INC. TO VARY WITH THE FRONT AND SIDE YARD SETBACKS OF SPECIFIC PLAN NO. 4 ON PARCEL 3 OF TRACT 8475 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. 82-11), was filed by Lewis Properties, Inc. requesting authorization to vary with the requirements of Specific Plan No. 4 (Ordinance No. 606) to develop an office building 2.5 feet inside the front 20-foot setback and 2.5 feet inside the lO-foot side setback line and to allow 4.5- foot high patio walls 15 feet from the front property line. B. That a public hearing was duly called, noticed and held on said application. C. That because of special 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 the land use element of the Tustin Area General Plan and with the requirements of Specific Plan No. 4; 2. The curvature of the fronting street (Plaza Drive) results in an extended front yard area which satisfies the intent of the Specific Plan setback requirements. O. 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. 1 2 3 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. ~U63 October 4, 1982 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 Marshal; 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 Lewis Properties, Inc. to vary with the setback requirements of Specific Plan No. 4, subject to the following conditions: A. The final site plan shall be standardized and reflect all appropriate City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said development per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist of, but is not limited to: curbs and gutters, sidewalks, street pavement, and street trees. B. The building shall be provided with an automatic fire detection system as approved by the Orange County Fire Marshal's office. C. The final grading plan shall be submitted and shall delineate the points of connection for the sanitary sewer and domestic water service. D. Payment of Sanitation District No. 7 connection fees shall be required at the time a building permit is issued. E. Payment of East Orange County Water District fees shall be required prior to the time the City sets the domestic water service meter. F. The developer will be responsible for the construction of full-width sidewalk with tree wells across the frontage of the proposed development. G. All signs must be approved by the Planning Department prior to permit issuance. 28 5 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. z063 October 4, 1982 Page Three H. All roof equipment and vents must be screened from view. 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