HomeMy WebLinkAboutPH VARIANCE 83-1 01-17-83DATE:
TO:
FROH:
SUBJECT:
January 17, 1983
CON'~NUED PUBLIC HEARING
Inter-Corn
Honorable Chairman & Planning Agency Members
Community Development Department
Variance 83-1
DISCUSSION
The January 3, 1983 public hearing for Variance 83-1 was continued after a
concerned citizen indicated he had not received a notice for the hearing.
It was determined later in the meeting that he had received a notice but
the project had already been formally continued to the January 17 meeting.
The move-on structure is located in the City of Irvine and was used as a
real estate sales office. Its location from the City of Tustin is: from
the Santa Aha Freeway, drive south on Culver Drive to Alton Parkway, travel
east on Alton to West Yale Loop, travel south on West Yale Loop to Blue
Lake North, travel east on Blue Lake North for approximately one-half
mile. The structure is on the north side of the road. The applicant will
have pictures of the structure for the January 17, 1983 meeting.
The January 3 staff report is enclosed. Staff still recommends approval of
VAriance 83-1 by the adoption of Resolution No. 2072.
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DATE:
January 3, t983
PUBLIC HEARING NO. 1
Inter- Corn
TO'
FROM:
SUB,JECT:
Honorable Chairman & Planning Agency Members
Community Development Department
Variance 83-1
Applicant:
Location:
Zoning:
General Plan:
Request:
Jan Vail on behalf of the Two-Ten Corporation
185 E1Camino Real
C-2P, subject to Ordinance 510, the Old Town Specific Plan
No. 1
Commercial
To vary with the rear-yard setback requirement of Ordinance
No. 510 for a combination retail commercial and office
development
RECOI~ENDED ACTION
Approval of Variance 83-1 by the adoption of Resolution No. 2072.
BACKGROUND
The subject property is located on the eastern side of E1 Camino Real,
between First Street and Second Street.
The site currently has two structures, one of which is a shack at the rear
of the property and has no discernible use. The other structure fronts E1
Camino and contains two businesses, a shutter sales shop and a TV repair
shop. The site is non-conforming for required on-site parking and rear
set-back for the shack in the rear of the property.
DISCUSSION
The proposal calls for the demolition of the two existings structures and
the addition of two new structures. The structure fronting E1 Camino Real
will be a move-on structure and will contain 1,080 square feet of retail
commercial. The structure immediately to the rear will be new construction
and contain 1,006 square feet of retail and 1,335 square feet of office.
There will be enough on-site parking to accommodate 2,086 square feet of
retail commercial or 61% of the total square footage. The remaining 39%
will be professional office.
Chairman & Planning Agency
January 3, 1983
Page 2
The enclosed perspective shows the eastern and northern sides of the
building. The use of heavy timber and wood siding along with utilizing
design elements that project an older style of architecture. The building
will be an enhancement to this site and to the surrounding area and is
compatible with the intent of Ordinance No. 510. The structure facing E1
Camino Real is one story with the other structure being one story with a
loft.
The basis for granting a variance includes: "...that because of special
circumstances applicable to the 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."
It is staff's contention that a hardship does exist due to the following
findings:
The shape of the property. The irregular shape of the property makes
the design of a feasible site plan difficult. It should also be noted
that only a portion of the rear property line is developed to zero feet.
The applicant is reducing the non-conformity of the site by demolishing
a non-conforming dilapidated structure and providing adequate on-site
parking.
The project represents a positive contribution to the ongoing
revitalization of the downtown.
One other variance (75-1) had been filed for rear setback at 301 E1
Camino Real and this was approved by the Planning Commission in April,
1975.
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12-28-82
Development Review Summary
Location/District:
Action: V~ K' )'d~ IA F'~F~.
District Requirement Proposed
Building:
Front Setback
Side Setback
Rear Setback
Gross Sq. Ft.
Net Floor Sq. Ft.
Height
Number of Stories
· %a teri al s/Col ors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/sq. ft.)
~ Compact Spaces
Type
~ses:
~1oo of Public Notifications: (Owners)
* no standard
1
Da~.id Klages and Associates Inc. Architecture ~nd Pl,~nnin,q ,,'~'~,,,~:x, ',,.',,:r:,,,:
RESOLUTION NO. 2072
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A RESOLUTION OF THE PLANNING AGENCY OF
THE CITY OF TUSTIN, GRANTING AUTHORITY
TO VARY WITH THE REAR SETBACK REQUIREMENT
OF ORDINANCE NO. 510 FOR THE PROPERTY
LOCATED AT 185 EL CAMINO REAL
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. 83-1), was
filed by Jan Vail on behalf of Two-Ten Corporation
requesting authorization to vary with the rear setback
requirements of Ordinance No. 510, reducing the required
fifteen (15) feet to zero (0) feet.
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.
2. The shape of the property restricts the feasible
development of the site.
3. The existing non-conformity is being reduced by
demolishing a non-conforming structure and providing
adequate on-site parking.
D. 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 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. ~ /2
January 3, 1983
Page 2
G. Proposed development shall be in accordance with the
development policies adopted by the City Council;
Uniform Building Codes as administered by the Building
Official; Fire Codes as administered by the Orange
County Fire Marshal; 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.
II. Planning Agency hereby grants a variance as applied
for, to authorize the required fifteen (15) foot setback for
Ordinance No. 510 be reduced to zero feet for 185 E1Camino
Real subject to the following conditions:
A. The completion of all missing or damaged street
improvements, which includes, but is not limited to:
curbs and gutters, sidewalks, drive aprons, and street
trees. Any replacement of public improvements shall be
done in a manner so as to match existing improvements.
B. Written evidence indicating that the subject
property has a reciprocal easement for ingress and
egress with the adjacent property to the north.
C. A final grading plan shall be required for review
and approval.
D. Prior to building permit issuance, a landscape plan
shall be required for review and approval.
E. East Orange County Water District fees shall be
required prior to issuance of building permits.
F. Orange County Sanitation District No. 7 connection
fees shall be required at the time a building permit is
issued.
G. A design review of the southern and western
elevation shall be required.
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Resolution No. 2072
January 3, 1983
Page 3
H. A master sign plan shall be required per Ordinance
No. 684.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Agency held on the~ day of , 1983.
Richard B. Edgar, Chairman
Janet Hester
Recording Secretary