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HomeMy WebLinkAboutPH 3a VARIANCE 81-5 08-03-81DATE: TO: FROM: SUBJECT: August 3, 1981 PUBLIC HEARING NO, 3 Inter-Corn Honorable Chairman and Planning Agency Members Co~ia~unity Development Department Variance No. 81-5 RECOMMENDED ACTION Staff recommends approval to the Agency for Variance 81-5, for front and rear set-backs only, by the adoption of Resolution No. 1995. Applicant: Joseph A. Boswell Location: 14351 Red Hill Avenue BACKGROUND The variance application is requesting authorization to vary with certain provisions of the Zoning Ordinance, as amended. These specific requests include: Rear set-baQk, applicant is proposing a 6'-0" set-back, 10'-0" is required. Ultimate front right-of-way setback, applicant is proposing a 17'-0" set-back, 20'-0" is required from a major arterial. The ultimate right-of-way improvements will cause the development to be short of the required number of parking spaces. The site is currently undergoing a zone change to multiple family residential (R-3), and this zone will allow professional offices With a use permit. The current use of the site is a dilapidated single family home. A seventeen (17) foot dedication is required at the time the property is developed, bringing the site to the current 50 centerline right-of-way. An additional (10) feet of dedication or an irrevocable offer of dedication will be required for the future widening to a 60 foot centerline right-of-way. DISCUSSION The applicant submitted two proposed site plans for the development of an office building. Variance No. 81-5 August 3, 1981 Page Two Plan "A" uses one drive aisle, with two compact tandem parking spaces. The applicant supplies 18 parking spaces and has 6,000 square feet of improvements. Plan "B" uses two drive aisles, with a total of 20 parking spaces. There are improvements totaling approximately 6,000 square feet. Staff would recommend using Plan "A" since one drive aisle is an efficient system of circulation and promotes traffic safety. The applicant will need to reduce the square footage to 5,500, since the plan has only eighteen parking spaces, instead of the required twenty. Staff cannot recommend or approve a deviation from the required number of spaces. A variance may be granted if because of special circumstances applicable to 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. Staff feels that in regard to the set-back requirements only, a variance is justifiable by size, shape, location and surroundings. Dedication requirements enacted subsequent to the subdivision of the property have restricted the opportunities to viably develop the property. When the additional ten foot dedication is improved, the site will be approximately three parking spaces short. Staff cannot recommend an approval of the aspect of the Variance since it is a self-imposed hardship due to the design layout for the site. Staff does recognize that it may be years before the improvements are completed. Staff has evaluated the restrictions on the site and finds that all the parking can be placed on the site with no future variance for parking. This is accomplished by placing all parking under the structure with two stories of office above. There would be no need for a parking space variance and no compact tandem spaces. Staff cannot recommend any deviations from the required number of parking spaces for Plan A. If this plan is used, the applicant will have to reduce the square footage to match the number of spaces proposed. EMK/dat 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Planing fol 1 ows: RESOLUTION NO. 1995 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, REQUESTING AUTHORITY TO VARY WITH REAR SET-BACK AND ULTIMATE RIGHT-OF-WAY FRONT SET-BACK FOR A PROFESSIONAL OFFICE BUILDING IN A MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE, LOCATED AT 14351 RED HILL AVENUE. Agency of the City of Tustin does hereby resolve as I. The Planning Agency finds and determines as follows: A. That a proper application,Variance No.81-5, was filed by Joseph Boswell requesting authorization to vary with the requirements of Multiple Family Residential District, to permit a 6 foot rear set-back and 17 foot front set-back from ultimate right-of-way. 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 Z9ning 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 site is restricted by the required mandatory highway dedications. 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 1995 August 3, 1981 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 a six foot rear set-back and seventeen foot ultimate right-of-way front set-back for a professional office building in a Multiple-Family Residential District, 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, streets, street trees, or any required marbelite street lights with underground conduit. B. A dedication of seventeen feet of land shall be required for interim street purposes along Red Hill Avenue. C. A dedication or execution of an irrevocable offer of dedication for a ten foot strip of land accross the Red Hill Avenue frontage s~all be required. D. Prior to Certificate of Occupancy, the subject property shall be annexed to the Tustin Lighting District or Orange County Lighting District No. 6. E. The payment of Sanitation District No. 7 sewer connection fees shall be required. F. The payment of East Orange County Water District fees shall be required. G. A grading plan shall be required for review and approval. H. Prior to building permit issuance, a landscape plan shall be required for review and approval. 28 6 7 8 9 10 12 13 14 16 17 20 21 22 23 24 2fi 2~ 27 Resolution No. 1995 August 3, 1981 Page Three I. This Variance shall not become valid until the zone change to the Multiple Family Residential District (R-3) is complete. J. The second story windows on the rear elevation shall be screened to protect the privacy of the adjacent residential units. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency held on the 3rd day of August, 1981. James B. Sharp Chairman Mary Ann Chamberlain Recording Secretary 28 ~m ~r I1~ I & ' I,.,.~