HomeMy WebLinkAboutPH 2 VARIANCE 80-18- 12-15-80DATE:
TO:
FROH:
SUBJECT:
Applicant:
Location:
December 15, 1980
PUBLIC HEARING
NO. 2
12-15-80
Inter- Corn
Honorable Mayor and City Council Members
Community Development Department
Appeal of Variance No. 80-18
Alan Albright
301 West First Street
DISCUSSION:
On November 17, 1980, the Planning Agency held a public hearing on Variance
80-18. The request was to vary with the front and side yard setback require-
ments in the Commercial General Planned Unit Development Zone. The proposed
project was to expand and convert an existing home into a professional office
building.
After hearing testimony from the applicant and staff, the public hearing was
closed and the Planning Agency denied the Variance 3 to 2. The applicant has
subsequently appealed this decision of the Planning Agency, to the City
Council.
RECOMMENDATION:
Staff recommends and supports the decision of the Planning Agency on Variance
80-18.
DATE: November 17, 1980
PUBLIC HEARING NO. 2
Inter- Corn
TO: HONORABLE CHAIRMAN AND PLANNING AGENCY MEMBERS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
VARIANCE NO. 80-18
APPLICANT: Allan Albright
LOCATION: 301 West First Street
BACKGROUND AND DISCUSSION:
The request is to vary with the Commercial General Development
standards for a front and side yard setback. The proposed project is to
expand and convert an existing house into a professional office building
The gross floor area after expansion will be 2112.5 square feet, with a
required seven off-street parking spaces provided.
The zoning for the site (CGPUD) allows for the development of office
buildings. The existing use is a single family' residence, California
Bungalow style, approximately fifty years old.
Section 9235(f)2 of the Zoning Ordinance defines setbacks in the CG
zone as:
(a) Front Yard. A minimum of ten (10) feet front structural setback
shall be required from ~he ultimate street right-of-way line.
(b) Side Yard. A minimum of ten (10) feet side yard structural
setback shall be required from the ultimate street right-of-way line
or adjoining residential lot.
The applicant is proposing a zero lot line setback for the front and
side yard.
Although staff feels the proposed project would be an asset for the
area, there is no justification to allow the zero lot line setbacks.
Ordinance No. 500 set a ten (10) foot front setback from the property
line along First Street from Prospect Avenue to the Westerly City
limits (City Code 9271u). Other uses along First Street have con-
formed to this setback requirement. There are some structures along
First Street which have a zero setback, but these are existing non-
conforming structures, built before the Ordinance was enacted.
In addition, the Engineering Department has indicated in plan review
comments that the proposed setbacks impair the visibility of motor-
ists taking access accross First Street from Southbound "B" Street,
and this situation could conceivably create a hazardous condition.
Variance No. 80-18
APPLICANT: Allan Albright
LOCATION: 301 West First Street
November 10, 1980
Page two.
Recommendation:
Staff recommends that Variance 80-18 be denied due to lack of hard-
ship for the subject property.
EMK/kb
Attachment
1
2
8
10
11
17
2O
g6
117
RESOLUTION NO. 1934
A RESOLUTION OF THE PLANNING AGENCY OF
THE CITY OF TUSTIN, DENYING AUTHORITY
TO VARY WITH SETBACK REQUIREMENTS OF THE
CO~MERCIAL GENERAl, PLANNED UNIT DEVELOP-
MENT (CGPUD) FOR THE PROPERTY AT 301 W'EST
FIRST STKEET.
The Planning Agency of the City of Tutin does hereby resolve as
follows:
The
A.
Planning Agency finds and determines as follows:
That a proper application (Variance No. 80-18) was filed by
Alan Albright to request authorization to vary with the
structural setback for the front and side yard in a Com-
mercial General Planned Unit Development District located at
301 West First Street.
B. That a public hearing was duly called, noticed and held on
said application.
C. That said application should not be granted for the following
reasons:
No evidence of hardship was presented to justify a favor-
able finding to vary with the setback requirements of the
Commercial General Planned Unit Development District.
II.
The Planning Agency hereby denies Variance Application No. 80-18,
as applied for, requesting authority to vary with setback re-
quiremeats of the Commercial General Planned Unit Development
District.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency,
held on the 1st day of December, 1980.
~onald J altarelll
, Chalrm~altarelll
M.I. Mehl
Recording Secretary