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ZA Resolution-01-04-04-01ZA RESOLUTION NO. 01-04-04-I ZONE VARIANCE 01-03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A VARIANCE TO SECTION 9-3.607(F)(l)(I)(AC)(II) OF THE LAND USE CODE TO ALLOW AN ATTACHED DECK AT THE REAR OF THE PROPERTY TO OCCUPY ONE-HUNDRED (100) PERCENT, WHERE THE MUNICIPAL CODE IN THE (RS) SINGLES FAMILY RESIDENCE ZONE DISTRICT, DOES NOTALLOWATTACHED DECKS TO EXCEED FORTY (40) PERCENT OF THE TOTAL LENGTH OF THE ELEVATION TO WHICH THEY WOULD BE ATTACHED. THE PROJECT IS LOCATED AT 27921 VIA ESTANCIA, AND IS REFERRED TO AS ASSESSORS PARCEL NUMBER 666-222-073.(BUNGE) WHEREAS, the proposed project has been processed pursuant to Section, 9-3.607(f)(l)(i)(ac)(ii), Development Review of the Land Use Code; and, WHEREAS, Mrs. Julia H.S. Bunge at 27921 Via Estancia, San Juan Capistrano, CA 92675 have requested approval of Zone Variance (ZV 01-03); to allow the construction of an attached forty (40’-0”) foot wide deck at the rear of the property, where the Municipal Code does not allow attached decks to exceed forty (40) percent of the total length of the elevation to which it will be attached. The property is located in the (RS) L Single Family Residence zone district with a (LD) Low Density General Plan land use designation; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class 1 categorical exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on April 4, 2001 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby make the following findings: - ZA Resolutlon 01-04-04-I 2 April 4, 2001 1. There are special circumstances applicable to the property including size, shape, topography, location, or surroundings so that the strict application of the Code would deprive the property of privileges enjoyed by other properties in the vicinity and with the same zoning classification. There are special circumstances applicable to the property at 27921 Via Estancia, due to the surrounding residences that have decks that exceed the forty (40) percent of the total length of the elevation to which they are attached. Strict application of this code would deprive the applicant of privileges enjoyed by other properties within the surrounding development. 2. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning. The granting of this variance would not constitute a special privilege to the extent that other adjacent properties along Via Estancia, have been developed with decks at the front and rear of the properties, that exceed the maximum allowed of forty (40) percent of the total length of the elevation to which they are attached. In addition it should be noted that there will be a one foot encroachment into the required twenty five (25’-0”) foot rear yard setback, which could be allowed due to the variance exception of ten (10) percent. 3. The variance will not result in development which is otherwise inconsistent with the provisions of Title 9 of the Municipal Code. Except for the variance approval of Section 9-3.607(f)(l)(i)(ac)(ii) of a forty (40’-0’) foot wide attached deck, (with a gross floor area of 396 square feet) which is equal to the existing length of the elevation to which it will be attached, this action will not result in any inconsistency with the provisions of Title 9 of the Municipal Code. Furthermore, the project will be more compatible with the surrounding properties on each side and across Via Estancia, which will retain the neighborhoods character and style 4. The variance will not result in development which is inconsistent with the goals, policies, and objectives of the General Plan? The granting of this variance will not result in a development which is inconsistent with the goals, policies, and objectives of the General Plan. The General Plan designates the property for (LD) Low Density residential use, and the proposed project will maintain a Single-Family use that does not increase the density. Furthermore, the project will be compatible with the surrounding areas and will retain the neighborhood’s character and style. ZA Resolution 01-04-04-l 3 Aprd4, 2001 - NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby confirm issuance of Variance 01-03, subject to the following conditions of approval: Conditions of Approval 1. The applicants’ building permit plans shall be in substantial compliance with the zone variance site plan and architectural plans, subject to review and approval by the Zoning Administrator. 2. The applicants shall secure all applicable building permits for construction of the proposed wall as required by the 1999 UBC EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) days following Zoning Administrator action, and becomes effective beginning appeal period without filing of an appeal application. The appeal period shall expire at 5.00 p.m. Thursday, April 19, 2001. PASSED, APPROVED AND ADOPTED this 4th day of April 2001. William Ramsey, AICP Z (C hly Documents\WordPerfect Do&Current Plann~ngW0103Bunge\rv0103bunge-reso wpd)