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ZA Resolution-99-01-27-01ZA RESOLUTION NO. 99-1-27-1 ZONE VARIANCE NO. 98-08 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFTRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING FRONTYARD AND SIDEYARD VARIANCES ON A LOT LOCATED AT 30742 HILLTOP WAY, LOT 10 OF TRACT 9030, ZONE VARIANCE 98-08 (MEYLING). Whereas, Albert & Connie Meyling, 33542 Valle Road, San Juan Capistrano, California, 92656, have requested approval of a zone variance to allow a fourteen foot, two inch (14’- 2”) side yard setback where twenty foot (20’-0”) is required and a twenty foot (20’-0”) front yard setback where thirty foot (30’-0”) is required, in the Small Farm (RA) Zone District, for a 2 5 acre lot located at 30742 Hilltop Way, Lot 10 of Tract 9030, and, Whereas, the proposed project has been processed pursuant to Section 9-2 405, Zonmg Admmistrator procedures of the Land Use Code, and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued a categorical exemption and caused a Notice of Exemption to be posted pursuant to the City’s Environmental Review 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 January 27, 1998 pursuant to Section 9-2 3 13 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 1. There are special circumstances applicable to the property in that it is located on a cul-de-sac with the front yard located on the curve of the cul-de-sac so that the street takes up more of the front yard than it would on a straight section of the street In addition it should be noted there is a relatively small portion of the lot that is build able without requiring an extensive amount of grading due to the substantial areas of natural slope The CC&Rs for the tract require a minimum 4,500 square foot house to be built on the lot and the size of the house, coupled with the constraints of the topography of the lot, make the required setbacks problematic Three other lots on the street have received variances to build in the front yard setback, 30592, 30701, and 30621 Hilltop Way 2. The granting of the variance will not constitute a grant of special privileges, rather it will allow the property to be developed consistent with the CC&Rs for the tract and consistent with the hillside grading ordinances of the Municipal Code, and policies of the General Plan . . ZA Resolution 99- l-27- 1 -2- Januarv 27. 1999 3 The variance will not result m development which is inconsistent with the provisions of Title 9 of the Municipal Code other than for the above stated encroachment. 4. The 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 very low density resrdentral use and the variance would allow low density single family dwelling development. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Admmistrator of the City of San Juan Capistrano does hereby approve Zone Variance 98-08, subject to the following condition 1 The variance shall be in conformance with the project plans entitled “Grading Plan, Lot 10, Tract 9030, Albert & Connie Meyling” dated January 6, 1999 and submitted with this application EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become final fifteen (15) days following Zoning Administrator action, and becomes effective beginning February 12, 1999 - PASSED, APPROVED AND ADOPTED this 27th day of January, 1999 C WPN-1x61 WPDOCS CP,JlEYLISG Z.IR oi??Qh~~ William A Ramsey, AIC