ZA Resolution-98-05-13-01ZA RESOLUTION NO. 98-5-13-1
ZONE VARIANCE NO. 98-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SAN JUAN CAPISTRANO CONFIRMING
ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A VARIANCE TO ALLOW A THREE FOOT (3’)
SIDE YARD SETBACK AND A SIXTEEN FOOT-EIGHT
INCHES (16’-8”) REARYARD SETBACK IN THE “RS” ZONE
DISTRICT, FOR A 12,852 SQUARE FOOT LOT LOCATED
AT 27822 HORSESHOE BEND, LOT 160, TRACT 6381.
ZONE VARIANCE 98-02, (STAPLEY)
Whereas, the proposed project has been processed pursuant to Section 9-
2.405, Zoning Administrator 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 May 13, 1998 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
Whereas, the Zoning Administrator has received a letter of support for
the variance from the homeowner’s association.
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 the lot is
narrower than other lots on the street and shallower on one side, 98.35’ deep on the
northerly lot line. Lot 160 is the only vacant lot left on Horseshoe Bend. Other lots
on Horseshoe Bend, particularly the deeper ones on the outside of the curve with
Lot 160, have been able to accommodate development farther away from the street.
The applicant seeks approval of a similar setback in the front yard that neighbors
with deeper lots have been able to accommodate. The topography of the lot is
unique in that there is an eight foot grade change between lot 160 and the
neighboring lot 159. If the standard RS setbacks of IO’ were observed, the
applicant’s house would “loom” over the structure on lot 159.
ZA Resolution 98-8-22-l -2- May 13, 1998
2. The granting of the variance will not constitute a grant of special privileges, rather
it will allow the property to maintain a similar front yard setback as that permitted for
other properties in the vicinity and zone district.
3. The variance will not result in 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 residential use and the variance would allow low
density single family dwelling development. Moving the structure away from the
adjoining structure and back away from the street will help preserve the uncrowded
look of the Stoneridge area, and since the affected property lines are bordered by
open space, no other structure or property owner would suffer by the proposed
variance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby approve Zone Variance 98-
02, subject to the following condition:
1. The variance shall be in conformance with the project plans entitled “Stapley
Residence”, Lot 160,Tract 6381, dated April 7, 1998 and submitted with this
application.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become fifteen (15) days following Zoning Administrator action, and becomes effective
beginning May 28, 1998.
PASSED, APPROVED AND ADOPTED this 13th day of May, 1998.
illiam A. Ramsey, AICP,
-
ministrator
C \MyF~les\WPDocuments\ResoLetters\Resolut~ons~tapleyzv98marl3 wpd