Resolution Number 86-8-5-5RESOLUTION 86-8-5-5
APPROVING ZONE VARIANCE 86-4 (ZELLNER COMMUNITIES, INC)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE
VARIANCE 86-4 (ZELLNER COMMUNITIES, INC.)
WHEREAS, applicant, Zellner Communities, Inc., has
submitted an application for a zone variance to modify the
exterior elevations of Lots 1 through 34, Tract 11093, and to
encroach five (5) feet into a required 10 foot side yard setback
on Lots 8, 16, 22 and 23 of Tract 11093. The applicant is also
requesting to encroach six (6) feet into a required 10 foot side
yard setback on Lots 27, 29, and 30 of Tract 11093, generally
located on Imperial Drive in the RS District; and,
WHEREAS, the variance request is categorically exempt
from environmental impact report requirements; and,
WHEREAS, the Planning Commission denied the variance
request; and,
WHEREAS, the City Council has conducted a public
hearing regarding said request on August 5, 1986,
FOLLOWS:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
1. The variance request is hereby approved based
upon the following findings:
a. There are special circumstances applicable to
the roperty in that:
(1) All of the lots requiring variances are
between 60 and 65 feet wide, which is
substantially less in frontage than all
other lots in the same tract.
(2) There is a substantial slope in the rear
yard of each lot for which a variance is
requested which prevents locating the
dwelling unit farther away from the
street in order to mitigate or eliminate
the variance.
b. The variance is necessary for the preservation
and enjoyment of privileges enjoyed by other
properties in the vicinity and under identical
zoning classification in that they have been
developed with 50 -foot wide homes, including
three -car garages, which was possible only
because all other lots in the area have a
frontage of at least 70 feet.
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3 _/ O C. The granting of the variance will not
2 contribute to a property development which
will be materially detrimental to the public
welfare or injurious to the property or
improvements in the vicinity in that:
(1) Every dwelling unit requiring a side yard
setback variance is located at least 15
feet from the adjoining dwelling. in
most cases, there is more than 15 feet
between dwellings, providing 75% to 85%
of the open space between buildings
intended by the Code.
(2) There is a difference in pad elevations
between each lot requesting a side
setback variance and the adjoining lot
which provides a similar appearance as
the required 20 feet between buildings
which are on the same level.
d. The granting of the variance is generally
consistent with the goals, objectives and
policies of the General Plan.
PASSED, APPROVED, AND
ATTEST:
this 5th
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STATE OF CALIFORNIA321
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 86-8-5-5 adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the si-h day of
August , 1986, by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
(SEAL)
RARY ANN f VER, 'CITY CLERK
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