Resolution Number 86-9-16-3RESOLUTION NO. 86-9-16-3
DENYING ZONE VARIANCE 86-9 (BRAITHWAITE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DENYING ZONE
VARIANCE 86-9, A REQUEST TO ALLOW A PREVIOUSLY
CONSTRUCTED PATIO COVER TO ENCROACH 10 FEET
INTO THE 10 -FOOT MINIMUM SIDE -YARD SETBACK
LOCATED AT 33801 VALLE ROAD, SAN JUAN
CAPISTRANO, CA 92675 (BRAITHWAITE)
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WHEREAS, the applicants, Dr. and Mrs. George Braithwaite,
33801 Valle Road, San Juan Capistrano, CA 92675, have submitted an
application for a zone variance to allow encroachment of the side -
yard setback for a previously constructed open patio cover that
was built without a building permit located in the ES (Small
Estate) District; and,
WHEREAS, the City's Environmental Review Board has
determined that the variance application is categorically exempt
from environmental review requirements; and,
WHEREAS, a public hearing has been duly advertised in the
Capistrano Valley News and held to receive and consider public
testimony on the application; and,
WHEREAS, after conducting the public hearing, the Zoning
Administrator denied the applicant's request; and,
WHEREAS, the applicant has appealed the decision of the
Zoning Administrator to the City Council; and,
WHEREAS, a public hearing has been duly advertised in the
Capistrano Valley News and held to receive and consider public
T estimony on the application.
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby finds and determines as follows:
a. There are no special circumstances applicable to the
property which do not apply generally to other
properties in the neighborhood in that the terrain
is hilly in nature and the lot maintains a
rectangular shape which is not unique to this area.
b. The variance is not necessary for the preservation
and enjoyment of privileges enjoyed by other
properties in the vicinity and under identical
zoning classification in that no unusual
characteristics justify this variance.
no
3 �� C. The granting of the variance will contribute to a
property development which will be materially
1 detrimental to the public welfare or injurious to
the property improvements in the vicinity in that
visual impact, though minimal, is borne by the
neighbor directly adjacent to the subject property.
d. The granting of the variance is not consistent with
the goals, objectives, and policies of the General
Plan. The construction of this patio cover is not
consistent with the desire to maintain a minimal
side -yard setback from the property line to
principal structure.
e. The granting of the variance, as proposed, would be
in conflict with provisions of the Uniform Building
Code, Chapter 5, Section 504A, Table 5A, which
states that structures are not permitted less than 3
feet from the property line unless protected with
one-hour construction, thus requiring a solid wall
with no openings to be installed.
BE IT FURTHER RESOLVED, that based upon the preceding
findings, the City Council does hereby deny Zone Variance 86-9.
PASSED, APPROVED, AND ADOPTED this 16th day
of September 1986
KENNETH E. FRIESS, YOR
ATTEST:
CITY CLE
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STATE OF CALIFORNIA )
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. 86-9-16-3 adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of
September , 1986, by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
( SEAL) �� CL
MAR OVER, CIT -,-t- CLERK
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