Resolution Number 85-12-3-3RESOLUTION NO. 85-12-3-3 303
DENYING ZONE VARIANCE 85-16 (VILLACRES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
ZONE VARIANCE 85-16; A REQUEST TO BUILD A
WALKING DECK AND STAIRWAY WHICH WILL ENCROACH
TWO FEET INTO THE SIDE -YARD SETBACK
(VILLACRES)
WHEREAS, the applicant, Maria Villacres, 28092 Paseo
Verde, San Juan Capistrano, California, has submitted an
application for a zone variance to allow construction of a
four -foot -wide overhead walking deck and stairway which would
encroach two feet into the side -yard setback; and,
WHEREAS, small accessory structures, such as balconies,
patio covers, and garages, are categorically exempt (Class 3)
from further environmental review; and,
WHEREAS, a public hearing has been duly noticed and
held to receive public testimony on the application; and,
follows:
WHEREAS, the City Council finds and determines as
A. Special Circumstances - There are no special
circumstances applicable to the property, based on
the finding that the lot is flat and similar in
size and shape to other properties in the
neighborhood.
B. Preservation of Similar Privileges - The variance
is not necessary for the preservation of privileges
enjoyed by other properties in the vicinity and
under the same zoning classification. All
properties in the RS District are subject to
the 10 -foot side -yard setback standard. Granting
the variance would establish a precedent which
would allow others to make similar applications.
C. Effect on Neighborhood - The granting of the
variance will not contribute to a property
development that will be materially detrimental to
the public welfare or injurious to property or
improvements in the vicinity. Staff believes that
the visual impact of the walkway can be mitigated
by painting it to match the trim on the existing
home and by landscaping around the perimeter of
the walkway with trees and vines.
D. City's General Plan Consistency - The City's
General Plan does not address this level of
development detail.
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NOW, THEREFORE, BE IT RESOLVED, that based upon the
preceding findings, the City Council does hereby deny Zone
Variance 85-16 in that alternatives are available to the
applicant which do not require a variance to the provisions of
the Municipal Code.
PASSED, APPROVED AND ADOPTED this
December 1985
PHILLI R. SCHWARTZE, YOR
ATTEST:
CTTY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
3rd day of
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. g5-12-3-3 adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
December , 1985 . by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
MARY N OVE , ITY CLERK
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1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 5th day of December 1985 ,
she caused to be posted:
RESOLUTION NO. 85-12-3-3
being: DENYING ZONE VARIANCE 85-16 (VILLACRES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
ZONE VARIANCE 85-16; A REQUEST TO BUILD A
WALKING DECK AND STAIRWAY WHICH WILL ENCROACH
TWO FEET INTO THE SIDE -YARD SETBACK
(VILLACRES)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN A OVER, CITY CLERK
San JuarrCapistrano, California
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