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ZA Resolution-07-03-01-01ZA RESOLUTION NO. 07-03-1-01 DEVELOPMENT STANDARDS ADJUSTMENT 07- 01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS ADJUSTMENT TO ALLOW THE CONSTRUCTION OF A FIRST AND SECOND FLOOR ADDITION TO ENCROACH V-0" INTO THE SIDE YARD SETBACK WHERE A 10'-0" SIDE YARD SETBACK IS REQUIRED FOR 33531 AVENIDA CALITA (APN 675-041-11; PITMAN RESIDENCE). . Whereas, Ellis Pitman requests approval of a a ten percent (10%) adjustment to Section 9-3.301 (Residential Districts Development Standards) to allow the construction of a first and second floor addition to encroach V-0" into the 10'-0" side yard setback for property located at 33531 Avenida Calita (Parcel 57 of Tract Map 8319, and Assessor Parcel Number 675-041-11). The property is General Plan designated as MLD (Medium Low Density- 2 to 3.5 Dus/Acre), and is designated as RS -7,000" Single Family Residential on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review 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 has issued a Class 1 (e) (Existing Facilities) Categorical Exemption; and, Whereas, Zoning Administrator conducted a duly noticed public meeting on April 20, 2006 pursuant to Section 9-2.313 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. The requested adjustment is the most practical solution to the proposed project because it will allow the applicant to construct an addition, similar in nature to other homes in the neighborhood. The existing residence does not conform to the district standards, and has an existing encroachment into the side yard of five feet 5-0" on the first floor and an one foot V-0" encroachment on the second floor. In the location of the addition the residence has an existing encroachment of one foot V-0" encroachment into the side yard. The requested adjustment allows the resident the ability to utilize the side wall, which is a weight bearing wall, as the support for the second floor addition. The alternative to the applicant's request would require the applicant maintain the ten foot setback, which would cause an undue hardship on the resident, by requiring a redesign and significant structural improvements. Other than the side yard setback encroachment, the residential structure meets all other development standards ZA Resolution 07-03-1-01 2 March 1, 2007 2. The proposed project does not adversely affect the adjoining properties because the home was constructed thirty years ago and is consistent with other developments in the vicinity. The proposed encroachment does not exceed the current encroachment; and the new encroachment is considered minimal. The proposed addition relocates an existing deck further into the property and away from the side yard and introduces new building mass to provide privacy for both the subject property and the neighboring property. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano hereby approves the project subject to the conditions of approval contained in Exhibit "A'' attached hereto and incorporated herein; and, EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.311 of Title 9, Land Use Code, this project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen (15) day appeal period shall expire at 5:00 p.m. on Thursday March 16, 2007. This project approval shall be valid for a period two (2) years from. the date of approval of this resolution and shall expire on March 1, 2009 unless a time extension request has been submitted to. the City; or a building/grading permit application has been submitted to the City; or in the case of a conditional use permit, the use has been established prior to the approval expiration date.. PASSED, APPROVED AND ADOPTED this 1St day of March, 2007 iam A. Ramsey, Al PAPlanning\Projects\DSA PROJECTS\DSA0701-Pittman\Resolution.doc inistrator