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ZA Resolution-12-01-18-01ZA RESOLUTION NO. 12-01-18-01 ZONE VARIANCE (ZV) 11-007, PILOTI RESIDENCE A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 20'-0" ENCROACHMENT INTO THE REQUIRED 30'-0" FRONT YARD SETBACK FOR DECK ON A 10,000 SQUARE FOOT PARCEL LOCATED AT 27002 PASEO ACTIVO AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER (APN) 675-193-02 (PILOTI RESIDENCE) Whereas, Hugo Soria requests approval of a zone variance to allow a 20'- 0" encroachment into the front yard setback for a 346 square foot second story deck joining two separate decks on property located at 27002 Paseo Activo. The project site is General Plan -designated 2.1 Low Density and classified as RS -20,000 on the Official Zoning Map; and, Whereas, Akbar and Mina Piloti are owners of real property located at 27002 Paseo Activo (APN: 675-193-02); and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, General Review Procedures of the Title 9, Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has issued a categorical exemption, has caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA 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 January 18, 2012 pursuant to Section 9-2.335 of Title 9, Land Use Code to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San.Juan Capistrano hereby makes the following findings: There are special circumstances applicable to the property including lot dimensions, size, and topography which limit development. The property has an approximate 50% grade along front, western, and part of the rear property lines. The eastern portion of the property has an approximate 35% grade up to the property line. The parcel is 10,000 square feet with a zoning classification of RS - 20,000 which places larger setback standards on the property. Due to the limited ZA Resolution 12-01-18-01 2 January 18, 2012 developable area, the primary structure sits atop the front and western slopes on a triangular pad. 2. The granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning because the proposed reduced front and side yard setback would provide a similar right granted to other properties including four variance approvals on three different properties for a reduced front yard setback less than the presently required 30'-0". Two of the approved setback reduction variances (ZV82-4, ZV80-1) allowed for a 10'-0" front yard setback to be established. 3. The variance would result in development which is otherwise consistent with the provisions of Title 9, Land Use Code because the proposed application would meet all other provisions of Title 9 of the Municipal Code. 4. The variance would result in development which is consistent with the goals, policies, and objectives of the General Plan because the granting of the variance would not result in a project which is inconsistent with the goals, policies, and objectives of the General Plan, specifically the Land Use Element since there is not a change in density or land use and the structure would maintain its existing, permitted single-family residential use. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator hereby approves a 20'-0" front yard setback encroachment for the proposed deck addition subject to those conditions contained in Exhibit A attached hereto and incorporated herein. 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, February 2, 2012. This project approval shall be valid for a period of one (1) year from the date of approval of this resolution and shall expire on January 18, 2013 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 18th day of January, 2012. D vid Contreras, Senior PI nner, Acting Zoning Administrator