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PC Resolution-06-12-12-01PC RESOLUTION NO. 06-12-12-1 ZONE VARIANCE (ZV) 06-05 & TREE REMOVAL PERMIT (TRP) 06-81 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING A ZONE VARIANCE TO ALLOW AN 9'-8" ENCROACHMENT OF THE RELOCATED TROUBLEMANS COTTAGE INTO THE 18'-0" FRONT YARD SETBACK AND DENYING A TREE REMOVAL PERMIT TO REMOVE ONE (1) ASH TREE WITH A DIAMETER OF OVER 40 INCHES ON THE PROPERTY LOCATED AT 31476 LA CALERA STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER APN 124-211-11 (COLLINS). WHEREAS, Damien Collins has requested approval to remove one (1) Ash Tree with a diameter of over 40 inches and a Zone Variance to Section 9-3.301, Residential Development Standards to allow an 8'-2" encroachment of a new single family residence into the front yard setback, where a 18'-0" front yard setback is required for the primary structure for the property located at 31476 La Calera Street (Tract 808, Lot 7, Assessor Parcel Number 124-211-11). The proposed project site is General Plan designated as Medium High Density (MHD), and classified as Mission Residential District (MRD) 4,000 Zone District 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 Planning Commission conducted a duly noticed public hearing on December 12, 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 Planning Commission of the City of San Juan Capistrano does hereby make the following findings: 1. There are no special circumstances applicable to the property including size, shape, topography, location, or surroundings so that the strict application of the Code would deprive the property of privileges enjoyed by other properties in the vicinity and with the same zoning classification. 2. The approval of Zone Variance 06-05 would constitute the granting of a special privilege because the property is developable and does not contain a special circumstance that would prevent the property owner from developing the property. 3. The granting of a zone variance will result in an inconsistency with the provisions of Title 9 of the Municipal Code because the project does not meet the criteria for a zone variance. PC Resolution 06-12-12-1 2 December 12 2006 4. The granting of this variance will result in a development which is inconsistent with the goals, policies, and objectives of the General Plan because the project will not be compatible with the surrounding area patterns of development. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano, California hereby denies the proposed Zone Variance &Tree Removal Permit. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday, December 27, 2006. PASSED, APPROVED AND ADOPTED this 12th day of December, 2006, by the following vote, to wit: AYES: Commissioners Neely and Drey, Vice -Chairman Cohen, and Chairman Cardoza NOES: ABSTAIN: ABSENT: Commissioner Ratcliffe Robert Coza, Chairman } E William Cunningham, Inte4m Planning Director, Secretary PAP Ian ningWrchive\ZV PROJECTS\ZV0605Collins(TroublemansCottage)\ZV 06-05 PC reso 12Dec06 Final.doc