RES-8332 Granting Variance No. 1962-94RESOLUTION NO. 8332
A RESOLUTION OP THE CITY COUNCIL OF THE
CITY OP ORANGE UPHOLDING THE RECOMMENDATION
OP THE PLANKING COMMISSION OF THE CITY
OP ORANGE AND GRANTING A VARIANCE TO
ALLOW AN ACCESSORY SBCOND UNIT TO EXCEED
THE MAXIMUM UNIT SIZE ALLOWED BY CODE.
VARIANCE 1962-
94 APPLICANT: ANTHONY J.
FAVREAU
RECITALS:After report thereon by the Planning commission and
after due public hearings as required by law and after receiving
a recommendation from the Planning commission, recommending,
by Resolution No. PC-7-94, that Variance 1962-
94 be approved to allow an accessory second unit to exceed
the maximum unit size allowed by code, the City
Council considered the Planning Commission recommendation and
granted Variance 1962-94. Said real property is
more particularly described as follows:Lot 3 of Parcel Map 89-388,
recorded in Book 270, Pgs. 13 and 14 in the
Office of the orange County Recorder.Upon the public
hearing before the City
Council, the following facts were established:1. The applicant
is proposing to move an existing structure approximately
70 ft. northwest from its present location onto an adjacent parcel,
to be used as an accessory second housing unit. The
property is zoned R-1-6(Residential -Single Family District,
6000 sq. ft. minimum lot size), and accessory second
housing units are allowed by conditional use permit, with
initial public hearing by the Planning commission,and final
review and determination by the City Council.2. The property was
the subject of a 4 parcel subdivision approved in 1989. The applicant'
s current request is to move an existing 2
story residential structure onto the subject property parcel 3) from an
adjacent parcel (parcel 2), within the same subdivision. Parcel 3 is 9,243
net sq. ft. in size, which is well over the 6,000 sq. ft.
minimum lot size required by the base R-1-6
zone. Existing improvements on the property consist of
a single family residence
constructed at the easterly (rear)portion of the lot.
3. The proposed accessory second unit is an existing structure 2 stories
in height, and 700 sq. ft. in size. The unit's living
space is constructed over a 2 car garage. The Variance request
the code required 640 sq. ft. maximum unit size by 60 sq. ft.
The applicant stated that since there are existing tenants that
reside in the unit, reducing the unit's living space would create
a hardship for the tenants.
4. The applicant is also seeking financial assistance from
the city's Redevelopment Agency that will guarantee this as an
affordable housing project. Pending the outcome of this
application, the request for financial assistance will be
considered separately
5. The Planning commission considered the proposal at an
initial public hearing on March 7, 1994, and has recommended that
the City council approve Conditional Use Permit 2053-94
and Variance
1962-94.NOW, THEREFORE, BB IT RESOLVED by the City Council
of the City of Orange that variance 1962-94 be granted
for
the following reasons:1. Approval of this variance request
would not constitute a grant of special privilege because it would
only allow the continuation of a pre-existing condition
of two buildings that were designed and constructed
to architecturally complement one another, the subsequent approval of a parcel
map resulted in the structures being situated on two
separte parcels. The applicant is also decreasing the size of
the secondary structure and thereby decreasing
its degree of nonconformity.2. There are special circumstances
that are applicable to this property because of its unique
size and configuration, and its location away from the public
street behind two other properties, being accessed only
by private driveway easement.BE IT FURTHER RESOLVED that
Variance 1962-94 be granted
subject to the following conditions:1. Project development
shall occur in substantial confor-mance with plans as approved by
the
Planning commission and City Council.2. Prior to issuance
of building permits, an agreement approved in form and substance by
the City Attorney, which sets forth the requirements
of Orange Municipal Code section 17.10.040.H, and other conditions
of approval, which may be required by the Planning Commission or
the City Council, shall be recorded with the Orange County Recorder'
s Office, and on file with
the Department of Community
3. Prior to issuance of building permits, grading plans
shall be reviewed and approved by the Department of Public Works.
Please note that a separate grading plan check fee is required).
ADOPTED this 10th day of M.::lY 1994.
J " ~ ,/"". ,'_ __ ,.,'
i,.__ '-':"-':;>
1 '/,,', "/7/cit~2i~~~?;
t th~'cit:~ ~tor~;;ge GENE BEYER
Mayor of
the city of Orange BY~~~~L
Ms or
Pro Tern ATTEST:I
hereby
certify that the foregoing Resolution was duly and regularly adopted
by the City council of the City of Orange at a regular meeting
thereof held on the ~ of M~y , 1994,by the
following vote:AYES:NOES:
ABSENT:
COUNCIL
MEMBERS:
BARRERA, MAYOR BEYER, COONTZ, MURPHY COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
SPURGEON J,I/-:-"
J'
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7/' , '~~.J?,,} '.{ '-,~~'..;l/"City Clerk ;6fthe'Ci.tY of
Orange SSH:dg Reso No. 8332 3