RES-8413 Denying Variance No. 1974-94RESOLUTION NO. 8413
A
RESOLUTION OP THE CITY COUNCIL OP THE CITY
OP ORANGE UPHOLDING THE RECOKMENDA-TION
OP THE PLANNING COMMISSION OP THE CITY
OP ORANGE AND DENYING A VARIANCE TO ALLOW
WAIVER OP DEVELOPMENT STANDARDS POR BUILDING
SETBACKS, REQUIRED NUMBER OP ON-SITE
PARKING SPACES, AND RESIDENTIAL UNIT SIZE.
VARIANCE 1974-
94 APPLICANT: DWIGHT
CLARK
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-31-94, that Variance 1974-94
be denied to allow waiver of development standards
for building setbacks, required number of on-site parking spaces,
and residential unit size the City Council
considered the Planning Commission recommendation and denied Variance 1974-
94. Said real property is more
particularly described in attached Exhibit "A".Upon the public hearing before
the city Council of the City
of Orange the following were established.1. The applicant, Dwight
Clark, is requesting the City Council overturn the Planning Commission'
s denial of his request for Variance #1974-94.
The applicant is requesting a variance to waive
the development standards for building setbacks, required number of on-
site parking spaces, and residential unit size, to allow the
conversion of a structure built for a maintenance/garage to be used
for a dwelling unit. The subject site is developed with a
seven unit apartment building and a ten space garage structure, and is
located on the east side of Olive street 350 feet north of
La Veta Avenue (421 s. Olive Street). The proposed dwelling
unit is proposed within the double garage space
at the east end of the garage space.2. The
applicant's argument on appeal is as follows:Inasmuch as
the staff informed us that there was no alternative to the
variance that would fit this request, we filed
this variance application. After denial, we appealed this variance to permit
the city Council to consider the same reasons submitted to
the Planning commission. We submit that, if the Council concurs
in this need for housing, conditions and findings can be
imposed to ensure that this proposed apartment will provide
decent, safe and sanitary rental housing. Indeed, we have always used
a standard rental agreement that has
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of orange that Variance 1974-94 be denied for the
following
reasons:1. The basic findings for approval required by state law
cannot be made for this
project.ADOPTED this 13th day of December,
1994.
ATTEST:
orange C~~:~.2 *f~
ge 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 13th of December, 1994 by
the following
vote:
AYES:
NOES:
ABSENT:I\BSTI\
IN:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:MURPHY, BIIRRERA, MI\YOR COONTZ,
SPURGEON
NONE
NONE SLI\
TER .J.:1A /? / .....j~) ~ Q;,AfA1 .P./?"
l/City Clerk of he C' y Gt
Orange Reso No. 8413 SSH:
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AN
UNDIVIDED 1/7TH INTEREST IN LOT 1 TO TRACT No. 1U733: IN THE TY OF ORANGE.
COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED N BOOK 412.
PAGES 42 AND 43 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,EXCEPT
THEREFROM UNITS
1 TO 7 INCLUSIVE SHOWN ANO DEFINED ON THE CONDOMINIUM PLAN RECORDED
IN BOOK 13622, PAGE 931 OF OFFICIAL RECORDS OF SA[o COUNTY.
ALSO EXCEPTING THEREFROM
EXCLUSIVE EASEMENTS TO BE APPURTENANT TO EACN UN[T. DYER
THOSE PORTIONS OF THE PROJECT SHOWN ON THE ABOVE MENT[ONEo CONOOMlllIUM PLAN AS "
EXCLUSIVE USE AREAS" FOR ENTRY, tARPORT, CARS1'AlL AIlO PATIO PURPOSES. BEARING
THE UNIT NUMBER.PARCEL B: UNIT
2 AS SHOWN ANO DEFINED ON THE CONDOMINIUM PLAN ABOYE MENTIONED.PARCEL C:
AN
EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGMT TO OCCUpy) TO BE APPURTEUANT TO SAID
UNIT 2 OVER THE -EXCLUSIVE USE AREAS" SHOW~I ON SAID CDNDOttlNIUM PLAN AS
R2E, R2C.P. R2C,S & R2P FOR ENTRY. CARPORT. CARSTALL AND PAT!~ PURPOS~$.
PARCEL 2:PARCEL
A: AN
UNDIVIDED 1/7TH INTEREST IN LOT 1 OF TRACT No. 10733. IN THE CITY OF ORANGE,
AS PER HAP RECORDED ltl BOOK 472. PAGES 42 AND U OF MISCELLANEOUS MAPS. RECORDS
OF ORANGE COUNTY. CALIFORNIA. .EXCEPT THEREFROH U,
HTS 1 TO 7 INCLUSIVE SHOWN AND DEFINED ON THE COlloOMINIUM PLAII RECORDED
IN BOOK 13622. PAGE 931 OF OFFICIAL RECORDS OF SAID COUtITY.ALSO
EXCEPTING THEREFROM
EXCLuSIVE EASEMENTS TO BE APPURTENANT TO EACH UllIl ,OVER 'jHOSE ,
PORTIONS OF THE PROJECT SHOWtl ON THE ABOVE MENTIONED COIIOOMINIUM PLAN AS "
EXCLUSIVE USE AREAS. FOR ENTRY, CARPORT. CARSTALl AND PA'TlO PURPOSES.
BEARING THE UNIT IIUMBER.PARCEL B: UNIT
3 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN ABOVE MENTIONED.PARCEL C:
AN
EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUpy) TO BE APPURTENANT TO SA[
o UNIT 3 OYER THE .EXCLUSIVE USE AREAS. SHOWN ON SAID CONOOH[NIUM PLAN
AS R3E. R3C.P. R3C.S & R3P FOR ENTRY, CARPORT. CARSTALL AND PATIO PURPOSES.
PARCEL 3:PARCEL
A: AN
UNDIVIDED 1/7TH INTEREST III LOT 1 OF TRACT No. 10733. IN THE CITY OF ORANGE,
AS PER MAP RECORDED IN BOOK 412, PAGES 42 AIlD 43 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY. CALIFORNIA.EXCEPT THEREFROM UNITS
1 TO 7 INCLUSIVE SHOWN AND DEFINED ON TME CONDOMINIUM PLAII RECORDED
IN BOOK 13622. PAGE 931 OF OFFICIAL RECORDS OF SAID COUNTY.ALSO
EXCE~TIIlG
THEREFROM EXCLUSIVE EASEMENTS TO BE APPURTENANT TO EACH UIlIT. OYER THOSE
PORTIONS OF THE rRoJECT SHOWN ON THE ABOVE MENTIONED CONDOHINIUM PLAN AS .
EXCLUSIVE USE AREAS. FOR ENTRY, CARPORT. CARSTALL AND PATIO PURPOSES...BEARING
THE UUIT NUMBER.PARCEL B: UIIIT
4 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN ABOYE MENTIONED.PARCEL C:
AN
EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUpy) TO BE APPURTENANT TO SAID
UNIT 4 OVER THE "EXCLUSIVE USE AREA" SHOWN ON SAID CONDOMltllUH PLAN AS
R4E, R4C.P. R4C.S & R4P FOR ENTRY, CARPORT. CARSTAll AND PATIU PURPOSES.
PARCEL 4: ' ,: i
PARCEL A: AN
UNDIVIDED 1/7TH INTEREST IN LOT 1 OF TRACT No. 10733. IN THE CITY OF ORANGE.
AS PER MAP RECOROEo III ~OOK 472, PAGES 42 AND 43 OF MISCELLANEOUS MAPS, RECOROS
OF ORANGE COUNTY, CALIFORNIA.EXCEPT THEREFROM UNITS
1 TO 7 ItlCLUSIVE SHOWN AND DEFINED 011 THE CoIIDoHltllUM PLAN RECORDED
IN BOOK 13622. PAGE 931 OF OFFICIAL ReCORDS OF SAID CoUtITY.ALSO
EXCEPTltlG THEREFROM
EXCLUSIVE EASEMEIITS TO BE APPURIENANT TO EACH UIlIT. OveR THOSE
PORTlolIS OF THE PROJECT SHOWN ON THE ABOVE MENTIONED CONDOMINIUM PLAN AS "
eXCLUSiVE USE AREAS. fOR ENTRY, CARPORT. CARSTALL AND PATIO' PURPOSES, BEARING
THE UNIT NUMBER.r,J II
l 'i ;i
p
i-,:
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897287326 UNIT
5 AS SHOWN Aim OEFINEO ON THE CONOOMINIUM PLAN ABOVE ARCEL
C: All EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUpy) TO BE APPURTEIIANT
TO SAIO UNIT 5 OVER THE "EXCLUSIVE USE AREAS" SHO\/11 011 SAID COIIDOMINIUfl
PLAN AS R5E, R5C.P, R5C.S & R5P FOR ENTRY. CARPORT. CARSTALL AND
PATIO PURPOSES.PARCEL
5:PARCEL
A: AN UNOIVIDED 1/7TH INTEREST IN LOT 1 OF TRACT No. 10733. IN THE CITY
OF ORANGE, AS PER MAP RECORDED III BOOK 472. PAGES 42 AND 43 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.EXCEPT
THEREFROM UNITS 1 TO 7 INCLUSIVE SHOWN AND DEFINED ON THE CONDOMINIUM
PLAII RECORDED IN BOOK 13622. PAGE 931 OF OFFICIAL RECORDS OF SAID
COUNTY.ALSO
EXCEPTING THEREFROM EXCLUSIVE EASEMENTS TO BE APPURTENANT TO EACH UNIT.
OVER THOSE PORTIONS OF THE PROJECT SHOWN ON THE ABOVE MENTIONED CONDOMINIUM
PLAN AS ."EXCLUSIVE USE AREAS" FOR ENTRY. CARPORT. CARSTALL AND PATIO
PURPOSES, BEARING THE UNIT NUMBER.PARCEL
B: UNIT 6 AS SHOWN AIID DEFINED ON THE CONOOMINIUM PLAN ABOVE MENTIOIIED.
PARCEL
C: AN EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUpy) TO BE APPURTENANT
TO SAID UNIT 6 OVER THE "EXCLUSIVE USE AREAS" SHOWN ON SAID CONDOMINIUM
PLAN AS R6E. R6C.P, R6C.S. R6( FOR ENTRY. CARPORT, CARSTALL AND PATIO
PURPOSES.PARCEL
6:PARCEL
A: All UNDIVIDED 1/7TH INTEREST IN LOT 1 OF TRACT No. 10733. IN THE CITY
OF ORANGE, AS PER MAP RECORDEO Itl BOOK 472. PAGES 42 AND 43 OF MISCELLANEOUS
MAPS. RECORDS OF ORANGE COUNTY, CALIFORNIA.EXCEPT
THEREFROM UNITS 1 TO 7 INCLUSIVE SHOWN AND DEFINED ON THE COIIDOMINIUM
PLAN RECORDED IN BOOK 13622, PAGE 931 OF OFFICIAL RECORDS OF SAID
COUNTY.ALSO
EXCEPTING THEREFROM EXCLUSIVE EASEMENTS TO BE APPURTENANT TO EACH UIIIT,
OVER THOSE PORTIONS OF THE PROJECT SHOWN 011 THE ABOVE MENTIONEO CONDOMINIUM
PLAN AS "EXCLUSIVE USE AREAS" FOR ENTRY. CARPORT. CARSTALL AND PATIO
PURPOSES,.BEARING THE UIIIT NUMBER.PARCEL
B: UNIT 7 AS SHOWN AND OEFINED ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
PARCEL
C: AN EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUpy) TO BE APPURTENANT
TO SAID UNIT 7 OVER THE "EXCLUSIVE USE AREAS" SHOWN ON SAID CONDOMIIIIUM
PLAN AS R7E. R7C.P, R7C.S & R7P FOR ENTRY. CARPORT. CARSTALL AND
PATIO ,PURPOSES.PARCEL
7:p PARCEL
A: AN UNDIVIOEO 1/7TH INTEREST IN LOT 1 OF TRACT No. 10733. IN THE CITY
OF ORANGE, AS PER MAP RECORDED IN BOOK 472. PAGES 42 AIID 43 OF MISCELLANEOUS
MAPS. RECOROS OF ORANGE COUIITY. CALIFORNIA.CONDOMINIUM
PLAN RECORDED III BOOK SAID..
COUNTY .PARCEL
B: UNIT 1 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
PARCEL
C: AN EXCLUSIVE EASEMENT (TOGETHER WITH THE RIGHT TO OCCUPY) TO BE APPURTEIIAIH
TO SAID UNIT 1 OVER THE "EXCLUSIVE USE AREAS" SHOWN ON SAID CONDOMINIUM
PLAN AS R1E. R1C.P. R1C.S & R1P FOR ENTRY. CARPORT, CARSTALL AND
PATIO PURPOSES . .1_ .',_ .... . ".<