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RES-8129 Granting Variance No. 1930-92RESOLUTION NO. 8129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMEN- DATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A VARIANCE TO ALLOW AN tnlENCLOSED PARKING SPACE AND AN ADMINISTRATIVE ADJUSTMENT TO ALLOW A 3.5 FOOT REDUCTION IN THE REQUIRED 20 FOOT REAR YARD SETBACK UPON PROPERTY SITUATED AT 247 SANDPIPER CIRCLE. VARIANCE 1930- 92 ADMINISTRATIVE ADJUSTMENT 92-15 APPLICANT: JAIPAUL SWAMIDASS RECITALS:After report thereon by the Planning commission and after due public hearings as required by law, and after receiving the recommendation from the Planning Commission, recommending, by Resolution Nos. PC 54-92 and PC 55-92, that Variance 1930-92 and Administrative Adjustment 92- 15 be approved to allow an unenclosed parking space and a 3. 5 foot reduction in the required 20 foot rear yard setback. The City Council considered the Planning commission recommendation and granted Variance 1930-92 and Administrative Adjustment 92-15. Subject property is more particularly described as follows:Lot 14 of Tract No. 8745 as per map recorded in Book 385, Pages 37 to 40 inclusive of miscellaneous maps in the Office of the County Recorder of said County.Upon the public hearing, before the City Council, the following facts were established.1. That the applicant is requesting approval of a conditional use permit to allow construction of an accessory second unit in the R-1-6 zone, a variance to allow an unenclosed parking space to be located between the residence and public right of way, and an administrative adjustment permit to allow a 3.5 foot reduction in the required 20 foot rear yard setback. The project site is located at the northeast portion of the Sandpiper Circle cuI de sac, north of Ryals Lane, addressed 247 Sandpiper circle. Orange Municipal Code section 17.10.040 requires final City Council action on all requests for accessory second units. 2. That at their initial pUblic hearing the Planning commission expressed concern with the scale and massing of the project and the potential impact that the proposed unit may have on the adjacent property to the south. Concern was also expressed with regard to the precedent that might be set by allowing parking directly adjacent to the front door between the residence and public right of way, and 3. That at a subsequent public hearing, the Planning Commission reviewed a plan that the applicant redesigned by relocating the accessory second unit from the south side of the residence to the north side and by reducing the unit's height from two to one story. The proposed accessory second unit will have a 636 square foot floor area in conformance with the maximum 640 square foot floor area permitted by Code. Plans indicate that the unit will have a five foot side yard and a 40 foot rear yard in conformance with R-1-6 zone building setback requirements.4. That three enclosed and one open parking space are proposed with this application providing the minimum number of off street parking spaces required by Code. The variance requested concerns the open parking space which is proposed to be located outside the 20 foot front yard setback, between the residence and public right of way. A minimum 36 inches of unobstructed access clearance between open parking space and the building entrance will be provided, in conformance with Fire Department safety standards.5. That also proposed is a substantial addition to the primary residence. This addition includes construction of a family room,interior first floor bedroom, laundry room, and dining room expansion on the first floor. Second floor additions will include a garden room and interior bedroom. All two story portions of the proposed addition to the primary residence conform to R- 1-6 setback requirements.6. That Ground floor construction also includes a new first floor bedroom addition which originally was to be located at the rear of the residence, but has been relocated to the south side of the building, in essentially the same location as the originally proposed two story second unit. Plans indicate that this single story bedroom addition will be set back 5 feet from the south side property line and 16.5 feet from the rear property line in conformance with Orange Municipal Code requirements for single story structures. The south side bedroom addition will also be provided with a second story deck located directly over the bedroom. A 20 foot rear yard setback is required for this two story deck structure. To allow the deck to encroach 3.5 feet into the required 20 foot rear yard setback, approval of an administrative adjustment permit is required.7. That the Planning Commission recommended approval of Conditional Use Permit 1971- 92, Variance 1930-92 and Administra-tive Adjustment Permit 92- 15. It was the Planning Commission's opinion that the redesigned project mitigates initial concerns regarding the scale and massing of the project and impact on adjacent property. Off street parking provided is adequate to support the potential parking needed for the project. Due to the unique property configuration, the only reasonable location for the required open parking space is outside the front door as proposed. Consequently, approval of the applicant's variance request is justified in this circumstance and does not constitute the granting of a special privilege inconsistent other R-1-6 zone property.the south bedroom addition to have significant impact landscaping which provides The second story deck located over to the residence, is not anticipated to adjacent property due to existing adequate screening of the site.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Variance 1930- 92 and Administrative Adjustment 92-15 be granted for the following reasons:1. Conditions have been included assuring that the adjustment granted by approval of the proposed variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity.2. Special circumstances exist at the project site where the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The proposed accessory second unit will not cause deterioration of bordering land use or create special problems for the area.BE IT FURTHER RESOLVED that Variance 1930-92 and Administrative Adjustment 92- 15 be granted subject to the following conditions:1. That the accessory second dwelling unit shall be constructed in substantial compliance with plans approved by the Planning Commission and City Council, and floor area shall not exceed a maximum of 640 sq. ft.2. That roof materials, siding, colors and windows match the existing structure.CODE REQUIREMENTS:That either the existing single family dwelling unit, or the accessory second unit shall be occupied by the owner of both units. No additional independent living units shall be provided on site.The owner shall record an agreement with the Orange County Recorder's Office, approved in form by the Community Development Department and City Attorney, which shall set forth the requirements of Code section 17.10.040 in addition to other conditions of approval imposed by the Planning Commission or the City Council. A copy of this recorded agreement shall be submitted for inclusion in this file prior to building occupancy.That the accessory second land area surrounding the from the existing primary may be rented.dwelling unit or the contiguous unit shall not be sold separately residence, but said All structures shall comply with the requirements of Municipal Code Chapter 15.52 (Building Security Standards, Ord. 7-79), which relates to hardware, doors, windows,lighting, etc. Approved structural drawings shall include sections of the security code that apply. Specifications,details, or security notes may be used to convey the compliance. This will be reviewed in a plan check by the Crime Prevention Bureau prior to building permit approval.An illuminated address of four inches in height is required,shall be contrasting in color to the background and visible to approaching vehicles and located at the front entry door area.The accessory second unit shall be assigned a new address number.Payment of a TSIP fee as required by City Ordinance.If not utilized, Conditional Use Permit 1971- 92, Variance 1930-92, and Administrative Adjustment 92- 15 will expire two years from the approval date.ADOPTED this 12thth day of January 1993.ATTEST: Ci::~{:;dt~~f~:::;e 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 12th of January , 1993, by the following vote:AYES: NOES:ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS:COUNCIL MEMBERS:NONE SPURGEON, STEINER, MAYOR BEYER, BARRERA,COONTZ NONE City Clerk th ci of Orange Reso No.