RES-8020 Denying Conditional Use Permit No. 1974-92RESOLUTION NO. 8020
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING A CONDITIONAL USE
PERMIT TO ALLOW THE MOVE-ON OF AN
EXISTING STRUCTURE UPON PROPERTY SITUATED AT
222 EAST LA VETA
AVENUE.CONDITIONAL USE PERMIT NO.
1974-92 QUEEN
ANNE HOUSE OLD TOWNE
PRESERVATION
ASSOCIATION RECITALS:After report thereon by city staff and after
due public hearings as required by law to consider a request to
allow the move-on of an existing structure upon property
situated at 222 East La Veta Avenue, the City Council
considered Conditional Use Permit 1974-92 and determined that it
should be denied. Subject property is more
particularly described as follows:Lot 1, Block
2, Nutwood Place Tract During the public hearing, the city
Council found
the facts as follows:1. That the applicant, Old
Towne Preservation Association, is proposing the relocation and restoration
of an existing single story residential structure, commonly known
as the "Queen Anne"house, onto the property located at the
southeast corner of La Veta Avenue and Orange Street (Addressed 222
E. La Veta Avenue).
Requested are the following:1. Conditional Use Permit to allow
the move-on of an existing structure onto
the property from another location.2. Variance application to allow
for a reduction in code required
street side yard building setback.3. Administrative Adjustment
Permit to allow for a reduction in
code required vehicular back-up distance.2. That in 1988, the Queen
Ann was moved from its original location at 154 S. Cypress Street to
be stored at the city's water well site at the
northeast corner of Almond Avenue and Pixley Street, in order
to save the structure from demolition.The Queen Ann house
was potentially eligible for the National Register, however, since it was
moved to a more contemporary site at its present location, it
is no longer eligible. The recent approval of a 15
unit affordable senior citizen housing project by the Planning Commission
necessitates the removal of the Queen Ann
house from the water well property.3. That the applicant is
proposing to relocate the Queen Ann house within 2 weeks of the
City'S approval of this application.The applicant has also
estimated that the placement of the structure on foundation will
and rehabilitation of the structure will take approximately 80 to
240 days. Total project time is approximately one year from City
approval of this application.
4. That the sUbject property (222 E. La Veta Avenue) is a
corner lot approximately 0.15 acres (6,700 sq.ft.) in size, with
50 ft. of street frontage along Orange street and 134 ft. of
street frontage along La Veta Avenue. Current zoning is R-
2-6-RCD (Residential Duplex, Residential Combining
District), which allows for 2 dwelling units on
the site.5. That La Veta Avenue is designated in the City's
Master Plan of streets and Highways as an Augmented Secondary
Arterial with an 80 ft. ultimate right-of-way width. La
Veta Avenue along the length of the subject property is
currently constructed to only 60 ft. in width. The proposed project
will require the northerly 10 ft. of the property along its entire 134
Ft. length to be dedicated for future street
widening purposes. Additionally, the property owner will be responsible for the
cost of
the future street improvements.6. That the property is developed with
an existing single story residence approximately 700 sq. ft. in
size, and a detached garage/storage structure approximately 425 sq.
ft. in size. The existing residence is located 7.5 ft.
from the north property line, 2 ft. from the east property line, and 8
ft. from the south property line. The existing detached
garage/storage structure is setback 4 ft. from the existing residence, and
is proposed to be converted into a two car garage. The
existing drive approach off La Veta Avenue will be widened to 24
ft. to provide vehicular
access to the property.7. That prior to dedication and
street improvement, the Queen Ann house would be located at the westerly
vacant portion of the site, setback 20 ft. from the west front
property line, 8 ft.from the south side property line, and 8
ft. away from the existing detached garage. The existing
bay window along the south building elevation is within 5 ft.
of the south property line, and the bay window along the west
building elevation at the front of the house is considered as
an architectural feature and therefore is permitted by code to encroach 2
ft. into the front yard setback area. The east
rear building elevation will partially be sectioned off and reconstructed
to accommodate for 2 open parking spaces. A 24 ft. vehicular
back up distance is provided directly in back of the
2 open parking spaces.Requested is approval of an
Administrative Adjustment Permit to allow a one ft. reduction in vehicular back
up distance from the 25 ft.
required by City code.8. That the required
street dedication will significantly reduce the size of the property down to only 0.
12 acres (5,310 sq. ft.), and as a result, the structure will
only have a one foot street side yard setback
from the ultimate right-of-way line. The applicant
is concurrently seeking relief from the street dedication requirements on
La Veta Avenue. Attached
correspondence letter from the Department of Public Works
addressing the issue of the right-of-
way dedication.9. That the project was also reviewed by the
Design Review Board on May 6, 1992. The DRB expressed concepts
regarding the potential reduction in the building site area
upon right-of-way dedication. The Design Review Board is of
the opinion that if the dedication is waived, and that the full
ten (10) feet street side yard setback is retained, the
project would be acceptable.NOW, THEREFORE, BE IT RESOLVED by the
City Council of the City of Orange that Conditional Use Permit
1974-92 be
denied for the following reason:1. That the size and mass
of the proposed structure is incompatible with that prevailing
in the vicinity. This is exacerbated by the limited
lot
dimensions of the subject property.ADOPTED this
9th
day of June 1992.ATTEST:
C~~ e ty of Orange 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 9th of June ,
1992,
by
the
following vote:AYES:NOES:ABSENT:COUNCIL
MEMBERS: STEINER, BARRERA,
COONTZ, SPURGEON COUNCIL
MEMBERS: NONE COUNCIL MEMBERS: NONE
ABSTAINED:COUNCIL MEMBER MAYOR BEYER I.a~
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