RES-7833 Granting Variance No. 1905-91RESOLUTION NO. 7833
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE OVERRULING THE DECISION OF
THE ZONING ADMINISTRATOR OF THE CITY OF
ORANGE UPHOLDING APPEAL AND GRANTING A
VARIANCE TO ALLOW A SIDE YARD WALL TO
EXCEED FORTY-TWO INCH MAXIMUM
HEIGHT LIMITATION AT 4050 W. CHAPMAN AVENUE,
ON THE SOUTHWEST CORNER OF CHAPMAN
AVENUE AND LEWIS
STREET.APPLICANT: HOF'S HUT
RESTAURANT VARIANCE NO.
1905-91 APPEAL
NO.
387 RECITALS:After filing of Appeal No. 387, report by the
Director of community Development and after due public hearing as
required by law, the city Council reviewed the action of
the Zoning Administrator denying Variance No. 1905-91 to allow
a side yard wall to exceed the forty-two inch
height limitation and overruled that decision and determined that Variance
No.
387 should be granted.The city council
determined the following facts:1. The subject site is
a rectangular shaped property containing a leased parcel of approximately 1.01
acres in size, and an additional .35 acre area, also leased,
located on the southeast corner of Chapman Avenue and Lewis Street.
The address is 4050 West Chapman Avenue. A map showing the
precise location of the subject site is attached
hereto as Exhibit "A".2. The property is zoned
C-2 (General Business District)with a General Plan Land
Use Designation of General commercial.3. The site is surrounded by a
fast food restaurant and gas service station zoned C-1
to the north and northwest respectively,a church within the City of
Garden Grove to the west, mUlti-family residential structures to the
south zoned C-2 (with a land use designation of
Medium Density Residential by the city's General Plan), and
an office building to the east zoned C-2.4. Access
to the site is via Chapman Avenue and Lewis Street. Chapman
Avenue is defined by the City's General Plan Circulation
Element as a primary arterial street, built to its ultimate planned width
of 100 feet. Lewis Street is defined as a secondary arterial,
built to its ultimate planned width of 80 feet.
The intersection of Chapman Avenue and Lewis Street is designated as
a critical intersection by the city's General Plan.A
critical intersection is defined as an intersection where an increased
number of lanes are required/provided to increase overall
system capacity. Additional right-of-way will be
5. The application's leased corner property is currently
developed with a 5,830 square foot restaurant constructed in 1972,
and a permitted non-conforming 1,250 square foot dining
patio enclosed by a 3 foot high wrought iron fence
subsequently constructed in 1981. The site contains a landscaped parking
area which provides one hundred and one parking spaces,
adequately addressing code parking
requirements.6. The applicant proposes to erect a 6 foot high
wall replacing the existing fence which encloses the dining patio
along the west side of the restaurant. The proposed wall will be
set back 4 feet from the west property line and 10 feet from the
north property line, and will be located outside the intersection's
25 foot sight triangle. On the submitted plans, the wall is
detailed as a 3 foot high stucco-finished masonry wall with a
glass screen wall extending an additional 3 feet to reach a total height
of 6 feet. The glass screen would be supported by 4 inch
square posts spaced 4 feet on center. In addition, the applicant
proposes to install light fixtures on the top of the posts, 16 feet
on center.7. At a public hearing held on April 11, 1991,
the Zoning Administrator denied the application for Variance
1905-91. The Zoning Administrator held that the applicant'
s request, if approved, would constitute a granting of a
special privilege and that state law requires that no variance be
granted which would have the effect of granting a special privilege not
shared by other property in the same
vicinity and zone.The city council carefully reviewed the decision
of the Zoning Administrator to deny Variance No. 1905-91
and the
stated reason for same.Orange Municipal Code section
17.92.020 states:1. That any variance granted shall
be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a
grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which
subject property is situated:2. That because of
special circumstances applicable to subject property, including
size, shape, topography, location or surroundings, the strict
application of the zoning ordinance is found to deprive
subject property of privileges enjoyed by other properties in
the vicinity and
under identical zone classifications.The city council determined
that special circumstances applied in this matter which reasonably entitle
the applicant to the requested variances in that the location of
the restaurant at the intersection of major streets with the
consequent noxious fumes and traffic noise make some
reasonable mitigation necessary for applicant to have the benefits enjoyed by
other properties in the vicinity. The variance proposed by the
applicant is not unreason-able under these circumstances. The
granting of this variance shall not constitute the granting
of a special privilege.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city
of Orange that Appeal No. 387 be upheld and Variance No. 1905-91
be granted subject to the following
conditions:1. Variance 1905-91 shall apply only to the
proposed wall described in this application and shall become void should
the wall be significantly altered or removed at some
further date.2. That the proposed wall shall be
aesthetically compatible with the existing structure, as detailed on the
submitted plans.3. That the existing external access to patio, as
shown on the plans,
be maintained.ADOPTED this 18th day of
June
1991.ATTEST:City CI k o~ city
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 18th day
of June ,1991, by the
following vote:AYES: COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER,
COONTZ, SPURGEON NOES: COUNCIL
MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: NONE
0t-,~~ 9~City Cle of &le ~ty
of Orange GRMjdg 3-Reso