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HomeMy WebLinkAbout76-105REL:nr 8-19-76 RESOLUTION NO. 76-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 76-38, DENYING SAID VARIANCE APPLICATION, AND DENYING APPEAL NO. 368 PILED THEREON BY CLASSIC DEVELOP- MENT CORPORATION WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on August 16, 1976, on Appeal No. 368 filed by Classic Development Corporation in opposition to the Planning Commission's denial of Variance Application No. 76-38; NOW, THEREFORE, BE IT RESOLVED that based on such public hearing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Ana does hereby affirm the action of the Planning Commission on Variance Application No. 76-38, deny said Variance Application, and deny Appeal No. 368 filed thereon. BE IT FURTHER RESOLVED that the City Council hereby a- dopts as its finding of fact for denial of Variance Application No. 76-38 that "Finding of Fact, Variance Application No. 76-38" prepared and submitted by the Planning Commission, attached hereto. ADOPTED, this by the following vote: 7th day of September , 1976, AYES: COUNCILMEN: Ward, Brandt, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Bricken ABSTAINED: COUNCILMEN: Garthe, Evans ATTEST: Ortiz, Yamamoto CLERK OF THE COUNCIL APPROVED AS TO FORM: FINDING OF FACT VARIANCE APPLICATION NO. 76-38 REPORT DATE Staff: 7/21/76 Commission: 7/26/76 APPLICANT: Classic Development Corporation ADDRESS & ZONING: 3006 South Thornton Street R 1 District AP 412-272-6 SDM 26-5-10 VA PURPOSE: To allow an extension of oneyear for a residential tract sales office ih the R 1 District. STAFF RECOMMENDATION: Approval COMMISSION ACTION & VOTE: Denied AYES: Commissioners Yates, O'Deil, Ankrum, Griset, Acosta, Gosse NOES: Commissioner Winters ABSENT: Commissioners None REASON FOR ACTION: If the use is continued it would create an unusual hardship on adjacent land owners. DETAILS OF PROPOSAL: 1. Description of Proposal: The applicant proposes to continue using a residential tract sales office, including four model homes built in conjunction with Tract #8462, for the sale of homes in Tract #8200,. which is located to the immediate west of Tract #8462. Chapter 41, Section 41-232(d), of the Santa Ana Municipal Code provides for: "One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year." in the R 1 District. The existing tract sales office and model homes were established under this provision in January, 1975, and should have been terminated in January, 1976. The applicants, however, did not remove the tract sales office and are now re-~ questing that it be permitted to remain for an additional year. 2. Area Description: A. Property: Four single family residential lots, each containing approxi- mately 6,000 sq.ft., and located on the cul-de-sac of Thornton Street. B. Surrounding Development: Single family residences to the west, east and south. A City park is located to the north across Segerstrom Avenue. C. Street System: Thornton Street is a local street. D. Comparable Applications or Circumstances: None in the immediate area. E. Surrounding Zoning: See attached SDIt. F. Present Use: Residential tract sales office including four model homes. VA 76-38 Page 1 VA 76-38 Classic Development Corporation 3. General Plan Compatibility: The General Plan designates the area for low density residential. 4. Staff Evaluation: After contacting the applicant, the following facts with regards to the status of the tract sales office were established by staff. A. The tract sal~s office and model homes will only be used for the sale of homes in Tract #8200. Tract #8200 is located to the immediate west of Tract #8462 and the present location of the sales office would appear to be within a reasonable distance of the homes for sale in Tract #8200. C. There are only 14 unsold homes left in Tract #8200. Based on the above facts, staff feels that it would be unreasonable to re- quire the applicant to move the tract sales office from Tract #8462 to Tract #8200, due to its proximity and the fact that only 14 homes remain to be sold. Therefore, staff would recommend approval of the applicant's. request, with the stipulation that the extension be for a 6-month period only unless extended by staff for an additional 6 months. 5. Reasons for Staff Recommendation: e e The tract sales office will be only used for the sale of 14 unsold homes in Tract #8200, which is located to the immediate west of the subject tract and is in close proximity to the sales office. If the Commission approves the application, the following standard require- ments must be met: No standard requirements for either Planning or Public Works Departments. The following requirements shall be met: A® Planning l) That the use be approved for a period not exceeding six {6) months, at which time staff will review the status of unsold homes in Tract #8200. If deemed appropriate, staff may extend the variance for an additional six {6} months; however, in no case may the variance be allowed beyond a one (1.} year period from date of approval by the City Council. 2) That the tract sales office be used exclusively for the sale of the 14 remaining unsold homes in Tract #8200, and that no other retail type sales of carpeting, drapes, etc., be allowed. B. Police Department l) Exterior doors be equipped with single cylinder deadbolt locks with a minimum one inch bolt with a hardened steel insert and hardened steel rotating slanted cylinder guards. The strike plate shall be a minimum of four inches in length and attached with three-inch screws. 2) Glass sliding doors be constructed tn restrict them from being lifted out of the track when closed and shall be secured with an auxiliary locking device. VA 76-38 Page 2 VA 76-38 Classic Development Corporation Glass sliding windows be constructed to restrict them from being lifted out of the track when closed and be secured with an auxiliary locking device. 4) Overhead garage doors be secured with a hasp on opposing edges of the exterior of the door. COMPLIANCE WITH C.E.Q,A. PROCEDURES: Negative Declaration mt EVERETT WINTERS, CHAIRMAN PLANNING COMMISSION VA 76-38 Page 3 RI:PRD AVE. RI-laRD I. ZONING DISTRICT