HomeMy WebLinkAboutPC Reso No 2016-07 (VAR 2016-01)RESOLUTION NO.2016.07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2016-01
TO ALLOW THE 1O'-O'' ENCROACHMENT INTO THE REQUIRED SIDE
YARD SETBACK AT 31191 ILLINOIS (APN: 379-202-016)
WHEREAS, James Lavin (the "Applicant"), filed an application with the City of
Lake Elsinore requesting approval of Variance No. 20'15-01, referred to herein as the
"Pro1ect"; and
WHEREAS, an existing 378 square foot residence located at 31191 lllinois (APN:
379-202-016), currently encroaches 10'-0" into the required side yard setback; and
WHEREAS, the Applicant proposes a 234 square foot addition to the existing
residence; and
WHEREAS, through Variance No. 2016-01, the Applicant requests relief to
exceed the minimum side yard setback for property frontage to public right of way as
set forth in LEMC Section 17.80.080 (b) and
WHEREAS, pursuant to LEMC Chapter 17.172 (Yariances) the Planning
Commission of the City of Lake Elsinore has been delegated with the responsibility of
reviewing and approving, conditionally approving, or denying variances; and
WHEREAS, on January 19,2016, at duly noticed public hearings the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Variance No.2016-01
for the proposed 234 square foot addition which encroaches 10'-0" into the required 1 5'-
0" side yard setback and has found it acceptable.
SECTION 2. The Planning Commission finds and declares that the pro.iect is
exempt from the California Environmental Quality Act (Cal. Publ. Res. Code SS21000 et
seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs SS15000 et seq.),
specifically pursuant to Sectron 15305 Minor Alterations in Land Use Limitations for a
minor lot line adjustments, side yard, and set back variances not resulting in the creation
of any new parcel.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Variance No.
2016-01 .
PLANNING COMMISSION RESOLUTION NO. 2016-07
PAGE 2 OF 4
1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal
Code (LEMC) Section 17.172.050 have been incorporated into the approval of the
variance to ensure development of the property in accord with the objectives of the
General Plan and the purpose of the planning district in which the site is located.
The subject lot has a General Plan Designation of Medium Density Residential
and is zoned R-2, the proposed variance would not diminish the residential nature
of the propefty. The proposed variance would not alter the existing land use.
Adequate Conditions of Approval have been added to ensure the development
of the propefty is in accord with the objectives of the General Plan and the
purpose of the planning district in which the site is located.
2. f f,ere are special circumstances, pursuant to the purpose of Chapter 17.172 of
the LEMC, applicable to the subject property which do not apply generally to other
properties in the neighborhood, and, therefore, granting of the variance shall not
constitute a grant of special privilege inconsistent with the limitations upon other
propertres in the vicinity and district in which the subject property is located.
The subject property was originally subdivided and developed with a 29'-0" width
and does not meet the minimum standards of the R-2 district. Other properties
that were subdivided at the same time were subdivided with a larger property
width and as such the strict application of the Municipal Code would deprive the
property of the same rights as those surrounding them and would not constitute
the granting of a special privilege inconsistent with the limitations on other
propefties.
3. ln approving the variance, any reductions authorized from the strict
interpretation of the zoning ordinance represents the minimum deviation from this code
necessary to fulfill the purpose of this chapter and enable reasonable development of
the property.
Due to the narrow nature of the lot and the required sefbacks, the proposed
variance would allow for development consistenf with the existing residence. The
proposed encroachment represents the minimum variance to ensure that there
is to enable reasonable development of the propefiy in a manner consistent with
the existing residential structure.
SECTION 4. Based upon the evidence presented and the above findings, the
Planning Commission hereby approves Variance No. 2016-01 .
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PLANNING COMMISSION RESOLUTION NO. 2016-07
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED this 19th day of January 2016, by the
following vote:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Senior Planner of the City of Lake Elsinore, California, hereby certify
that Resolution No. 2016-07 as adopted by the Planning Commission of the City of Lake
Elsinore at a regular meeting held on the 19th day of January 2016, and that the same
was adopted by the following vote:
}SS
AYES:
NOES:
ABSTAIN:
ABSENT:
CHAIRMAN JORDAN, COMMISSIONER GRAY,
COMMISSIONER FLEMING
COMMISSIONER RAY
NONE
VICE CHAIR ARMIT
City 6f Lake Elsinore Planning Commission
ATTEST:
Justin K
Justi