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HomeMy WebLinkAboutPC Reso No 2017-35 (VAR)RESOLUTION NO. 2017.35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2017.02 TO VARY FROM THE MINIMUM LOT SIZE REQUIREMENT OF THE ZONE FROM 6,000 SQUARE FOOT TO 5,OOO SQUARE FOOT Whereas, Marcos Figueroa has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-09 (Residential Design Review No. 2017- 04 and Variance No. 2017-02) to construct a 1 ,529 Square Foot (SF) single-family residence with a 438 SF attached garage and to vary from the mlnimum lot size. requirement of the zone from 6,000 SF to 5,000 SF (Project). The Project is located on the northwesterly side of lllinois Street, northerly of Lehr Drive, and southerly of Lakeshore Drive and more specifically referred to as Assessor Parcel Number 379-202-013; and, Whereas, Variance No. 2017-02 is requesting to vary from the minimum lot size requirement of the zone from 6,000 SF to 5,000 SF as set forth in the Lake Elsinore Municipal Code (LEMC), Section 1 7 76 060 (a); and, Whereas, pursuant to the LEMC Chapter 17.172 (V atiances), the Planning Commission (Commission) of the City of Lake Elsinore (City) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying variances; and, Whereas, on May 16, 2017 , al duly noticed Public Hearing the 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 Commission has considered Variance No. 2017-02 requesting to vary from the minimum lot size requirement of the zone from 6,000 SF to 5,000 SF and has found it acceptable. Section 2. The Commission finds and declares that the Project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code SS21000 et seq.:"CEQA") and CEQA Guidelines (14. Cal. Code Regs SS15000 et seq.), specifically pursuant to Section 15303 (C/ass 3 - New Construction or Conversion of Small Structures). Class 3 consists of constructron and location of limited numbers of new, small facilities or structures: (a) One singleJamily residence, or a second dwelling unit in a residential zone. The Project is proposing to construct a 1,529 SF single-family residence with a 438 SF attached garage on a lot that has a Medium Density Residential (R-2) Zoning designation. Section 3. That in accordance with the LEMC, the Commission makes the following findings for the approval of Planning Application No. 2017-09 (Variance No. 2017-02). 1. Adequate conditions and safeguards pursuant to 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 PC Reso. No. 2017-35 Page 2 of 3 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 that the development of the propefty is in accord with the objectives of the General Plan and the purpose of the planning district in which it is located. 2. There are special circumstances, pursuant to the purpose of Chapter 1 7.1 72 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 properties in the vicinity and district in which the subject property is located. The lot in question is a previously subdivided legal lot. Other propefiies surrounding the Project site have been subdivided with the same size and shape as the lot in question and have been developed with single-family res/dences. The strict application of the zoning ordinance will prevent the subject property from enjoying the same rights as the surrounding properties. The granting of the variance will not constitute granting of a special privilege to this lot. The variance will allow the lot to be developed in a similar fashion as the surrounding 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. The proposed variance would allow the lot to be developed with a singleiamily residence conslsfenf with the other existing lots located adjacent to the Project area. The proposed variance represents the minimum deviation necessary to enable reasonable development of the propefty in a manner conslsfen, with the existing single family residences in the are a. Section 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Commission hereby approves Planning Application No. 2017-09 (Variance No. 2017-O2). Section 5. This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16th day of May, 2017. Adam Armit, Chairman Justin PC Reso. No. 201 7-35 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-35 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting on May 16,2017, and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek, and Chairman Armit NOES: None ABSTAIN: None ABSENT: Vice-ChairGray SS, Justin