HomeMy WebLinkAboutPC Reso No 2017-73 (Andrew Read, VAR)RESOLUTTON NO.2017-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELS|NORE, CALTFORNTA APPROVING PLANNING APPLICATION NO. 2017-49
(VARTANCE NO. 2017-06) TO ENCROACH FOUR FEET INTO THE REQUIRED TEN
FOOT REAR YARD SETBACK FOR AN APPROXIMATELY 363 SQUARE FOOT
DETACHED SOLAR INTEGRATED PATIO COVER LOCATED AT 325'12
SPRUCEWOOD WAY (APN: 363-581-007)
Whereas, Andrew Read, Voltage River has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No.2017-49 (Variance No.2017-06) to
encroach 4-0" into the required '10'-0" rear yard setback for an existing detached approximately
363 sq. ft. solar integrated patio cover (Project). The Project is located northerly of Lost Road and
easterly of Canyon Hills Drive within the Canyon Hills Specific Plan (CHSP) more specifically
referred to as 32512 Sprucewood Way. (APN: 363-581-007); and,
Whereas, Variance No. 2017-06 is requesting to encroach 4 -0" into the required 10'-0" rear yard
setback for an existing detached approximately 363 sq. ft. solar integrated patio cover as set forth
in Section 8.3d.8.2 of the CHSP, Amendment No. 2 (CHSP#2); and,
Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 17 .172 (Variances), the
Planning Commission (Commission) of the City has been delegated with the responsibility of
reviewing and approving, conditionally approving, or denying variances; and,
Whereas, on October 3, 2017, at 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 l: The Commission has considered Variance No. 2017-06 requesting to encroach 4'-0"
into the required 10 -0" rear yard setback 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 $$21000 et seq.:"CEQA") and CEQA Guidelines
(14. Cal. Code Regs SS15000 et seq.), pursuant to Section 15305 (Class 5: Minor Alterations in
Land Use Limitations). Class 5 consists of minor alterations in land use limitations in areas with
an average slope of less than 20%, which do not result in any changes in land use or density,
including but not limited to: (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 LEMC, the Commission makes the following findings for
the approval of Planning Application No. 2017-49 (Variance No. 2017-06):
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 (GP) and the purpose of the planning district
in which the site is located.
The Project is located within Planning Area 11 (Detached Residential) of the CHSP,
PC Reso. No. 2017-73
Page 2 of 3
Amendment No. 2 (CHSP#2) and is designated Single-Family Detached Residential
(SF3). 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 GP and the CHSP#2.
2. There 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 properties in the vicinity and
district in which the subject property is located.
The proposed accessory structure serves a dual purpose as a solar electric system and a
patio cover. ln order for the solar sysfem lo work properly, the structure needs to be
located away from obstructions ard shades. The main house is located south of the
structure, which means that the home will cast a shadow tvvo times its height. S,nce fhe
house r.s a two-story house, it will cast a latger shadow. The only place that the structure
can be located for the system to work is properly is the on the northern end of the property,
near the rear property line. The Project site has an irregular shaped lot. The Project's
nofthern propefty line is adjacent to an open space. Due the physical constraints of this
open space, the rear propefty line is not a typical straight line and dips into an angle. While
the western edge of the patio cover has a setback of 14-0", the eastern edge is only
setback 6'-0" from the propefiy line. This is the special circumstance applicable to this
Proiect. The granting of the variance will not constitute granting of a special privilege to
this lot but will allow the detached patio cover to be permitted. The variance is the minimum
deviation to enable reasonable development of the property.
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 detached 363 sq. ft. solar patio cover to be placed
at the rear half of the lot. The proposed variance represenfs the minimum deviation
necessary to enable reasonable development of the propefty.
Section 4: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby approves Planning Application No.
2017 -49 (Variance No. 2017-06).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 3d day of October, 2017, by the following vote.
PC Reso. No. 2017-73
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
SS.
l, Justin Kirk, Principal Planner of the city of Lake Elsinore, california, hereby certify that
Resolution No. 2017-73 was adopted by the Planning Commission of the City of Lake Elsinore,
california, at a Regular meeting held of october 3,2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Carroll, Vice-Chair Ross; and, Chairman Gray
None
Commissioner Armit and Commissioner Klaarenbeek
None