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HomeMy WebLinkAboutFindings of resolution of approal for variance. G.E.M. Investment Properties, LLC 1207 N. East Street Anaheim, CA 92805 Nancy Huynh, Principal Planner City of Lake Elsinore (951) 674-3124 ext. 924 RE: Request for a Staff Determination or Landscaping Variance (Rome Hill PA 2021-19) Dear Mrs. Huynh, Thank you for your assistance with our project submittal with the City of Lake Elsinore. Per our discussion, we are formally requesting staff’s assistance with a determination per the city’s Municipal code as it related to the setbacks, section 17.132.070 where the City Council may allow a 10- foot reduction in the setback requirements to parking areas where e enhanced public amenities or similar outstanding design features are provided. Since the code discusses that there should be no less than a 15 feet setback, and we provided a 6-foot setback, this code could be applied to our project with a requirement of at least 5 feet per the code section above. Our project is providing a public amenity above and beyond for offsite improvements when it comes to the access road construction. Projects are typically conditioned for ½ plus 12 feet in construction of a roadway segment, and we are constructing the entire improvement along this access road, providing a public improvement above and beyond the normal requirements of such a project. Municipal code 17.132.070 allows staff to reduce the setback requirements, and can present these findings to the City Council during the approval process of our project, and would greatly be appreciated. In the event that staff does not believe we comply with this municipal code findings, then as a result we would then request a formal landscaping variance on our application PA 2021-19. Ordinance 17.415.080 specifically states: “Purpose. The City realizes that under certain circumstances an applicant while attempting to comply with provisions of the zoning ordinance as strictly interpreted may, because of certain physical conditions related to the site, such as size, shape, dimensions, topography,.or unique setting, experience practical difficulties and/or unnecessary physical hardships which are inconsistent with the ordinance’s intended purposes. This section, therefore, is intended to provide a mechanism whereby the approving authority may grant relief from the applicable provisions of this code, where such relief pursuant to LEMC 17.415.090 is not available. The ability to grant variances shall not, however, extend to use regulations or to public safety regulations because such authority is precluded by other local ordinances or State law. Also, in no case shall cost to the applicant of strict or literal compliance with a regulation be the primary reason for granting of a variance.” FINDINGS: 1. That adequate conditions and safeguards pursuant to subsection (E) of this section 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. Acknowledged 2. That there are special circumstances, pursuant to the purpose of this section, 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 variance requested is based on the property’s unique setting per Section 17.415.080.A. The subject property is the only City property within the Lakeland Village community of the County of Riverside jurisdiction. The properties fronting Grand Avenue to the adjacent north and south do not require a landscape setback or any setback within current County codes and can be seen from the exhibits below. A six-foot landscape setback will still be observed and will be provided above the surrounding businesses that were approved by the County of Riverside. Our setback being provided will also be planted with broad leaf trees every 30 lineal feet to reduce visual impacts of the property, capture carcinogens from Grand Avenue and provide an aesthetically pleasing landscape canopy along Grand Avenue that other businesses have not provided. Therefore, we are planning to build above the subject properties in the area, and provide a setback not applied to the surrounding neighborhoods There are also known cultural resources near the property, an active fault line and a sewer trunk line that crosses the subject property. Therefore, limiting the buildable space, making it impossible to accommodate the 15’ setback off of Grand Avenue without affecting these sensitive areas. 3. That in 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 section and enable reasonable development of the property. Because of the requested 9-foot street right-of-way dedication from the County, the original 15 ’landscape setback is forced to be 6 ’maximum. 4. Granting of the variance or minor exception will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The variance requested is based on the property’s unique setting per Section 17.415.080.A. The subject property is the only City property within the Lakeland Village community of the County of Riverside. The properties fronting Grand Avenue to the adjacent north and south do not require a landscape setback or any setback within current County codes. See exhibits below. Little to no landscaping exists within the front yards (on and offsite) setbacks within the surrounding areas along Grand Avenue. Findings and Exhibits: https://planning.rctlma.org/sites/g/files/aldnop416/files/migrated/Portals -14-genplan- general-plan-2016-elements-Ch04-Circulation-120815.pdf Grand Ave originally an 80 ’ROW, west side 15 ’dedication, north side 10 ’dedication (105 ’exists); requires a 118 ’ROW (59 ’on both sides). 4 ’dedication required on west side and 9 ’dedication required on east side. Only City property in Lakeland Village Adjacent County Zoning include C-1/C-P to the north and R-D to the south. https://planning.rctlma.org/sites/g/files/aldnop416/files/2024- 01/CZ2100118_CurrentZoning_20230830.pdf R-D Zone: No Development Standards https://planning.rctlma.org/sites/g/files/aldnop416/files/2023-06/Ord348-04-28-2023- FINAL.pdf C-1/C-P Zone: No minimum setback for structures less than 35 feet in height Aerial of existing landscape fronting Grand Ave adjacent to the property: