Minutes 1978-08-17MINUTES OF A REGULAR MEETING OF
THE CYPRESS PLANNING COMMISSION
HELD
August 17, 1978
The regular meeting of the Cypress Planning Commission was called
to order at 6.43 p m on Thursday August 17 1978 in the Cypress
City Council Chambers, 5275 Orange Avenue, Cypress, California,
Chairman Robert Van Allen presiding
PRESENT Commissioners Adler, Friedmann Mullen Partin
and Van Allen
ABSENT None
Also present were Planning Director Brian Hawley, Public Works
Director Art Schatzeder Assistant Planner Don Lamm and Attorney
Tom Clark
PLEDGE OF ALLEGIANCE. Commissioner Mullen led the pledge to the
flag
The Planning Director requested that the minutes of August 3 be
added to the agenda and an item under Administrative Matters re-
garding an Interpretation of Section 12 4 of the Zoning Ordinance
The Chairman added the items to the agenda
MINUTES•
It was moved by Commissioner Partin, seconded by Commissioner
Adler and unanimously carried to approve the minutes of July 20
It was moved by Commissioner Friedmann seconded by Commissioner
Mullen and unanimously carried to approve the minutes of August 3
ORAL COMMUNICATIONS Chairman Van Allen asked if anyone wished to
speak in regard to any matter not on the agenda No one wished to
speak
ADMINISTRATIVE MATTERS
1. Request for Interpretation of Section 12 4 of Zoning Ordinance
California Conservation Corps
The Planning Director reported that staff received a letter from
Dr James Beckman, Chief Facilities and Procurement California
Conservation Corps, which outlined the functions and purpose of the
Corps and their interest in leasing Landell School which will be
put out to bid on August 30 for alternate uses He reported school
properties are located in the PS Zone and that zone does not speci-
fically authorize uses of the type outlined in Dr Beckman's letter
Section 12 4 2 J of the Zoning Ordinance lists public buildings and
grounds as being uses permitted in the PS Zone subject to a C U P
The Commission was requested to determine whether the California
Conservation Corps can be interpreted as a permitted use in accor-
dance with Section 12.4.2 J
Dr Beckman elaborated on his letter of August 9 He reported the
Corps is a Sunset Law operation which will go out of existence in
1980 if the legislature decides to discontinue the program He
reported they received $6 4 million in Federal funds this year and
by 1980 they should receive $30 million He reported on the organ-
ization of the Corps and reported there are 15 centers and one
training academy in operation in California Each center has about
60 Corpsmembers and 13 staff Eight more centers were authorized
to open this fiscal year
Planning Commission Minutes August 17, 1978
Dr Beckman reported the Cypress center would probably be the only
one in Orange County It would provide a residential, 24-hour per
day 7 -day per week program for 60 corpsmembers who range in age
from 18 to 20, 2/3 are male, and who represent a broad ethnic mix
None are in a probationary or legal hold position They are con-
tinually supervised by 10 staff most of whom have had extensive
youth experience. Dr Beckman reported the program is not a drug
program CYA program, or convict rehabilitation program It is
designed to help youths who do not have better options available
at that point in their lives He reported corpsmembers are selected
through the State Employment Development Department Criteria for
membership are they must be between 18 and 20 California residents
and not in a legal hold position Membership is voluntary, and for
a one year period After a year they may remain for another year
and then become specialists They are paid the Federal minimum wage
He stated the program offers the potential of employment in State
service
Dr Beckman reported there are three components to the Corps program
40 hours or more per week are devoted to public service conservation
work for the state, county cities or school districts which can
include the rehabilitation of older dwellings, building or maintaining
neighborhood parks and cleaning up after storms The State has
requested the Corps service in conservation projects at Bolsa Chica
and in upper Newport Bay He reported most of their mayor projects
are about one hour's drive away from the center The second aspect
is job skill training at the center which occurs during evenings and
on week -ends and can include training at local junior colleges or
through adult education The third component is that corpsmembers
are emergency trained by the California Department of Forrestry
and the State Office of Emergency Services He stated they are in
the process of being certified for search and rescue missions In
the past the Corps has helped with mudslides, flooding and fighting
forest fires
The Planning Director stated that, based on the description of the
activities, the Corps program can be interpreted under Section
12 4 2 K, as well as J
Dr Beckman responded to questions on the Corps activities from the
Commission He described the training and recruitment of corps -
members, operational procedures and supervision in the center and
the Corps' interaction with other government agencies and public
groups He reported on their conversion plans for the Landell
School Dr Beckman stated most of the time consists of planned
activities He stated some disciplinary problems can be cause for
immediate termination from the program
Chairman Van Allen announced that it was time to conduct the public
hearings He opened the following hearings and continued them
until after this item
PUBLIC HEARING RE ZONE CHANGE NO 78-8 - WALKER STREET
PUBLIC HEARING RE. PREANNEXATION ZONE CHANGE NO 78-9 -
GAY STREET
PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 78-17 -
LINDBORG-DAHL INVESTORS, INC
PUBLIC HEARING RE VARIANCE NO 78-1 - MR $ MRS EDWARD
E JACKS, JR
Dr Beckman further described the type of projects the Corps is
involved in He reported they charge cities for work performed
if they must remain on a job overnight He stated he would be
willing to stipulate to having a maximum of 65 corpsmembers at
the Cypress center
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Planning Commission Minutes August 17 1978
It was moved by Commissioner Friedmann and seconded by Commissioner
Partin to make the interpretation that Section 12 4 2 (J) and (K)
of the Zoning Ordinance would provide for the establishment of a
center for the California Conservation Corps subject to the granting
of a conditional use permit
Chairman Van Allen asked if anyone in the audience wished to speak
on this matter No one wished to speak
Commissioner Adler stated he did not support the motion because
he did not feel the Conservation Center was a public or semi-public
use He also felt it would require more space, being so close to
a residential area
The motion carried with Commissioner Adler voting no
Commissioner Mullen requested that staff send out press releases
to major newspapers in the area publicizing the hearing on the
Conservation Corps in order to get broad community input on the
proposal for a center He also requested a staff report regarding
other cities' experience with such centers
RECESS Chairman Van Allen called a recess at 8.05 p m The meeting
was called back to order at 8 15 p m with all Commissioners present
'ORAL COMMUNICATIONS: The Chairman asked if anyone wished to speak
in regard to any matter not on the agenda No one wished to speak.
PUBLIC HEARING RE ZONE CHANGE NO 78-8 - WALKER STREET Chairman
Van Allen announced that this was the time and place for the public
hearing to consider a proposal to rezone various lots fronting along
Walker Street, generally located between Lincoln Avenue aiid Karen
Street He opened the hearing and asked for the staff report
The Planning Director presented Staff Report #78-33 dated August 8
which indicated the rezoning application was initiated by the City
Council following their approval of General Plan Amendment #78-5
which changed the land use designation of various parcels along
Walker Street between Lincoln Avenue and Karen Avenue The proposed
rezoning would change the parcels currently designated CN (Commercial
Neighborhood) to CG -10,000 (Commercial General), three parcels
located on the east side of Walker between Newman and Karen from
RS -6000 to CG -10 000, and an acreage -size parcel on the west side
of Walker opposite Newman from RS -6000 to RM -20/A The Planning
Director reported that while RM -20/A is the only multiple -family
zoning classification, any multiple -family development would be
subject to a C U P and also subject to the General Plan designation
limitation of 13 units/acre
Chairman Van Allen asked if anyone wished to speak in support or
in opposition to Zone Change #78-8 No one wished to speak.
Commissioner Mullen stated zoning of the area was discussed in depth
during the General Plan Amendment hearings and the rezoning was
basically bringing the zoning into conformance with the General Plan
and he supported staff's recommendations
It was moved by Commissioner Mullen and seconded by Commissioner
Friedmann to approve Zone Change #78-8 The motion unanimously
carried by the following roll call vote
AYES 5 COMMISSIONERS. Adler Friedmann, Mullen, Partin
$ Van Allen
NOES 0 COMMISSIONERS None
ABSENT 0 COMMISSIONERS None
Chairman Van Allen closed the public hearing
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Planning Commission Minutes August 17. 1978
PUBLIC HEARING RE. PRE -ANNEXATION ZONE CHANGE NO 78-9 - GAY STREET
The Chairman announced that this was the time and place for the
public hearing to consider a proposal for the appropriate zoning of
approximately 2 75 acres of existing County Agriculture A-1 zoned
property He opened the hearing and asked for the staff report
The Planning Director presented Staff Report #78-32 dated August 3
and he presented slides of the subject property and the area along
Gay Street The City Council initiated the application at their
June 26, 1978 meeting in response to a request from Mr Ted Cramer,
8182 Gay Street Mr Cramer indicated a preference for RS -6000
Zoning and agreed to annex the property to the City if such zoning
is granted The Planning Director indicated that two additional
parcels owned by Mr Cramer and a portion of the Pacific Electric
Railroad right of way have been included in the application to
provide for logical annexation boundaries The Planning Director
reviewed staff's justification for recommending RS -15 000 Low Den-
sity Residential Zoning for the subject property and other properties
along Gay Street
Chairman Van Allen asked if anyone wished to speak in support of
the application
Mr Ted Cramer, 8182 Gay Street, Cypress, stated he is requesting
pre -annexation zoning of RS -6000. He reported there is a four -lot
split on his property. He stated he would like to annex to the
City because he prefers the quick response of the Cypress Police
Department over the County Sheriff's Department and because he is
tired of living in the County
Mr Carl Erickson, 5832 Crestview, La Palma, representing Walker
and Lee, stated single-family residential development surrounds the
subject property and the application would not prevent persons from
continuing to use the iailroad right-of-way for horse riding He
felt no traffic congestion problems have been created by the recent
single-family tract which exits onto one residential street He
felt the difference in traffic generated by seven lots under RS -6000
zoning and six lots under RS -15,000 zoning would be small He felt
RS -6000 homes would not be less attractive than some of the unkept
properties along Gay Street and that single-family development would
result in pride of ownership which would improve the neighborhood
The Chairman asked if anyone wished to speak in opposition
Mr Bob Drennan, 8291 Monique Way, Cypress, reported he leases the
property directly to the south of the applicant's and the owner of
the property has no interest in being included in the annexation
proposal Mr Drennan stated the horse stables do not generate
much traffic because the owners do not come in to service the animals
He stated the new single-family development creates traffic problems
on Gay Street Mr Drennan stated there is a trend toward upgrading
the properties along Gay Street and people enjoy the lifestyle avail-
able on the street which is compatible for the keeping of animals
He felt RS -15,000 zoning would be more compatible and appropriate
than RS -6000 for the keeping of animals He reported that one
alternative in an on-going County study is to designate properties
along Gay and portions facing Crescent for low-density residential
development
Ms Gail Simmons 8162 Gay Street Cypress reported she owns 5
acres in front of the subject property and stated she opposes any
change in zoning She reported she boards horses and she spoke on
the benefits of maintaining a rural atmosphere and lifestyle She
expressed concern that a change in zoning may eventually eliminate
the animal related activities in the area
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Planning Commission Minutes August 17, 1978
Mr Cramer stated the property owner directly to the south is un-
decided about annexation and that Mr Drennan cannot speak for the
property owner Mr Cramer noted that the new single-family devel-
opment has not affected the horse activities on Gay Street or changed
the lifestyle Mr Cramer stated he owns two -10,000 square foot
lots on Gay Street and a half acre on Denni Street and his property
is not large enough to be subdivided for RS -15,000 development
Commissioner Mullen stated he supported staff's recommendation for
RS -15,000 zoning and felt it was appropriate for preserving the
unique rural lifestyle of the Gay Street area He felt rezoning
the subject property to RS -6000 would create pressures on the City
to designate all properties along Gay Street as RS -6000.
Commissioner Friedmann stated she supported staff's recommendation
and she felt RS -6000 zoning at the end of the street would add a
lot of. traffic and create problems
Commissioner Adler stated he agreed with staff's concern regarding
piecemeal annexation of properties He felt it was illogical to
provide City services to one small area when the rest of the street
is outside the City and he felt annexation should consist of a
larger area
It was moved by Commissioner Mullen and seconded by Commissioner
Friedmann to approve Pre -annexation Zone Change #78-9 designating
the property for RS -15 000 Low Density Residential Zoning
Mr Cramer discussed potential traffic generation from his property
in relation to the new single-family tract across the street and
he did not feel his development would substantially increase traffic
The Planning Director stated staff's recommendation for RS -15,000
zoning was based on more than traffic considerations and was based
on the fact that staff felt RS -15 000 was more appropriate recog-
nizing the existing land uses and potential development of the area
Chairman Van Allen stated it would be difficult to maintain an
RS -6000 island at the end of the street He advised the applicant
that the application will be considered by the City Council and that
he also had the option of applying to the County for a zone change
Mr Erickson stated the applicant's property would be the only one
subject to change since a characteristic of the Gay Street area is
high density housing. He stated many of the Gay Street lots contain
more than one dwelling and open space is not being preserved
The motion carried by the following roll call vote
AYES• 4 COMMISSIONERS Adler, Friedmann, Mullen &
Van Allen
NOES 1 COMMISSIONERS. Partin
ABSENT. 0 COMMISSIONERS None
Chairman Van Allen closed the public hearing
RECESS The Chair called a recess at 8.40 p m The meeting was
called back to order at 8.50 p m with all Commissioners present
PUBLIC HEARING RE CONDITIONAL USE PERMIT NO 78-17 - LINDBORG-DAHL
INVESTORS, INC Chairman Van Allen announced that this was the
time and place for the public hearing to consider a proposal to
construct a 20 160 square foot commercial retail/office building
and a 6,600 square foot light industrial building at 4552 Lincoln
Avenue in the CH -10,000 (LC) Commercial Heavy (Lincoln Avenue
Combining) Zone. He opened the hearing and asked for the staff
report
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Planning Commission Minutes August 17, 1978
The Planning Director presented slides of the subject property and
surrounding properties and the Assistant Planner summarized Staff
Report #78-34 dated August 10 which described the application.
Staff also presented the plot plan and elevations Staff clarified
several questions from the Commission regarding the median break in
Lincoln Avenue location of the trash area, height of perimeter
walls and architectural treatment of the south wall of the indus-
trial building The staff reported the applicant exceeds the parking
requirement by seven spaces Staff discussed Condition #1 relating
to landscaping and extension of the five-foot landscaped planter and
the Commissioners suggested several alternatives to increase the
planter strip The Planning Director read letters from Mr and
Mrs James Brooks, 4543 Rainier Cypress, and Mr and Mrs Ronaldo
Pascual, 4553 Rainier Cypress, who made recommendations relative
to the compatibility of their homes and the new development. The
Pascuals suggested the use of barbed wire on the southerly wall
The Commissioners generally expressed objection to the use of barbed
wire
Chairman Van Allen asked if the applicant wished to speak
Mr David Dahl, representing the applicant, stated they are sensitive
to the residences to the south and the site plan should not affect
them He requested that parking not be decreased. With regard to
Condition #6 concerning fencing along the east and west property
lines, Mr Dahl asked that the fencing extend from the south property
line to the south end of the commercial building, since fencing
extending past the building would obscure the commercial uses from
.Lincoln Avenue With regard to Condition #7 Mr. Dahl asked that
they be able to maintain a minimum six -foot -high block wall He
felt the six-foot wall, with the nine foot landscaped area and
retention of existing trees should provide adequate protection and
assurance of privacy for the residences He offered to stucco and
add wood trim to the south face of the industrial building instead
of extending the costly mansard treatment Mr Dahl stated they
would attempt to maintain as many of the existing trees as possible
Chairman Van Allen asked if anyone wished to speak in favor of the
application No one wished to speak in favor He asked if anyone
wished to speak in opposition
Mr Vic Snook, 4603 Rainier, Cypress expressed concern over the
adequacy of the wall on the south property line and felt it should
extend to at least six feet above the final grade He stated he
would not object to the trash area at the southerly property line
if it is screened by the trees and wall He stated he was concerned
about the height of the landscaping and hoped the landscaping would
be installed early in the development stage He stated the trees
help reduce the noise from Lincoln Avenue He expressed concern
over light interference from the proposed development He felt
most of the neighbors would not favor the use of barbed wire on the
southerly wall Mr. Snook felt most neighbors would be interested
in ensuring that the new development is secure
The Planning Director suggested leaving Condition #7 as is and that
when the landscaping plans are submitted staff will notify the adja-
cent property owners to allow for their review and comments
Commissioner Mullen requested that the trash area be relocated
from the southerly property line and that the trash area on the
west be relocated to parking stall #49 He stated he supported the
applicant's request regarding the fencing on the east and west
property lines In response to questions from Commissioner Friedmann
the Planning Director stated the industrial activities would be sub-
ject to the restrictions of the City's Noise Ordinance and he did
not feel noise would be a problem for the residences since they will
face a solid wall on the industrial building and there will be no
outdoor operations
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Planning Commission Minutes August 17, 1978
It was moved by Commissioner Mullen and seconded by Commissioner
Friedmann to approve Conditional Use Permit #78-17 subject to the
following conditions and the findings contained in Section 17 2-7
of the Zoning Ordinance
1 A landscape and irrigation plan shall be submitted for review
and approval by the Planning Commission prior to the installa
tion of any landscaping Existing pine trees located to the
rear of the property shall be retained whenever possible to
maintain screening along the southerly property line The
planter width along the southerly property line shall be increased
in width to nine feet by decreasing the length of the parking
stalls abutting the retail/office building and utilizing the
sidewalk for vehicular overhang to the specifications of City
staff
2 Soil in planting areas, including trees shall be tested by a
qualified agricultural laboratory to determine the organic and
chemical amendments for optimum growth for the plants specified
The test results shall include concentration of nitrogen
phosphorus, potassium, pH, salinity, sodium status and boron
saturation extract Results of these tests with recommenda
tions of the agricultural laboratory shall be furnished to the
Public Works Department for approval at least 30 days prior to
planting date A bond shall be posted by the applicant to
guarantee maintenance of the irrigation system so that it
operates in a manner for which it was designed, and to guar-
antee maintenance of all plant materials in a healthy growing
condition free of weeds and litter, for a period of not less
than twelve (12) months, to the specifications of the City staff
A certificate of occupancy shall not be issued for this devel-
opment until all landscaping and irrigation is completed in
accordance with plans and specifications as approved by the
Planning Commission Street trees (15 gallon) forty feet (40')
on center shall be installed along streets in conformance
with the street tree policy of the Public Works Department
The type of trees shall be as required under the Townscape
and Urban Design Element of the General Plan
3 The developer shall give further consideration to the archi-
tectural treatment of Building B The south wall shall have
greater architectural relief through the use of wood trim and
stucco coating subject to City staff approval
4 The trash area located along the southerly property line shall
be eliminated The trash receptacle designated on the plot
plan along the westerly lot line shall be relocated to parking
space #49 as designated on said plot plan The final locations
of all trash areas are subject to City staff approval
5 A comprehensive signing program for the commercial retail/office
complex and industrial building shall be submitted for Planning
Commission review and approval
6 A minimum six foot (6') high fence measured from the highest
adjacent grade shall be constructed along the westerly and
easterly property lines from the southerly lot line to the rear
of the commercial/office complex building The material used
for construction is subject to City staff approval A retaining
wall per City of Cypress standards shall be constructed at the
property line where the grade difference is greater than twelve
inches (12 )
7 A minimum six foot (6') high block wall measured from the
highest adjacent grade shall be maintained and/or constructed
along the south property line A continuous physical barrier
(i e , 6" high concrete curb) shall be constructed at a minimum
distance of three feet (3') from the base of all block walls
exposed to vehicular traffic to the satisfaction of the City
Engineer Planting may be installed in the area between the
block wall and the curb
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Planning Commission Minutes August 17, 1978
8 On site security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic All roof mounted equipment, such as
heating and air - conditioning units, shall be adequately
screened from public view, subject to the approval of the
City staff Commercial or industrial developments which
adjoin residentially zoned areas shall construct noise
bafflers and/or deflectors on all mechanical equipment mounted
outdoors, to the satisfaction of the City staff
9 All secondary and primary utility services shall be under-
ground Street lights shall be installed per City standards
Necessary fire hydrants shall be installed in accordance with
Fire Department requirements and City standards A master
plan of sewers shall be submitted for approval by the City
Engineer
10 Lincoln Avenue shall be fully improved with curb, gutter,
sidewalk driveway, paving, etc , in accordance with the
Master Plan of Streets and Highways
11
All existing public improvements at the development site
which are damaged cracked or otherwise below standard shall
be removed and replaced to the satisfaction of the City Engineer
12 The street in front of this development shall be resurfaced
with one -inch (1") minimum thickness asphalt concrete from
curb -to -curb if it is necessary to open cut the street in more
than one place Any open cut shall be back-filled per City
of Cypress Standard No 110
13 The quantity, location, width, and the type of driveway shall
be subject to the approval of the City Engineer An effective
sight distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances with Lincoln Avenue
No landscaping will be allowed in the area of the curb returns
Adequate sight distance also shall be maintained within the
development at all driveway intersections to the satisfaction
of the City Engineer
14 Parking lot circulation shall be subject to the approval of
the City Engineer Bicycle racks shall be installed The
location of all bicycle racks shall be subject to the approval
of the City staff
15 Wheelchair and handicap access facilities shall be installed
on site and off-site in accordance with State of California
and City of Cypress Building Department standards
16 Drainage shall be solved to the satisfaction of the City
Engineer A grading plan shall be submitted for approval
A topograph of the area surrounding this development shall be
made to establish existing drainage flow patterns If the
existing natural flow of any adjoining parcel is across the
land of this development, a drainage easement shall be granted
and drainage facilities provided for that property to the
satisfaction of the City Engineer A maximum lot depth of
100 feet shall be allowed to drain onto Lincoln Avenue If
drainage is directed to Lincoln Avenue, drainage culverts
shall be constructed underneath sidewalks to convey all on-
site runoff water to the street to the satisfaction of the
City Engineer All on-site drainage shall be conveyed to
the street by means of an undersidewalk drain per City of
Cypress standards Plan checking and inspection fees shall
be paid in accordance with City of Cypress Resolution No 1713
Drainage fees shall be paid in accordance with Master Plan
of Drainage The sanitary sewer connection fee shall be paid
by the developer in accordance with Orange County Sanitation
District No 3, Resolution No 303 Advance street light
energy charges shall be paid
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Planning Commission Minutes August 17 1978
17 Developer shall conform to all applicable provisions of the
City Code, which includes submittal of a parcel map to combine
the existing parcels into a single lot, in accordance with the
State Subdivision Map Act and City Subdivision Ordinance
The motion unanimously carried by the following roll call vote•
AYES 5 COMMISSIONERS Adler, Friedmann, Mullen, Partin
$ Van Allen
NOES 0 COMMISSIONERS None
ABSENT 0 COMMISSIONERS None
Chairman Van Allen closed the public hearing
PUBLIC HEARING RE VARIANCE NO 78-1 - MR $ MRS EDWARD E JACKS, JR
Chairman Van Allen announced that this was the time and place for
the public hearing to consider a request for a variance to allow the
encroachment of a single-family residential room addition to within
ten feet of the rear yard property line He opened the hearing and
asked for the staff report
The Assistant Planner presented Staff Report #78-34 dated August 9
which described the proposed variance Staff recommended denial
of the variance since they could not make the necessary applicable
findings justifying a variance as contained in Section 17 3 7 of
the Zoning Ordinance
Chairman Van Allen asked if the applicant wished to speak
Mr Ed Jacks, 5284 Rome, Cypress, stated he did not feel the variance
would constitute a special privilege He reported they considered
two alternatives to build the room addition which would not require
a variance an addition on the front of their dwelling they felt
would hurt the aesthetics of their home and landscaping and could
not be utilized by the family in the proper way and a neighbor
expressed concern that a second story addition might be an invasion
of privacy
Commissioner Mullen asked if approval of the variance would meet
the Zoning Ordinance adjustment provision that a certain percentage
of the rear yard be maintained as open space, and the Planning
Director stated this requirement would be met but the adjustment
provision would only allow an encroachment to within 16 feet of the
rear property line on a standard size lot The Planning Director
reported that properties adjacent to the applicant's have a 20 feet
minimum rear yard setback He stated the applicant's property differs
because of the location and siting of the dwelling where the living
area is further setback from the street than adjacent dwellings and
because the adjacent dwellings are not L-shaped homes
The Attorney stated that findings D and E of Section 17 3 7 must
be made in order to approve the variance and either A, B or C
A and C were not applicable in this case.
The Planning Director indicated the only circumstance which might
be considered exceptional was the fact that the living area of the
applicant's dwelling is set back over 40 feet from the street while
adjacent properties are set back 20 to 25 feet
Mr. Jacks reported the property owner to the rear has a patio room
which encroaches to within 10 feet of the rear property line and
he did not object to a first floor addition but had reservations
about a second story addition Mr. Jacks reported one other home
in the tract has the same floor plan as his dwelling but that home
is located on a cul-de-sac
Mr James Duncan, 9787 Rome, Cypress, stated there are two L-shaped
homes in his neighborhood which have large family room additions and
he felt they have a rear yard setback of about 10 feet
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Planning Commission Minutes August 17 1978
It was moved by Commissioner Mullen and seconded by Commissioner
Partin to approve Variance #78-1 subject to findings D and E of
Section 17 3 7 being made and subject to finding B being made based
on the fact that the shape of the dwelling and the front yard setback
varies from adjacent properties and would constitute special circum-
stances
Commissioner Friedmann stated she agreed with the staff and could
not make the necessary findings Commissioner Adler stated he did
not support the motion since the applicant had other options avail-
able to him and he should abide by the ordinance The Commission
held further discussion on the motion
The motion carried by the following roll call vote -
AYES
NOES
ABSENT
3 COMMISSIONERS
2 COMMISSIONERS
0 COMMISSIONERS
Mullen, Partin E Van Allen
Adler & Friedmann
None
Chairman Van Allen closed the public hearing
ADMINISTRATIVE MATTERS (Continued)
2 Landscape Review, Tract No 9624 - Butler Housing Corporation
Chairman Van Allen asked staff to request that the applicant be
present at the next meeting so that he can respond to questions
from the Commission
It was moved by Commissioner Partin, seconded by Commissioner Mullen
and unanimously carried to continue the matter to the September 7
meeting
ADJOURNMENT Chairman Van Allen adjourned the meeting at 11 35 p m
£H'. RMAN OF THE PLANNING COMMISSION
ATTEST
SECRETARY 0 THE PLANNING COMMISSION
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