31A - CUP - 1044 E FOURTH ST - Laserfiche WebLink

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Variance Nos. 2012-02 and 2012-03 April 23, 2012 Page 6 that is otherwise allowed by right in the I-OZ-M2 zone and would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Further, the building was constructed in compliance with development standards at that time, which allowed a reduced setback on Fourth Street. The demolition of a portion of the building to comply with the setback standard would affect the viability of the use at this location and would provide an undue hardship to the property owner. The granting of the variances is necessary for the preservation and enjoyment of substantial property rights. Compliance with the setback standard would require the demolition of approximately 3,000 square feet of building area, which would affect the structural integrity of the building and reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. Further, the granting of the parking variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed by right in the zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to be rehabilitated to comply with all applicable development standards except for the setback and parking requirements. Further, the project will be consistent with the objectives of the Transit Zoning Code, which include allowing the reuse of industrial properties in the Industrial Overlay Zone and the rehabilitation of existing buildings in the area. • Finally, the project will not adversely affect the General Plan. The proposed use will result in the improvement of two vacant buildings that will remove several undesirable elements from the property, including the rehabilitation of worn down structures, new site landscaping and the installation of lighting that does not impact the adjacent neighborhood. To minimize the effects of the reduced setback and parking, an extensive list of conditions are proposed. In particular, a condition has been added to prohibit the use of the driveway on Santa Fe Street, which will reduce the potential for traffic intrusion into the adjacent neighborhood. Also, a condition requiring employees to park their vehicles on-site, which will also reduce the potential for traffic impacts on the adjacent neighborhood, has been incorporated into the variances. Public Notification The project site is located within the Saddleback View Neighborhood Association. Staff attended a meeting with the Saddleback View Association in February 2012 to review the project and obtain neighborhood input. No significant issues were raised by the neighborhood at this meeting. In addition, the contacts of this Neighborhood Association were notified by mail 10 days prior to this public hearing. 31A-8