HomeMy WebLinkAboutCC Res 4757 1999-11-08
RESOLUTION NUMBER ~
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH SUSTAINING
THE PLANNING COMMISSION DENIAL OF
VARIANCE NO. 99-2, A REQUEST TO
ALLOW AN ILLEGALLY CONSTRUCTED
GLASS SUNROOM IN EXCESS OF THE 25-
FOOT HEIGHT LOOT (1307'i'2 SEAL WAY)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOL VE, DETERMINE AND FIND:
Section I. On July 26, 1999 Teo Albers "The Applicant" submitted an
application for Variance 99-2 with the Department of Development Services.
Specifically, the applicant is requesting a variance to allow the previous, unpermitted,
construction of habitable living space in excess of the 25 foot height limit. The glass sun
room measures 13 feet by 13 feet and stands approximately 4.5 feet above the height
limit.
Section 2. A duly noticed public hearing was held before the Planning
Commission on September 8, 1999, to consider the application for Variance 99-2. At the
public hearing the applicant spoke in favor of the request, with persons appearing both in
favor of and in opposition to the request. '
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Section 3.
The record of the hearing on September 8, 1999 indicates
the following:
(a) On July 26, 1999, Tea Albers ("The Applicant") submitted
an application for Variance 99-2 with the Department of Development Services.
Specifically, the applicant is requesting a variance to allow the previous, unpermitted,
construction of habitable living space in excess of the 25 foot height limit. The glass sun
room measures 13 feet by 13 feet and stands approximately 4.5 feet above the height
limit. The Planning Commission denied the variance request and the applicant filed a
timely appeal. '
(b) The subject property is located at 1307~ Seal Way.
(c) The subject property is rectangular in shape (30' x 90')
with a lot area of approximately 2700 square feet.
(d) The surrounding land uses and zoning are as follows:
NORTH, EAST & WEST A mixture of single-family and
multi-family residences located in the Residential High Density
(RHO) zone.
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SOUTH The Pacific Ocean in the Public Land
UselRecreation (PLUIR) zone,
(e) In response to the mailed and published notice of this
hearing staff has received no response, written or other, to this request.
Section 4. An appeal of the Planning Commission's denial of
Variance 99-2 was timely filed. After the applicant sought and was granted two
continuances of the scheduled public hearing, The City Council held a duly noticed
continued public hearing on October 25, 1999 to consider the appeal. The Council
Resolution Number117~;1
considered all oral and written testimony and evidence presented at the time of the public
hearing, including the staff reports. '
Section 5. Based upon the facts contained in the record, including those
stated in ~ 3 and 4 of this resolution and pursuant to ~~ 28-2500 through 28-2502 of the
City's ~ the City Council hereby finds as follows:
(a) Variance 99-2 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "high density residential"
designation for the subject property and permits single and multiple family residential
uses. The use is also consistent with the remaining elements of the City's General Plan,
as the policies of those elements are consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use is consistent with the General Plan.
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(b) The subject property is similarly situated to the majority of
(if not all) properties along Seal Way within the Old Town area of the City. The
applicant and his representative failed to present any evidence that there are special
circumstances such as topography, size, shape or location which deprives the applicant of
the use of his property as a single family residence like other property owners in the
vicinity. Therefore, there are no special property related circumstances that, through the
strict application of this Chapter, deprive the subject property of privileges enjoyed by
other property in the same vicinity and zone.
(c) The subject property is similarly situated to the majority of
(if not all) properties along Seal Way within the Old Town area of the City. Therefore,
the granting ofthis variance would be the granting of a special privilege inconsistent with
other limitations on other properties in the same vicinity and zone.
Section 6.
Variance No. 99-2.
Based upon the foregoing, the City Council denies
Section 7. The time within which judicial review, if available, of this
decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and Section 1-13 of the Code ofthe City of Seal Beac!!, unless a shorter time is
provided by other applicable law.
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ED, APPROVED, AND ADOPTED by the City coun;# gf the City of Seal
tam ling thereof held on the ~ day of
, 1999, by the following vote:
AYES:
Councilmembe
NOES:
Councilmember
ABSENT:
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MAYOR
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Resolution Number~j1~~
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yea, City Clerk of Seal Beach, California, d41ffl'ertifY that the
foregoing resolution is the original copy of Resolution Number ~ j on file in the
office of the City Clerk, passed, approved, and adopted by the City COU~f the City of
S~h, at ~regu1ar meeting thereof held on the _ day of
J.IJI~~ ~ ,1999.
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Resolution Number.f:l?1-
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
'I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-el)titled maUer.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
prinled and published weekly. in the
Oily of Seal Beach, Counly of
~..Orange anel which newspaper has
;>been adjudged a newspaper of
general circulalion by the Superior
Court of the Counly of Orange, State
of California, under the dale of
2/24/75. Case Number A82583; that
the nOlic,e of which the annexed is a
prinled copy (set in type nol smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplemenllhereof on the following
elales, to-wit:
Proof of Publication of
...............................................
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...............................................
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all in the year 1999.
. NonCEOF , ;.
Pl!BUC HEARING " .' '
NOT1CE IS IeIEBYGIVEN.....: .
env of Sell Beech wUJ hOld-...... the,
h..ring on MDnd_ Oct b' PlIb'Ic
1~oI7:00 .m.;;{'he 0 ""th..
~=~.,EI9hth~~'
IOWlnH hem:. s: ~ ~dera;. foI. I
af6~~~r\)?,~A~~cg~~2 '
I69SOUAllEFO SU"
ENCLOSURE ON or NApOM.
DE.CKTHArWlLl'g~~CWlf .:
'. HEJGH'T LIMn- IN THE -!
~ ~ESJDENTIAL HIGH. .
DENSITY ZONE' , '
'. '!IC;J7'I2SEALWAY.' ,.,.;
IS Appellsrat. Ailquellt: The apg,Iant I
~re.r~~=.,_.
=1h~~W.',~fndd:\:~.
~h Denllily: Zone In which ~.',
,. bcafeO' \TNI ProPosed
lIon"'U be __of. 418.., lIdlll.;.
'Coho 25'foo!l1tl'ghl km., ~. ~~,
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Envi""""ontol Rivl ,,;,," "
,~=g.~caIlY,eXem;fro,:: q~'.
'2i_~~...Sec"on.: 28-801' 28-2500 fa '
~,28'2l!4DIo~6.,' . ".
'.\ppIIcom: rOO'AJbete . .' ;.'.,-'
1'ropo!lY Owner: too AlbOrs' -: ~_ .
A1lhoobovo_ond/lloi:o- . . ,
-!!f-!"pBr80na mat ~e h..~ tr:'~
"'wed, Wyou ~ ,'; iiiOoo. _
achone In ~ you may be ImHed-r:: '
"!"Ioglll)ly--jDU"'"""",'"
=l:r~~llhe public hearing"
G:t;.Ja....~io~~.'
. 01, '" prior 10. Iho JlUbIf. hoortng ,
l~TED :"'~.22nd,doy"!. SopI~i"ber.
olOanneveo'J: _.:" : : 'J
CltyClerk ',', '
~.d I~:th. s.~i ~~.~h":. ~~~-
~~ '-. --' ....\ .-.
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I certify (or declare) under penally of
perjury thai the foregoing is true and
correct.
Daled at Seal Beach, CA,
this-t-dayof $&fl-
.1999,
1.t- r-~
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
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