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Home My WebLink AboutCC Res 4029 1991-04-08 RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING VARIANCE REQUEST #5-90, A REQUEST TO ENCROACH INTO THE REQUIRED FIVE FOOT SIDE YARD SETBACK AND TEN FOOT REAR YARD SETBACK FOR AN ILLEGAL PATIO DECK AT 1733 CRESTVIEW THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: I Section 1. On August 27, 1990, William A. Ralston filed an application with the Department of Development Services for Variance request #5-90. specifically, the applicant is requesting to deviate from The Code of the City of Seal Beach, Section 28- 401(2)(b), which requires ten (10') foot rear yard setbacks and five (5') foot side yard setbacks in the Residential Low Density zone of District V, to retain an illegally constructed patio deck built to the property lines. Section 2. The patio deck in question was constructed without permits, plans and inspections. Section 3. The Planning commission held a duly noticed Public Hearing on October 3, 1990 and voted to deny Variance #5-90 and adopted Resolution No. 1599 to that effect. section 4. An appeal of the decision of the Planning Commission was duly filed with the city by William A. Ralston on October 12, 1990. Section 5. The City Council noticed a public hearing on November 13, 1990, and continued the public hearing to November I 26, 1990 to consider evidence relating to the request. Section 6. The City Council received into evidence the Report of the Planning Commission, including the Staff Report dated October 3, 1990, Planning commission Resolution No. 1599, the Minutes of the Planning Commission meeting of October 3 and Ovtober 17, 1990, and evidence submitted in support of the appeal filed by the appellant, William A. Ralston. In addition, the city Council considered all oral evidence presented at the time of the pUbl,ic hearing. Section 7. Based upon the evidence presented, the City Council hereby finds: a) The subject property is surrounded by single family residences in the Residential Low Density (RLD) zone to the south, east and west, and Specific Plan RegUlation (SPR) Zone to the north, which is currently vacant. The subject property consists of approximately 8,400 square feet and is located on the north side of Crestview Avenue, approximately 420 feet west of Seal Beach Boulevard; The property has approximately 60 feet of frontage on Crestview Avenue and is approximately 135 to 155 feet in depth. The propert~ is improved with an existing single family residence with a single car garage and a single car carport, detached "pool house", swimming pool and spa, and a non-permitted wood deck and I storage shed. , b). Specifically, the applicant is requesting to deviate from The Code of the Citv of Seal Beach, Section ,28-401(2) (b), which requires ten (10') foot rear yard setbacks and five (5') foot side yard setbacks in the Residential Low Density zone of District V, to retain an illegally constructed patio deck built to the property lines. c). The specific zoning regulations governing Tract 2590 are set forth in Section 28-401(2)(b) of The Code of the Citv of I I I .Resolution Number ~f Seal Beach. These documents require a ten (10') foot setback along the parcel's rear property line and a fiv~ (5') foot setback in the side yard: and d) . A variance can be granted only if unusual circumstances exist. Pursuant to applicable provisions in the California Government Code and Municipal Code Sections 28-2500 and 28-2502, the city may grant a variance only if, on the basis of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of the Zoning Code is found to deprive the subject property of privileges. enjoyed by other properties in the vicinity and under identical zone classification. Moreover, any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege in the vicinity and zone in which the subject property is situated. e) There are no special circumstances applicable to the subject property, such as size, shape, surroundings, location or topography which would deprive the subject property of privileges enjoyed by other properties in the vicinity. The size and shape of the property are similar to the size and shape of the large majority of residentially zoned properties along Crestview Avenue. Many of those properties located in the RLD, Residential Low Density, Zone are developed in a similar nature and manner as the subject property. The fact is that other similarily situated properties have constructed patios consistent with Code regulations and applicable zoning without the need for a variance. The mere existence of an illegally constructed patio does not constitute unusual circumstances under the law. The applicant has the option to modify the current location of the existing structure to comply with the rear yard setback requirements and still comply with all ci ty development standards. The granting of a variance would encourage other properties to construct structure without proper permits and then seek relief through the variance procedure, resulting in additional weakening of the City's development standards for residential properties. In sum, the sUDject property does not present any special circumstances to qualify for a vari- ance. The granting of the variance will abrogate the intent of the General Plan by allowing a special privilege for the subject property which is not generally available to properties in the same vicinity and zoning district. PASSED, APPROVED and ADOPTED by the City cou~il of th~Jtr of Seal Beach at a meeting thereof held on the .t2.:!1:. day of ~r/.I', 199,1-, by the following vo AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ~d-.nJ -t '~~""A) MAYOR 11In..., 'Of SEAL :\,~ "'~"' -to;;"3~~~~~ 1(; ,+ '0 'So .~~-tr \ 0 0 oS s<C ,a~o Q-:.... '1" ....... 9"01 1tQ\.~~I. 27. ,q'~i:~lJ l~t c: 0000000"(.",,, I\",OUNrt . C STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the di'!1~ng resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk, Resolution Number ~~~ , '; , approved, and adopted by the city Council of ~~.CitY of a regular meeting thereof held on the e- day of , 1991' I I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange 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 pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: fJ c.*d,').fJL <...:) S- all in the year 192Q. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, 'l- 1+ this O'~ dayof !jC;.1990. C -1..J -, ('\ ":I /f-\,::,(J'L'-l'- tv"..,. . 1,.j;J !j Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS' 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 " .~ 'Resoldtion, Number ~2? This space is for the County Clerk's Filing Stamp Proof of Publication of ~LL~~~~ .!'!q~I.~E~~U.qJ.i.q .l!fta.z:i.n.<1 . . . :... ~'9;1.~:~:V;(:~~.. ~.-. ~~...... NanCE OF PUBlIC HEARING : ApprICll1t NanCE IS HEREBY GIVEN 1hal ',WlIam RalsIDn the cay CoIn:II of the ~ 01 Sell I' IleecII wi! hold a pubic MnIg on Own.: Tue.day, November 13, 1990 al 'Same 7:00 p,m. In Ihe City Council Chambers. 211 Bghlh Steel, Sell Beach. Cafllomla, m consider the following Item: VARIANCE 5.90 (APPE4LED) 1733 CRESlVIEW AVENUE Request M after .the.1acI variance lnxn the required rear yard and .Ide yard .e!backs ollhe Residential Low Density zone, (RLD) lor a patio deck located al1733 Crestview Avenue, EnvIronmen1lll Review: ThIs project Is categorically 8X8~ lnxn CECA I8VIew , Code Sec1Ians' 28-400, 28.401. 28-402, 28-2500, 28-2501, 28.2502 " i AI the above time and place all ntBraslBd persons may be heanI ff so desired, ff yau challenge the proposed aclIons In court, you may be limIted 10 raIsing only those Issues you or someone .... raised at the pubic hearing descrtbed In IhIs noIIce, or In wrIIIIn correepon- donee deIIvIrecl m .. ~ 01 Sell Beach a~ or prior 10, the public '-i1g. DAlEO this 22nd day of OclIlber, 1990. Joanne Yea, CIty Clertc ~ 01 Seal Beach . Octlber25,I990. FI.tlIsIBl hie SeIIIleecII Joumal. I Resolution Number %.2.9 , PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange 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-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weeklv in the City of Seal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dated, to-wit: , , : ' I" all in the year 19..11,L I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this i' ( day of I' I., , 19..iL. _11 1'....1,.1.1.1 l Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach" CA 90740 (213)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of PUBLIC NOTICE/Public Hea:rlng ............................ . I " '.' ,I '.' :J ' ,'/ ,:, I,', L":.J) ....................... .f,-.t.. NOTICE OF PUBI-IC HEARING Environmental RfwIew: ,1J1IS project Is categorically exempt from CEOAnMew. NOTICE IS HEREBY GIVEN thaI' ~ SoetIons' :;~:=iaolp':IicChearingity O! Seal; 28-400, 28-401, 28-402, 28.2500, u on 28-2501 28-2502 Monday, AprIl 8, 1991 at 7:00 p,m, . in !he City Council Chambers, 211 Allo1icant E1ghUl SIreet, Seal Beach, CaIIor. WIIIam RalsDl nia 10 consider !he Iolowlng iIIlm: Qwnm;, VARIAIlCE 5-90 (APPEAL) Sarna 1733 CRESTVIEW AVENUE I Al the above time and place all ~ inlBrasl8d persons may be heard n An after.too.1acl variance Irom the so desired, II you challenge the requIred raar yard and side yard proposed aclons kI couI1, you mllll setbacks oltha Residential Low be Iil!lfted to raising only those Density zone, (RLD) for a patio issues you or someone else raised dack located at 1733 Crestview, al,1he public hearing described In Avenue . IllS notice, or In wrIfIan corraspon. , dence delM1red ID tha CIty of Seal Maller was originally denied by Ihe, Bea~h a~ or prior to, the public Planning Commissioh, : hearing, , DATED THIS 7th day of March, The applicant subsequently 199t appealed the mailer to the City Joanne M. Yeo, CIty Clerk Counci who, after 100 Introdudion City of Seal Beach ~I new information, returned the matter to Ihe Planning Commisison March 14, 199t tor reconsideration, F'I.tIlIhed h Ile Seal BelI:h JoLmoL The Planning Commission, upon reconsideration. reconlirmed ii' denial and has lorwarded the appeal back to the Counal. I