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Home My WebLink AboutCC Res 4101 1991-12-09 RESOLUTION NUMBER 4/t)/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR A VARIANCE TO EXCEED THE MAXIMUM HEIGHT LIMITATION SET FORTH IN THE ZONING CODE IN CONNECI10N WITH THE CONSTRUCI10N OF A SINGLE FAMILY RESIDENCE AT B-112, SURFSIDE, SEAL BEACH TIlE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: I Section 1. On August 5, 1991, David A. Byrnes ("Applicant") filed an application for Variance 7-91. Section 2. The subject property is legally described as Orange County Assessor's Parcel Number 178-461-50. Section 3. The applicant has requested a variance to a1Jow construction of a new single family 'residence to be 37 feet in height. The Code of the City of Seal Beach establishes a maximum height of 35 feet in the zone in which the residence is proposed. The applicant has also requested permission to build an exterior stairway from ground level to the second floor. Section 4. The subject property is surrounded on all sides by single family residences in the Residential Low Density zone, (RLD) within the community of Surfside. Section 5. The Planning Commission conducted a duly noticed public hearing on October 2, 1991 to consider the requests. After considering all the evidence presented, the Commission adopted Resolution No. 1651 approving the application for an exterior stairway from ground level to the second floor, I subject to certain conditions. The Commission denied the request to allow the proposed residential structure to exceed the thirty-five (35) feet maximum height permitted by the Code. Section 6. An appeal of the denial by the Planning Commission of the requested height variance to allow the proposed residential structure to exceed the Code's maximum height limitation was duly filed with the City. The City Council held a duly noticed public hearing on November 25, 1991. Section 7. At the November 25, 1991 public hearing, the City Council received into evidence, inter alia. the Report of the Planning Commission, including the Staff Report dated October 2, 1991; Planning Commission Resolution No. 1651; the Minutes of the Planning Commission meeting of October 2, 1991; the appeal filed by the applicant, David A. Byrnes; and the original variance application. In addition, the City Council considered all oral evidence presented at the time of the public hearing. Section 8. Based upon the evidence presented, the City Coun~il hereby finds: A) A variance can be granted only if unusual circumstances exist. Pursuant to applicable provisions in the California Government Code and Zoning 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 I . I I I Resolution Number ~l7/ 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. B) There are no special circumstances applicable to the property at B-1l2 Surfside which, through the strict application of the Zoning Code, deprive the property of privileges enjoyed by other properties in the same vicinity and zone. The size and shape of the property are similar to the size and shape of the large majority of residentially zoned properties within the Surfside community. There are no topographic features affecting the subject property which I?revent the applicant from building a single-family residence consistent with the Code. The strict application of the Code's maximum building height regulations does not prevent the applicant from building a single- family residence. The subject property can accommodate an ample sized single-family residence. As is true with other properties in the same vicinity and zone, that residence cannot exceed thirty-five feet in height without a variance. Thus, strict application of the provisions of the Zoning Ordinance does not deprive the subject property of privileges enjoyed by others. Other properties similarly zoned in the vicinity likewise have to comply with the Code's maximum height standards. In sum, the subject property does not present any special circumstances to qualify for a variance; nor is it being deprived of any privileges enjoyed by other properties. C) The granting of Variance request 7-91 would constitute the granting of a special privilege inconsistent with Code limitations upon other properties in the same vicinity and zone. Specifically, other properties in the same vicinity and zone are allowed a maximum height of 35 feet. The granting of the variance will abrogate the intent of the General Plan and Zoning Ordinance by allowing a special privilege for the subject property which is not generally available to properties in the same vicinity and zoning district. NOW, TIIEREFORE BE IT RESOLVED that the City Council of th~ City of Seal Beach does hereby deny the request for a variance to allow construction of a n~ single-family residence to exceed 35 feet, the maximum height permitted in the Code. PASSED, APPROVED and ADOP 15' ,by the City cou~ of the City of Seal Beach at a meeting thereof held on the Y. day of /J~I"~6A' , 1991, by the following vote: AYES: 7rJ NOES: ABSENT: Councilmembers Councilmembers Resolution Number ~~/ ~ A J.- /....yi+-- MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) 55 CITY OF SEAL BEACH ) - I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number ~/O/ on file in the office of the City Clerk, passed, approved, and adopte~he City CO~Of the 2i.:::f Seal Beach, at a re meeting thereof held on the ~ day of b~Ul 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 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 weekly 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 A62563; 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 dates, to-wit: ()(I.J{)~ olY' ' all in the year 19JU... I certify (or declare) under penalty of perjury that the foregoIng Is true and correct. Dated aieSI Beach. California, this cJ day of IJd, 19..iL ~rtlu. - f)1L/p~j Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Ma/n Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 Resolution Number 41/~/ This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Public Hearing ............................ . . .YCJ-:V-.l~!l,~', . .'7.: .Ct t . (~) I FnvirDnmBntaI RAv8w: 11l1is project is call1golic:ally exempt 110m CECA nw\ew. NanCE IS HEREBY GIVEN 1hal r.... S8cI\cns: the CIIy CcunclI 01118 CIIy 01 Sell _ ""I' 28-502: 28-503' 28-2500 Beach wfl/ hold s public heaIfng /III """', , , Tuesday, November 12, 1991, at \lIllUgI\ 2MS03 7:00 p.m, In the CIly Council ADDlcont Chambenl, 211 Egh1h Sb'eet Sell Davtd A. 9imes Beach, call1om1a, III consider the foIowing iIsm: NOTICE OF PUBUC HEARING Prolllll\Y Owner: Same VARANCE7-91 ~ &-112SlJlFSllE Al1lle above time and plaee all .fllllluUI: inlllnlStlld persons may be Rd . ~ _._u __....._ 01 11 so dealred. If you challenge the ,0 """" ....~~~""" a new s - I proposed actons In court, you may gle famDy residence In sxcess 01 be limited to raising only 11I0" the 35 loot height Ihlt SpecIlIcaIy, IssueS you at _ aIse raised the applcanl is 18quesling III con- at \he pubic hearing desClIled In sruct a dwemng 37 teet In height \his tice or 11 writIBn ccmspon_ ! and to cons1rUC1 a ptIapelllfOl.l1d a.:: ~ III 118 CIIy 01 Sell ~ ~~g which wlI.exceed \he Basch at, or prior to, the public h8lg/l1 limn by approXImately six hearing. l6l,1eet 0Al'B) 'THIS 21st day 01 October, i 1991. I Jeanne Veo, CiIy CielII City 01 Seal Beach I October 24,1991, I'I1litsII1 t'Ill Seailleach Jwna\. Resolution Number 4-10/ 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 week Iv 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 2/24nS. 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 no't In any supplement thereof on the following dates, to-wit: - ) l (j V Q.,'}'\'\b~)\ 1;.( all in the year 19J!..L I certify (or declare) under penalty of perjury that the fOlegolng is true and correct. Dated at Seal Beach. California, this /1 day of 11/, V ,19.iL C . t .It, }'\ ::-t'(/l'('~ Signature (- , h '...... i~ t"...) '- 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 Proof of Publication of PUBLIC NOTICE/Public Hearing ........................................................ .. . ypiYfJ: ~\~. . .'7~ .~ ! . (~J NOTICE OF EmII,,,,.,18I1IaI Review: PUBliC HEARING ,ThlspRljectlscal8gol1callyexempl .. IrllIn CECA I8YIsw. I NOTICE IS HEREBY GIVEN lhsI 1ho clly CouncIl ollhe CIIy of Seal, """" SectIons' . 'Belo:h will hold a public hearing an 28-501; 28-502; 28-503; 28-2500 Monday, Nov...ber 25, 1991, at tlrllugh28-2503 7:00 p.m. In lhe City Council Chambers, 211 Bghlh SIreet, Seal AooIIoanr . Beach, CaIKomIa, " consider the DavId A. Byrnes IoI1owIng 1Iam: I ~ VARlANCE7.fl (APPS4 Same B-112 SIlIFSlllE I It! 1ho above lime and place all !lallllllI!: LdIlIoflBd plllIOIlI may be heard . To allow cons1ruc1lon of a _ sin- so desired. If you challenge the gle 1amDy residence In _ of, proposed aclIonIln COlI!, you may 1ho 35 loot heillht &mil SpecIIicaJIy, be limited to raiSing only those 1ho epplicant Is requestlg to con- IIsues you ar _ else raised s1ruct a dwelling iT reel In height at 1ho pubic hearing described In, and " cons1ruct e parapet around 1hIs 1lllIIce, or In wrIlIln COII88pClll' said dwelI'ng which wIIexcied 1hIi dence deIIwnd " 1ho CIIy of Seal helghtllmtt by approximately six Beach a~ or p~or to, the public (6) feet. hesrIng. - .. - - -, OATal THIS 12th day 1II Novam-I 1ler,1991. JanIe M. Yeo, CIIf Clerk CIIy 1II Seal Belo:h . NcMImber 14, 1991. . NlIBhed h.. SeslIlaIch JcunlIl I