HomeMy WebLinkAboutCC Res 3710 1987-08-03
RESOLUTION NUMBER .J?/tJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, APPROVING VARIANCE 5-87, A
REQUEST TO PERMIT A WALL ALONG THE SIDE
PROPERTY LINE WITHIN THE FRONT YARD SETBACK
WHICH EXCEEDS THE PERMITTED HEIGHT OF 42
INCHES (340 OCEAN AVENUE)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, on April 29, 19B7, Sandra Brayton Nair submitted an
application for Variance 5-87 to the Department of
Development Services; and
WHEREAS, the applicant is requesting approval of a wall along
the side property line within the front yard setback
which exceeds the permitted height by approximately 20
inches; and
WHEREAS, the subject property is a rectangular lot measuring 35
feet by 196 feet; and
WHEREAS, the property is developed with a single family home,
which is being remodeled with an l8-foot front yard;
and
WHEREAS, the applicants constructed a concrete block wall on the
western property line, 5 foot 4 inches in height from
finished grade, in accordance with the plans approved
by the Department of Development Services; and
WHEREAS, a Building Inspector noted that the wall in question
exceeded the permitted fence height of 3 foot 6 inches
and advised the applicant to contact the planning staff
before proceeding further; and
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WHEREAS, staff has requested the applicant to bring the fence
into conformance with the 3 foot 6 inches allowed under
the Municipal Code; and
WHEREAS, a duly noticed public hearing was held by the City
Council on July 20, 1987; and
WHEREAS, the City Council makes the following findings;
1. Variance 5-87 would not adversely effect the
General Plan. The wall for which approval is
requested would not impact the low density
residential character of the subject property or
that of the surrounding properties.
2. There exists special property-related
circumstances which, deprive the subject property
of privileges enjoyed by other properties in the
same vicinity and zone.
3.
The granting of Variance 5-87 would not be a grant
of special privilege inconsistent with other
properties in the vicinity.
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WHEREAS, the Planning Commission considered Variance 5-87 on
June 17, 1987 and adopted Resolution Ul463 denying said
variance.
Resolution Number~~I'~
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Seal Beach does hereby approve Variance 5-87, subject to the
following provisions:
1.
The subject wall shall be reduced in height a total of
four (4) feet, beginning at the northern edge of the
wall and extending seven (7) feet south, where the wall
will increase in height by sixteen inches for a
distance of seven (7) feet south, where the wall will
increase in height by 8 inches for remaining length of
wall.
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2.
This action is not precedent setting, inasmuch as the
area of the wall that exceeds the height limitations is
adjoining to a mature tree, which restricts the view
towards the street. The fence will be at s height of
42 inches ten feet south from the property line.
3. The existing fence shall be reduced in accordance with
provision number one before completion of the current
building modifications, or no later than September 30,
1987.
4. Supplemental construction documents showing the
elevation of the reduced wall plan shall be submitted
to the Development Services Department for review and
approval.
PASSED, APPROVED AND ADOPTED BY THE City Council of the City of
eal Beach at a meeting thereof held on the ~,1L day of
, 1987, by the followin vote:
Councilmembers
I
NOES:
Councilmembers
ABSENT:
Councilmembers
'- r:~2.) If ~ __/1
Mayor ~ J
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Josnne, M. Yeo, City Clerk of Seal Beach, California, do
hereby certify that t~oregOing resolution is the original copy
of Resolution Number on file in the office of the City
Clerk, passed, approve and adopted by the City Council of the
C~_ o~ Seal BeaC~?ar meeting thereof held on the
~day of , 1987.
Resolution NumberJ~O
PROOF Of! PUBLICA liON
12015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange
I am a citizen 01 the United States and a
resident 01 the County aloresaid; I am over
Ihe age of eighleen years. and nol a party 10
or interested in the above-entitled mailer. I
am the principal clerk of the printer of Ihe
~~.~~
a newspaper of general c1r~lon, prlnled
and published . .
in the City 01 in", 0.. _._
County of ~nd which newI.
paper has been adj udged a newspaper
of general circulation by the Superior
Courl of Ihe Counly of Orange, Slale 01
California, under Ihe date Ol.~. 19f~
Case Number .tJ-~~hat the notice,
of which the annexed is a printed copy (set
in type not 'smaller than nonpareill. has
been published in each~fegular: and enllre
issue of said newspaper .and not -In any
supple thereof on the following date.,
lo-wit: . C}.
......f............
ear 19..t.?-
I certify (or declare) .u~d~r pe~alty 01
perjury that Ihe loregoing II true. and
correct. / ~ :'.
Dated at.~...... _Y'
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