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Home My WebLink AboutCC Res 3775 1988-04-18 I I I RESOLUTION NUMBER ~~~~ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPPOVING VARIANCE 2-88, PERMITTING A ROOM ADDITION THAT EXCEEDS THE MAXIMUM LOT COVERAGE FOR THE LOW DENSITY RESIDENTIAL DISTRICT FOR 405 OPAL COVE UNTIL THE PRESENT OWNER OF RECORD CONVEYS THE PROPERTY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on February 21, 1988, Robert Raices submitted an application for Variance 2-88 to the Department of Development Services; and WHEREAS, the applicant is requesting permission, after-the-fact, to permit a room addition of 432 square feet, resulting in a lot coverage of 47.9 percent; and WHEREAS, the subject property is a rectangular parcel measuring approximately 51 feet by 100 feet; and WHEREAS, the surrounding land uses and zoning are as follows: North, East, West - Single family residences in the Residential Low Density (RLD) zone; South - A mixture of single family residences in the Residential Low Density (RLn) zone and commercial uses in the C-2 (General Commercial) zone; and WHEREAS, according to the plans submitted by the applicant, the subject property contains a single family residence covering the property by approximately 2012 square fee tan d a par t i all y com pIe t ed ad d it ion 0 f 432 s qua r e feet; and WHEREAS, on November 19, 1986, the Planning Commission denied Variance 15-86, a request identical to the present variance application, by adopting Resolution Number 1443; and WHEREAS, the Planning Commission considered the present variance request at a public hearing on March 16, 1988, and denied this variance request by the adoption of Resolution Number 1498; and WHEREAS, the City Council held a duly noticed public hearing on Monday, April 4, 1988, to consider Variance 2-88; and WHEREAS, the City Council makes the following findings: The applicant has stated to the City Council that the property is not capable of accommodating therapy equipment for a disabled child without the added room addition, The City Council has accepted this testimony as evidence that the granting of the variance will not be a spec ial privilege inconsistent with other limitations upon the properties in the same vicinity and zone. 2. The City Council recognizes that this property- related restriction is temporary and will end at the time the current owner sells, rents or leases the property. 1. Resolution No. 3775 City of Seal Beach Section 28-2501 of the zoning code does allow the temporary establishment of a use necessitated by reason of need, Based on the testimony of the applicant, the City Council finds that a need exists and that it is a temporary situation. The City Council further finds that special restrictions are required to ensure that the property is brought into conformity with the lot coverage requirements of the low density residential district at such time that the temporary restriction is no longer valid. 4. The City Council finds that this temporary restriction will no longer be valid at such time that the current owner, which is the applicant, sells in fee title, or otherwise conveys, rents or leases thE' house to another individual, either related by blood or otherwise, 3, NOW, THEREFORE, 8E IT RESOLVED, that the City Council for the City of Seal Beach does hereby approve Variance 2-88 to exceed the lot coverage of the Residential Low Density District by 2.9 percent at 405 Opal Cove, subject to the following conditions: 1, The room addition in question is a 432 square foot room on the first floor, which exceeds the lot coverage by approximately 2.9 percent, A covenant shall be prepared by the applicant, in favor of the City, that states that a sufficient amount of square footage will be removed from the room addition at the time the property is offered for sale, rent or lease, and prior to the completion of that conveyance, rent or 1 ease, to bring the property into conformity with the lot coverage requirements of the Residential Low Density district, as amended, 3, The covenant shall be recorded against the property, and cannot be removed without written authorization from the City of Seal Beach. 2. 4. The covenant shall include a notice to the City of the intended sale, rent or lease of the property, Intended sale will mean any transfer or conveyance of the property. 5, The covenant shall be reviewed and approved by the City Attorney prior to recordation. The applicant sha 11 pay a fee equa 1 to the costs of the City Attorney to review and approve the subject ag reemen t. 6, Prior to recordation of the covenant, the applicant shall rectify outstanding building code violations related to the property, take out proper permits, and receive inspections. 7. The applicant shall take out all proper building permits for the illegal room addition, receive inspections, and make corrections, as necessary. I I I I I I '. Resolution 3775 City of Seal Beach 8. This variance shall take effect at such time that the covenant has been recorded against the property, and the City has received evidence of this recordation. g. At such time the covenant is recorded, the code enforcement case against this property will be dropped by the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 18th day of April, 1988, by the following vote: AYES: NOES: ABSTAIN: ABSENT: x..I Councilmembers: Councilmembers: Councilmembers: Councilmembers: ---c )..p / G' ~~..M~ d'\d ~~ ~..J Mayor Edna,Wilson ATTEST: STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution was passed pproved and adopted by the City counc~ the City of Seal e h 4 a meeting thereof held on the _c day of , 1988. Resolution Number ~17.s-- PROOF OF PUBLICATION (2015.5 (,C.P,) STATE OF CALIFORNIA, County of Orange I am a citizen 01 Ihe United Stales and a resident 01 the County aloresaid; I am over the age of eighteen years, and not a party to or interested in the above.entitled matter, I am the principal clerk 01 the printer 01 the S[AL BEACH JOURNAL .................................................... .................................................... a newspaper 01 general circulation, printed . W[[KL Y and publIshed ..............,.................., . , SEAL B[ACII In the CIty 01 ...................,....,......... County of Orange. and which new~. paper has been adjudged a newspaper 01 general circulation by the Superior Court 01 the Coun1y 01 Orange, State 01 Calilornia, underthedateor..,~,7,~~, 19,7,:', Case Number .AnZ~,6J....; that the notice, 01 which the annexed is a prinled copy (set in type not 'smaller Ihan nonpareil). has been published in each regular and entire issue of said new~paper and not in any sUPPlem~hereol on Ihe 101l0Wi? rtes, ~~:~~~:", .,/(J()&Cb, 2, '::/:""'" all in the yZ: 19.~. I cerlily (or declarel under penally 01 perjury that the loregoing Is true and correct, Fr.. npl" ot In.. IUlnll 'orm maw" 1'1: ,..',om CALIFORNIA NEWSPAPER SERVICE BUREAU,INC, Legal Advertising Clearing House 120 Wesl Second SI., Los Angeles, Calif. 90012 Telephone: 1213\ 625'2!>41 Pl.... 'lfIu.,t GENEAAL PtGo'" ,....Ucallon wh,n O'Germ. thl.,.,",. Thi~ spact! Is lor the County Clerk's Filing Stamp I Prool 01 Publication of :::::::::luk1~or~::a::::oo NOTICE OF pueuc HEAIlING NOTICE IS HEREBY GIVEN IhIt the .CIty Council of the C~ of Sal Beach will hold. ...bllc _Ill on MoneI8\', April 4, 1988,817,00 p.m. In tho C,- ty Council a._IS, 211 Ei&l1th . Street, SUI BelCh, Cllifam.1 to can- _the followllll Ib!m, - V_NCE WI (Appulld) 405 0p0I Cove A Requeit: to permit. 100m Iddition that IXCHds the mlllimum lot cover. for . Residentill La.v Den- sity District. and to pennit a bIy Win- dow that encroaches within the front ,.1lI_ck Codo Sections, 28-401, 28.2500 Environmental Review: This project Is OI"",,"c.lly ...mpt fram CEQA review <CIhfomla AdmimstTatlvt : Cod. SectIon 15301) AppIoClllll, R....rt Rooc05 Owner. Same At the IbIM tme and place all in- terested persons mav be heerd if so . desirod, OATED thl. 18111 cloy of Mon:h, 198B Edwolll M. Knl&l1l 01_ of llMlopment Servlc.. . M...,. 24. 1987 . Published In The SuI Beech Journal ~f! I I