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Home My WebLink AboutCC Res 3393 1984-06-25 RESOLUTION NUMBER ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING APPEAL A-l-84 FILED ON THE PLANNING COMMISSION'S DENIAL OF VARIANCE V-6-84 THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES: WHEREAS, an application was duly filed by Gregory M. Shaffer, 328 12th Street, #3, Seal Beach, California 90740; and WHEREAS, the property is described as Lot 28 of Block 212 of the Bayview Tract, as per map recorded in Book 8, Page 91 of Miscellaneous Maps, of the Orange County Recorder; and I WHEREAS, the proposal is for a major two-story addition to a legal non-conforming property without providing the required parking: and WHEREAS, the subject property contains approximately 2,938 square feet and is located on the east side of 12th Street approximately 105 feet south of the centerline of Landing Avenue (328 12th Street); and WHEREAS, the subject property has approximately 25 feet of frontage on 12th Street and a depth of 117.50 feet: and WHEREAS, the subject property prior to construction contained a legal non-conforming triplex without covered parking; and WHEREAS, surrounding land use and zoning are as follows: North - conforming one story, single family residence East - legal non-conforming two-story duplex South - legal non-conforming one story triplex West - conforming one story, single family residence I All in the R-3 (High Density Residential) zone; and WHEREAS, 12th Street is a principal street developed to its ultimate master planned width of 60 feet; and WHEREAS, on October 21, 1983, the applicant applied for and received a Building Permit for a "room addition, laundry room modification, garage addition (braced for two-story), 380 square foot garage, 90 square foot of living area"; and WHEREAS, on February 27, 1984, the contractor applied for and over the counter received a building permit for an "addition of second story bedroom and bath, supplement to garage permit"; and WHEREAS, on March 22, 1984, a "Stop Work Notice" was placed on the construction of an addition to a non-conforming property in violation of Section 28-804 and 28-2407 of the Seal Beach Municipal Code; and WHEREAS, the applicant stated that he sp,ent $21,000 on the addition prior to the "Stop Work Notice' being issued; and I WHEREAS, on March 28, 1984, a Variance Application was made by Gregory Shaffer requesting approval of the partially constructed "addition of a garage and bedroom to a non- conforming building" without providing the required parking; and Reso1 uti on Number 3:1 9~ I WHEREAS, specifically, the applicant requested the following: Lot Dimension: 25'x l17.5' Lot Size: 2,938 sq. ft. Proposed Addition Height: 19 ft. Proposed Addition Width: 19 ft. Proposed Addition Length: 28 ft. Number of Units: 3 (Code 1 unit) Parking: 2 car garage off a11ey(Code requires 6-car garage) Existing triplex size: l,350! sq. ft. Fi rst Floor: Garage Laundry Front Room 386 sq. ft. 43 sq. ft. l03 sq. ft. Second Floor Bedroom & Bath 532 sq. ft. WHEREAS, Total proposed sq. ft. addition: 1,064 sq. ft. (79% increase of square footage); and on August 19, 1981. the Planning Commission denied V- 6-84 by Resolution No. 1325 on the basis that no hardship as defined by Section 28-2502 of the Zoning Ordinance; and WHEREAS, the applicant filed Appeal A-1-84 on the basis that hardship exists due to circumstances beyond his control; and WHEREAS, on June 25, 1984, the City Council received the Planning Commission's report and recommendations; and WHEREAS, the City Council makes the following findings regarding Appeal A-1-84: I 1) Unnecessary hardships exist with this application which were not created by the applicant, but rather by the erroneous issuance of building permits by the City. 2) A financial hardship was created through no fault of the applicant who expended substantial sums of money in reliance upon the permits issued by the City. 3) Approval of the Appeal will not cause any precedent for higher density approvals in any zone of the City and will not be harmful to the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby grant Appeal A-1-84, subject to the following conditions: 1) That all new construction shall conform to all requirements of the Building Code. 2) Necessary documents shall be executed by the applicant, as approved by the City Attorney, restricting the density of the development to the existing density on the property. I PASSED, APPROVED AND ADOPTED by the City Councj!.p'f the Ci Seal Beach at a meeting th eof held on the ~~~ day of 1984, by the following vo AYES: Councilmembe NOES: Councilmembers ABSENT: Councilmember Q& 1U ~-- ~ -- Mayor ,~q- -- "3> 9"...& ( .a 1 y Clerk / ~7~Xi\\\\\ _..:f" 0" ~r:l\L 8\\111 .:- ..' . " "lo~:to I'. ., .: .:.,' '~o" oil_to. Of.... /. 11'4 I...:.' 't:':'oo'S'IJ ~ Vo ~ ....:.l... (-.:,\ 0 hZ -:. " ~ ,-\ ~..,.. ~ ",,' I .~o g ~ .' I 0 <~ ?'.:" ~. ':.;':1 r l:i.= - ~ It I '--"'" 't..:::: ~ ~., ". ~ .. ~~ j. '.. I., ,q..... 00 ~O~ ,. ,. 00 ,,- ", :" ~ ..r~ ...~: . . ".', ._.1 C.r~ '..;..' .'.1":$ ":::'.\:~~ Reso 1 uti on Number iJatj 3 ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the fore~oing resolution is the original copy of Resolution Number ~~::r on file in the office of the City Clerk, p. d, approved an~ted by the City Council of the .~ City 0 Seal Beach at a regular meeting thereof held on the ~~~ dQ~ ,l~4, @4w,iJJJLfJ 1 Clerk I I I I I Resolution Number .339~ PROOF OF PUBLICATION (2015.5 C.C.P.1 S,ATE OF CALIFORNIA. County of Orange I am a citizen of the United States a'nd a resident of the County aforesaid; 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 of the printer of the :::::~~~~~~~~~~~~~~::..... a newspaper of general circulli~' printed and published ........L{k,l.~L~..... . /' D I"~.l) /J In the City of .....v.u~.~..;d,1-.K...r County of Orange. and which news. paper has been adjudged a newspaper of general circulation by the Super-lor Court of the County of Orange, State of California, underthedateof.,g)~, 19 ~$ Case Number Aj'jJiJ...; that the notice, oJf which the annexed is a printed copy (set in type not 'smaller than nonpareill, has bee" published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Q ;:~.;~..;~~~~~~~~.................... , I certify (or declarel under penalty of perjury that the for~oing is true and correct., ,1/' ~ Dated at .....~L..'"~d',;~ .~... f'Hh' o;..,,:J. !:J- Callforn~a, ~hiS..,.(.~,:,:day t:i-~.9 J,:'. . ..........\.M..(/. . . ;/..../~~Jt.41e.':.:4.) , 5 ture .' ! F.... c.,.n of tllil IlIlnle form "'.V be sKured from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 West Second SP., Los Angeles. Calif, \10012 Telephone: 1213\ 625-2541 ~I.... 'MlUH' GBNBRAL ......, Of PublicltlDII when .rller.n. 'till farm. This space is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... .......................................................... ~ IlliTICE OF PUILIi: HEARING NOTICE IS HEREBY GIVEN lh.tth. 'City Council of the City of Seal Beach :.111 conduct a public hearing on Mon- Idly, June 25, 1984. at 7:00 p.m. In fthe Crty Council Chombers, 211 . Bth StrHt, SUI Beach. california, to hear In. IPPIlCltlon of. FGREGORY M, SHAFFER, APPEAL '. A-HI4 ~. An appeal of the Seal Beach Plann- Ina Commi'SrSlon's denial of Yanance 6-84. . request to allow a fnlJOr two- story addition to a le.al non- canfamunl property wrthout providing the _hod porlc;IIII_1I32B - 12th Street. SectIon 2B-804, 28-2407 I. Planning Commisston Resolution No. 1325 [DATED THIS 4th Day of June, 1984, .:Joanne M. Yeo, City Clerk City of Sell Beach :.Iune 6. 1984 ,Published In thp Seal Beach Journal , ' ."