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Home My WebLink AboutCC Res 3412 1984-10-08 RESOWTION NUMBER !!!!lL:J... A RESOWTION OF 'llfE CITY COUNCIL OF 'llfE CITY OF SEAL BEACH, CALIFORNIA, DENYI~ APPFAL A-3-84 FILED Ql 'llfE PLANNI~ CQ!otUSSION'S DENIAL OF VARIANCE V-7-84 'llfE CITY COUNCIL OF 'llfE CITY OF SEAL BEACH HEREBY RESOLVES: I WHEREAS, an application was duly filed by Dan A. Newkirk, 3580 Teaberry Circle, Seal Beach, California 90740; and WHEREAS, the property is described as Lot 40 of Tract 6416 recorded with the Recorder of Orange County; and WHEREAS, the subject property contains approximately 5,200 sq. ft. and is located 186+ north of the centerline of Almond Avenue (3580 Teaberry Circle) I and WHEREAS, the subject property contains a 280 sq. ft. two-story single family residence; and WHEREAS, the surrounding land use and zoning are as follows: North, East, South & West: Single family residences in the R-l (Low Density Residential) zone; and WHEREAS, Teaberry Circle is a local street developed to its ultimate master planned width of 45 feet; and WHEREAS, in late January, the City received a code enforcement cooplaint about the construction of a spa and a gazebo. After inspection of the City records, it was found that this was constructed without permits. Then the Chief Building Official inspected the property and left a notice that a building permit IlUSt be issued; and I WHEREAS, on February 3, 1984, staff sent a letter to the owner outlining the violation with a 14-day period to correct; and WHEREAS, on March 6th, staff received a letter fran the property owner acknowledging receipt of the Notice of Violation stating that he would be in on March 12th to discuss the matter. (OWner did not show.); and WHEREAS, on March 13, 1984, the applicant received a building permit. No inspections have been called for or approved to this date; and WHEREAS, WHEREAS , WHEREAS , I WHEREAS, on April 16 and May 10, 1984, staff received an additional cooplaint; and on May 18, 1984, staff sent a second Notice of Violation; and on May 3, 1984, the property was inspected by Ci ty staff noting that nothing has been done to correct matters with red tag notice posted on property; and on June 1, 1984, the Principal Planner talked to the owner on the matter at the counter. At that time the owner stated that he would be correcting the violation by June 18, 1984; and Resolution Number ~~~ WHEREAS, on June 28, 1984, the applicant brought in a plot plan showing the new "corrected" location of the gazebo, spa and deck. Staff noted to applicant that the new location was still in violation of the 10 ft. rear setback and that decks 18" above grade are considered by code to be structures and must also meet the code setback. He stated that he would be in the next day for a variance application; and WHEREAS, on July 10, 1984, a variance application was filed with the Planning Deparbnent; and I WHEREAS, on or about Juy 22, 1984 the applicant reconstructed his structure to the proposed requested location; and ~EREAS, the applicant specifically proposed the following: . SETBACK (CCDE) REAR SIDE 1) 6 ft. x circular spa 2) 10 ft. x 10' x 12' gazebo 3) 12 ft. x 12 ft. deck 6' (4') 5' (10') 5' (10') 6' (4') 5' (5') 5' (5') WHEREAS, the applicant requested to deviate five feet fran the rear yard setack for the gazebo and deck; and WHEREAS, the Seal Beach Municipal Code defines structures as follows: "Section 28-278 Structures: Structure means anything constructed in the ground or anything which requires location on the ground or which is attached to sanething having location on or in the ground, but not including fences or walls as fences less than six feet in height. This definition excludes paved areas (Ord. #948); and I WHEREAS, the structures are in violation of Section 28-2401 (2) b Yard Dimensions (Minimums): Setbacks: Rear yard not abutting street - District V - 10 feet; and WHEREAS, on August 15, 1984 the Planning Carmission held a public hearing on Variance 7-84 and denied the application through adoption of Resolution No. 1338; and WHEREAS, on Auglis~.. 24, 1984 the applicant made an application to appeal Planning Commission Resolution No. 1338; and WHEREAS, on October 3, 1984 the City Council received the Planning Commission's report and recomnendations; and WHEREAS, the City Council makes the fOllowing findings regarding Appeal A-3-84: 1) The proposal conflicts with the intent of Article 3, Section 28-300 to regulate and to limit the type, height and bulk of buildings and structures in the various districts and zones, and to regulate the areas of yards and other open areas about and between buildings and structures. 2) The gazebo is located in a required setback. 3) That the structures were constructed without a building permit and staff was made aware of this construction due to a code enforcement complaint. I I I I Resolution Number ~.yI/~ ,.. ',. 4) That the applicant had been notified of the Municipal Code violation and after n\mlE!rous contacts, has yet to come into substantial compliance as of this date. 5) No special circumstances are applicable to the subject property that deprives such property of the privileges enjoyed by other property in the same vicinity and zone. 6) The variance would grant special privileges inconsistent with the limitations upon other properties in the same vicinity. I 7) The proposal violates the intent of Section 28-401 (2)b of the Municipal Code. 8) That legal grounds for approval of a variance under the Seal Beach Municipal Code do not exist for this application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby deny Appeal A-3-84. PASSED, APPROVED AND AOOPTED by the City Council of the City/9j: Seal Beach at a meeting thereaf held on the lJ{l day of If)~.:t;jLJ, 1984, by the following votj!( AYFS: Counci~r~...w..J~414~ fl~-st;J/~6~' NOES: cClUnc~~rs ,~ ABSENT: Councl~rs ~ -(2;,-'u", &~. -~. - ,--- Mayor _ -----..... -=" Of SIAl ~~ .e:~~;';;~.'f~ ~l~'"i', 4>4"o,:cX ~_. o.:~'& ~'V...:.. ~.. ~ 11 ~ 'f-;., 0....0.., \..,~/.o ...~.. It 27,~~\{G (':0...... ,..... ClJd'I' ATTEST: ()~"<I~( a C' Clerk I STATE OF CALIFORNIA ) CXlJNTY OF ORAK;E ) SS CITY OF SFAL BmcH ) I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, do hereby certify that the f~~ng resolution is the original copy of Resolution Number ;r file in the office of the City Clerk, passed, approved and opted by the City Council of the q City Of~ a regular meeting thereaf held on the B- day of , 1984. Y:~~PhC/J Reso 1 uti on Number ..:!/f/.:l, PROOF OF PUBLICA YION (2015.5 C.C.P.) 57ATE OF CALIFORNIA. County of Orange I am a citizen at the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or interested 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... j~e.-:tcJ.7...................... in the City of ..~'!~L~~~I.'.................. County of Orange. and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the dateof..P.~j:.t.. 19 ~.?. Case Number ..../W.:!91l\i...; thatthe 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 toll owing dates. to-wit: ......~.~Jl.t~'P~,1:..:!~~~......................... all in the year 19..~.1. I certify (or declare) under penalty of perjury that the toregoing is true and correct . Dated at. 'seaL. !leach........................ . ..................... F.... co..e. of tllil blanll form ...ay ... secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC.. Legal Advertising Clearing House 120 West Second St.. Los Angeles. Calif. 90012 Telephone: (2131 625.2541 ~I.... rellUHt GBN.RAL ptn' af Pullllcatlon when D'....ln. thl, form. This space is for the County Clerk's Filing Stamp I Proof of Publication of ...r...................................................... .......................................................... "'~1!'\1p P1Ia~'1Itiiirllf! NOTICE IS HEREBY GIVEN THAT the " public hearin. scheduled before the. Seal Beach City Counal on September_ 24, 1984 relatlnl to AppNI 3-84 of 0111 A. N_I1<. 3580 TeoIleny CIn:Io. ' IS hereby postponed. The publIC hear.; in. on Appell 3-84, III ,ppul to the. Seal _ PIannina CAlmmisIKln'.j denlll of Varllnce 7-84, I request tD dewlltl from the required r.- yard~ (101 setback by.... (5) feet. w,lI be, held It the ....111' City COunc~' meetI...oIMondoy.~r8,1984. at 7.00 p.m. in City Council Cha_ 211 . 8th S...... SeoI Beach. (PIami.. Commission R.... tlon No. 1338). oo!o OATEOTHIS 18thdayol~ 1984, .IolIn.. M, Teo. City L~ C.1v 01 Seal B..... I S_ber 2fl. 1984, I I , I