Loading...
HomeMy WebLinkAboutCC Res 5570 2007-07-23 RESOLUTION NUMBER 5570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 07-2, A REQUEST TO ALLOW A 7-FooT HIGH WALL ALONG THE STREET SIDE AND REAR YARD PROPERTY LINES AT 429 BERYL COVE WAY THE CITY COUNCil.. OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: I Section 1. On March 2, 2007, Nora and Leo Varshavsky applied for Variance 07-2 seeking to construct a 7-foot high block wall along the street side yard and rear yard property lines where a 6-foot high wall is currently allowed ("Project") at 429 Beryl Cove Way ("subject property"), located in the area of the City designated as Planning District 5. Section 2. Pursuant to the Seal Beach Municipal Code, the City may approve a variance request, subject to finding that the standards being modified or waived by the variance does not adversely affect the General Plan, that special circumstances applicable to the property would deprive such property of privileges enjoyed by other property in the same vicinity and zone, and the granting of a variance will not constitute a grant of special privilege. The proposal conforms to the density requirements of 1 unit per 5,000 square feet of lot area and the minimum lot size of 5,500 per unit in the District 5, Residential Low Density (RL) zone. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A ~f the City's Local CEQA Guidelines, staff has determined as follows: The application 'for Variance No. 07-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. I Section 4. After a duly noticed public hearing held on April 4, 2007, the Planning Commission adopted Planning Commission Resolution No. 07-18, conditionally approving the requested 7-foot high walls, subject to certain conditions designed to ensure compatibility with surrounding uses, the community in general, and the General Plan. Section 5. The Applicant duly filed a notice of appeal, objecting to the condition imposing a setback along Marlin Avenue for the approved 7-foot high wall. Section 6. The City Council considered the appeal at a duly noticed public hearing held on June 25, 2007. Numerous speakers, including the applicant, spoke in favor of the application. In addition, the City received several letters in support of the proposed project. Section 7. The record of the hearing indicates the following: (a) On March 2, 2007, Nora and Leo Varshavsky applied for Variance 07-2 with the Department of Development Services and are seeking approval to construct a 7-foot high block wall along the street side yard and rear yard property lines where a 6- foot high wall is currently allowed. I (b) The subject property contains approximately 5,600 sq. ft. and is located on the southwest comer of Beryl Cove Way and Marlin Avenue (429 Beryl Cove Way). (c) The subject property contains an existing, legal, single-family residential home with an attached 2-car garage. " " ,~.. . ". !" Resolution Number 5570 (d) The subject property has 100 feet of frontage on Marlin Avenue and 56 feet of frontage on Beryl Cove Way. The "front" of the lot is on Beryl Cove Way, even though the garage entry is from Marlin Way. (e) The surrounding land uses and zoning are as follows: All Directions except North: Single-family residential homes located in the Residential Low Density (RLD) Zone. I North: McGaugh Elementary School in the Public Land UselRecreation (pLUIR) Zone. (f) The Seal Beach Municipal Code Section 28-2316 sets forth the following requirements regarding heights of walls for properties located in the in the Residential Low Density Zone, District I: Front Yard Abutting Street 3.5 feet high in required 18-foot front setback area (Section 28-2316.A.l.b) Side Yard Not Abutting Street 6 feet high (Section 28-2316.A.2.a) 6 feet high (Section 28-2316.A.3.a) 6 feet high (Section 28-2316.A.2.b) Rear Yard Not Abutting Street Side Yard Abutting Street (g) The Code allows fences to be higher than the above requirements in certain specified areas in Section 28-2316.B.8. The subject property is not located in any of the specified areas where a higher fence is allowed. (h) Marlin Avenue adjacent to McGaugh School has 45 feet of right- of-way, and has 60 feet of right-of-way westerly of Riviera Drive. I (i) The playground area for McGaugh Elementary School is located across Marlin A venue from the subject property. The playground is approximately 2' -7" higher in elevation than the subject property, and has a chain link fence separating the playground area from Marlin Avenue. The change in grade elevation between the subject property and home and the school results in a lack of privacy due to the ability of persons on the school grounds to be able to clearly see over the street-side fence and directly into the private yard area and living areas of the home. In addition, Marlin Avenue adjacent to McGaugh School has 45 feet of right-of-way, IS feet less right-of-way than westerly of Riviera Drive. The reduced street WIdth results in the school facilities being located approximately IS-feet closer to residences than exist along the Riviera side of the school grounds. (j) The subject parcel is one of 4 parcels that do not directly face the school playground area along the south side of Marlin Avenue. There are 5 parcels that have their front yards facing the school playground, and therefore do not have the main bedroom areas or their outdoor yard areas visible from the elevated playground area of the school. I (k) The subject property is approximately 2'-7" lower in elevation than the school playground, resulting in a lack of normal privacy for use of the yard area and the living areas of the home on the subject property that are visible from the playground area. The request for a 7-foot high wall with a maximum length of 53 feet from the rear property line, and a 7 -foot high extension of that wall across the back of the subject property, is being made to allow for an adequate wall height for the privacy of the homeowner in their yard and home. The strict application of the wall height requirements would restrict the nonnal enjoyment and u~e of their yard area and the living areas of the home. (I) Oral evidence was presented at the public hearing as to the potential negative impacts created by the requirement to set the property line wall along Marlin back and landscape the setback area. Photographic evidence was presented at the Resolution Number 5570 public hearing demonstrating how water and landscaping in similar situations within the neighborhood result in standing water, and staining of sidewalks and walls. Section 8. Based upon the facts contained in the record, including those stated in Sections 1 through 7 of this resolution and pursuant to ~~ 28-2316, 28-2500, 28- 2501, and 28-2502 of the City's Code, the City Council hereby finds as follows: (a) Variance 07-2, as recommended, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Low Density" designation for the subject property and permits residential land uses in accordance with certain development standards. The proposed 7-foot high wall with a maximum length of 53 feet from the rear property line along Marlin Avenue and the proposed 7 -foot high wall across the back of the subject property will allow for the continued use of the residential property with the ability to maintain a reasonable level of privacy, which is one of the goals of the Land Use Element. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. I (b) Because of the special circumstances applicable to the property, including the location of the playfields for McGaugh Elementary School directly across the street from the subject property, the playfield being approximately 2'-7" higher than the subject property, and the reduced right-of-way width of Marlin Avenue adjacent to the school, the strict application of the Zoning Code deprives the property of privileges enjoyed by other property in the same vicinity and zone. Specifically, the subject property has the side and rear yards visible from the school playfield and as a result the side and rear yards and main living areas of the subject property are clearly visible to persons on the playfield. The reduced street width adjacent to McGaugh School results in the playfield areas being located approximately IS feet closer than would exist if Marlin Avenue was built at the width of 60 feet, as exists west of the school facility. The strict application of the wall height requirements would result in a loss of normal privacy at a residential use in a residential zoning district. (c) The granting of this variance will not constitute a grant of special privilege inconsistent with other limitations on other properties in the same vicinity and zone, given that only 4 other properties in the vicinity have similar lot orientations, and because the variance allows the subject property to maintain useable outdoor recreation areas and utilization of interior living spaces roughly equivalent to that of the standard parcels in the surrounding area. I (d) The subject property is unique physically in that it is one of 4 parcels that do not directly face the school playground area along the south side of Marlin A venue. There are 5 parcels that have their front yards facing the school playground, and therefore do not have the main bedroom areas or their outdoor yard areas visible from the elevated playground area of the school. (e) The variance, as recommended for approval for the provision of a 7-foot high wall with a maximum length of 53 feet from the rear property line along Marlin Avenue and a proposed 7-foot high wall across the back of the subject property would not be detrimental to adjoining properties as the variance requested on the street side property line would allow for a wall I-foot higher than is currently permitted to be located in the same location. The requested variance along the Marlin A venue side of the property will not be detrimental to adjoining properties, as the nearest properties on the Marlin Avenue side are across Marlin Avenue, which is 45 feet in width, and the requested variance consists of a 1 foot increase in the height of a wall, and encompass a total length of 53 feet. Marlin Avenue west of McGaugh School has 60 feet of right-of- way. I (f) The granting of the requested variance for the proposed 7-foot wall across the rear property line occurs in an area where the privacy Intrusion issues from the elevated playfield slide equipment allow for viewing into the rear yard of the subject property, resulting in a loss of privacy in this area of the property unless the requested variance were to be approved. I I 'l40l. .... .., " . Resolution Number 5570 (g) The granting of the requested variance, as conditioned, will allow for the continued use of the residential property with ihe ability to maintain a reasonable level of privacy for those areas of the home that are directly visible from the elevated playfield areas and elevated playground equipment located at McGaugh School. Section 7. Based upon the foregoing, the City Council hereby approves Variance No. 07-2, subject to the following conditions: 1. Variance 07-2 is approved for the construction of a maximum 7-foot high street side property line wall with a maximum length of 53 feet from the rear property line and a 7-foot high wall across the rear property line at 429 Beryl Cove Way. 2. All construction shall be in substantial compliance with the plans approved through Variance 07-2. 3. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 day appeal period has elapsed. 4. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 23rd day of Julv ,2007 by the following vote: A YES: COUNCil..MEMBERS.O/fdzu, ~ ~. J4a..k, 7fdvn. NOES: COUNCil..MEMBERS ~ ABSENT: COUNCil..MEMBERS ~ .~cJ)L,{\~ Mayor ~ ity Cler~ ~~ I STATE OF CALIFORNIA .} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that the foregoing resolutions is the original copy of Resolution Number 5570 on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal each at a re lar meeting hereof held on the 23rd day of Julv ,2007.