HomeMy WebLinkAboutCC Res 2852 1979-01-22
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RESOLUTION NO. c28.5~
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
GRANTING APPROVAL TO AN APPEAL OF A PLANNING
COMMISSION DENIAL OF A VARIANCE FOR A FENCE
IN THE FRONT YARD SETBACK AT 305 CLIPPER WAY.
WHEREAS, an application was duly filed by M. James Warnemuende,
305 Clipper Way, for Variance V-14-78; and
WHEREAS, the property is described as Lot 47, Tract 6346, and is
more commonly known as 305 Clipper Way; and
WHEREAS, the proposal is for a fence in the front yard setback which
exceeds the maximum permitted height; and
WHEREAS, on September 20, 1978, the Planning Commission denied V-14-78,
by Resolution No. 1166 on the basis that no hardship was
demonstrated; and
WHEREAS, the applicant filed an appeal, A-1-78, on the Planning Commission's
denial; and
WHEREAS, on November 13, 1978, the City Council held a Public Hearing
on A-1-78, and referred the matter back to the Planning
Commission for further study; and
WHEREAS, on December 6, 1978, the Planning Commission reconsidered A-1-78,
and by Resolution No, 1177 recommended once again denial of
the appeal based on the following:
1. The fence was constructed without permits and in
violation of City Codes.
2. No evidence was submitted to demonstrate specific
hardship relating to the subject property; and
WHEREAS, on January 8, 1979, the City Council reviewed the Planning
Commission's report on the appeal and made a finding that
hardship does exist due to the unique design of the structure
and its configuration on the site, thereby causing hardship
due to the intrusion of street noise into the house.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Variance and grants Appeal, A-1-78.
PASSED, APPROVED AND ADOPTED In': thl\ City Co
Beach at a meeting held on ~",,-JI day 0
the following vote: )
the City of Seal
, 1979, by
AYES:
Councilmen
NOES: Councilmen
ABSTAIN: Councilmen
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-.;T-~ /
Mayor V
ATTEST: