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HomeMy WebLinkAboutCC Res 2688 1977-08-08 I I I .' . . .' RESOLUTION NO. d?~ go- r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OENYING APPEAL A-2-77 FILEO BY OWEN KUPFER ON PLANNING COMMISSION DENIAL OF VARIANCE V-8-77. WHEREAS, an appli'cation was duly filed by Owen Kupfer for Variance V-8-77; and WHEREAS, the property is described as Lots 12 and 14, Block 11, Bay City Tract and i's more commonly known as 112 11 th Street; and WHEREAS, the proposal is for a fence in the pub11'c right-of-way which exceeds the maximum permitted height and does not comply wtth the vtsion clearance provisions at alley and street tntel'secttons; and WHEREAS, on Aprtl 20, 1977, the Planning Commtssion deni'ed Vadance V-8-77 by, Resol ution No. 1059 on the basts that no hardshl'p exi'sts :to warrant a fence of that height tn the publ tc ri ght-of-way whtch does not comply wttti- the vi'si'on cl earance provi'sions at alley and street tntersections; and WHEREAS, the applicant appealed the Planning Commission's denial of V-8-77 to the ctty Council; and WHEREAS, on the basi's of infonnation contained in a revised plot plan and a letter dated June 10, 1977, the City Council referred Appeal A-2-77 back to the Planning Commission for a further report; and WHEREAS, on July 6, 1977, the Planning Commission considered the matter of Appeal A-2-77 and reported back to the City Council by Resolution 1068 with a reconmendation ttiat the appeal be dented on the basi'S that there were ordinances restricttng height and locatton of fences in 1974 when the subject fence was constructed; and WHEREAS" on July 25,1977, the Ci'ty Council received the Planntng Conmi'sston's report and recommendation and, by minute order action, denied Appeal A-2-77 on the basts that: 1. In 1~74, there were ordinances regulattng improvement in the publ ic right-of"way and requi'ring puBltc works permtts for same (Ordinance 912). 2. In 1974, there were ordinances restricting fences in the front yard setback to 42 inches in height and requiring buildtng permits for fences in excess of 42 inches COrdi nance 894). 3. In 1974, there were ordinances requiring vision clearance at alley and street intersections (Ordinance,847).' 4. There were no unusual circumstances relating to the property which deprive this property of privileges enjoyed by other properties in the same vici'nity or zone. -:. I I I . Resolution Nu~e~ ' . NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby affirm the July 25, 1977, minute order action and deny Appeal A-2-77. PASSED AND APPROVED on the 8~ day of Q~UA~ ,1977, by the following vote: f) ~ /,:. ~J AYES: Councilmen ~,~&~~ ~d-,f( u..;~ Co"","_ ~4 ABSENT: Councilmen ________~------- _____ NOES: '-~!b'~' ~-'~ ./ J.... ..... . ,... ...~...... :';;:'- " ")' J.... JI"" .... ......";:":'" .,... ,