HomeMy WebLinkAboutCC Res 2175 1973-02-12
I
I
I
.
- ...".
~
:""
RESOLUTION NO. J'15"
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY
OF SEAL BEACH AFFIRMING PLANNING COMMISSION
RESOWTION NO. 714 AND DENYING APPEAL A-1-73
FILED BY ltENNETH L. BRANDAU.
WHEREAS, in the matter of Appeal Application No. A-1-73, the Planning COIIIIIission
of the City of Seal Beach did report and find as follows:
1. Subject case initiated by Kenneth L. Brandau, 424 Corsair Way, Seal Beach.
2. Subject property described as Lot 45, Tract 6345.
3. Subject proposal is to allow a patio,lstructure in required side yard, a
similar structure at the rear of the property and a fence to remain which
is 8'9" high.
4. Public hearing was opened on December 20, 1972.
WHEREAS. on December 20, 1972, the Planning Commission denied V-59-72 by
Resolution 714 for the reasons that:
1. Structures were built without permits or approval by the Architectural
ReView Board.
2. Provisions of the Precise Plan for the area allow fences a maximum height
of 8 feet.
3. The 6 foot side yard on the subject property is a required yard and must
remain open and unobstructed from the ground to the sky.
4. One written protest was received objecting to any variance from the code
or precise plan.
5. No hardship seems to be demonstrated that WDuld warrant a fence of, 8' 9" or
structures to encroach into required yards. '
WHEREAS. the applicant subsequently appealed the Planning Commission's decision
to the City Council; and
WHEREAS, the matter of the appeal from the Planning COIIDDission's denial of the
variance, V-59-72, came before the City Council for public hearing at its regular
meeting of January 22, 1973, and after receiving testimony the City Council
lawfully concluded and closed said public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach as
follows:
1. All notices required by law and by ordinance of the appeal and public hearing
by the City Council upon this matter have been given, posted or mailed as
required by law, and
2. Each finding heretofore made by the Planning Commission is true and each such
finding was and is supported by substantial evidence, and
3. rile appeal of Kenneth L. Brandau from the Seal Beach Planning Commission
Resolution No. 714 is denied, and the action of the Seal Beach Planning
Commission adopting its Resolution No. 714 is affirmed.
PASSED, APPROVED AND ADOPTED by the City C2!clDft! of the :2Y of Seal Beach,
California, at a maeting thereof on the ,/,d:{ day Ofl 'LA/..._A....~73,
by the following vote: