HomeMy WebLinkAboutCC Res 2097 1972-05-08
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o RmOWTION NO. d611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH AFFIRMING PLANNING COMMISSION
RESOWTION NO. 620 JOO> DENYING APPEAL NO.
A-1-72 FILED BY JOHN ARTUKOVICH FROM PLANNING
COMMISSION DENIAL OF USE VARIANCE NO. UV-2-72
TO PERMIT A GROCERY STORE AND CAFE IN THE R-3
MULTIPLE RESIDENTIAL ZONE.
WHEREAS, in the matter ot Appeal Application No. A-1-72, the Planning CCIlIIIIission
of the City of Seal Beach did report as follows:
1. Subject case was initiated by John Artukovich, 16011 Meadow Crest Road,
Sherman Oaks, California, through his authorized agent, Antho~ Eggebrecht,
19861 Claremont Lane, Huntington Beach, California.
Subject property described as Parcel 28, Page 46lo; Book 178, Assessor's
Maps of Orange County, COllllllO~ known as C-17 Phillips St.. Surfside.
Subject proposal is to permit the operation of a store and cafe in an
R-3 Zone with no on-site parking.
Subject property has been periodically operated as a cOllllllercial facility
prior to and following annexation of the Surfside area.
The store has been closed since September, 1971, and the nonconforming use
would be considered abandoned a1'ter three months in accordance with
Sec. 1901.1 of the Code.
The proposed use would require 16 on-site parking spaces and none are
provided.
The Board of Directors of Surfside Colony, Ltd. did not provide any
recOllDllendation favoring or opposing the proposed cOllllllercial use.
A petition of approximately 150 signatures was received favoring the
request. Three persons spoke in tavor of the request.
Nine persons, some of whom, weJle members of the Board ot Directors, spoke
in opposition to a commercial operation.
Applicant stated no signs would be oriented towards Pacific Coast High~
and no coin-operated "pinball" machines would be installed at the premises.
WHEREAS, on April 5, 1972, the Planning Commission ot the City of Seal Beach did
de~ Use Variance No. UV-2-72 because it could establish an undesirable precedent
of allowing commercial uses in a residential zone; and
WHEREAS, the applicant subsequently appealed the Planning Commission's decision
to the City Council; and
WHEREAS, the matter ot the appeal from Planning CCIlIIIIission's denial of Use Variance
No. UV-2-72 cB.llle betore the City Council for public hearing at its regular meeting
of April 24, 1972, and after receiving test1mo~, the City Councillawtully
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 ot the appeal and public hearing
by the City Council upon this matter have been given, posted and mailed as
required by law, and
2. Each tinding heretotore made by the Planning Commission is true and each
such finding was and is supported by substantial evidence, and
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ResoJ.ution No.
3. The appeal of' John . Artukovich from the Seal Beach Planning Commission
Resolution No. 620 is denied, and the action of' the Seal Beach Planning
Commission adopting its Resolution No. 620 is af'f'i~d.
PASSED, APPROVED AND ADOPTED b,y the City COLlnc~ the City o~a.l Beach,
Calif'ornia, at a meeting thereof' held on the - - d~ of' 07-
1972, b,y the f'ollowing vote: .
AYES: Councilmen iJ~"...<,,6~nt.~ r:.Yi-'~~I.,.{L/7L;
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NOES: Councilmen ~~--......J'"
ABSENT: Councilmen ~
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