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HomeMy WebLinkAboutPC Res 1463 - 1987-06-17 -- -- .# RESOLUTION NUMBER 1463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 5-87, A REQUEST TO PERMIT WALL ALONG THE SIDE PROPERTY LINE WITHIN THE FRONT YARD SETBACK WHICH EXCEEDS THE PERMITTED HEIGHT (340 OCEAN AVENUE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on April 29, 1987, Sandra Brayton Nair submitted an application for Variance 5-87 to the Department of Development Services; and WHEREAS, the applicant is requesting approval of a wall along the side property line within the front yard setback which exceeds the permitted height by approximately 20 inches; and WHEREAS, the subject property is a rectangular lot measuring 35 feet by 196 feet; and WHEREAS, the property is developed with a which is being remodeled, with an and single family home, 18 foot front yard; WHEREAS, the applicants constructed a concrete block wall on the western property line, 51-4" in height from finished grade, in accordance with the plans approved by the Department of Development Services; and WHEREAS, a Building Inspector noted that the wall in question exceeded the permitted fence height of 31-6", and advised the applicant to contact the planning staff before proceeding further; and WHEREAS, staff has requested the applicant to bring the fence into conformance with the 31-6" allowed under the Municipal code; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 3, 1987; and WHEREAS, the Planning Commission makes the following findings: 1- Variance 5-87 would not adversely affect the General Plan. The wall for which approval i s requested would not impact the low-density residential character of the subject property or that of the surrounding properties. 2. There do not exist special property-related circumstances which deprive the subject property of the privileges enjoyed by other property in the same vicinity and zone. The subject property is regular in shape and size, topography, location and surroundings. 3. The granting of Variance 5-87 would be a grant of special privilege, as no other properties in the planning district and zone may construct a fence in excess of 31-6" in the front yard; and WHEREAS, the Planning Commission does not make the required findings for a variance. ~ . . Resolution Number 1463 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Seal Beach does hereby deny Variance 5-87. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of June, 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Comm is s ion e r s fdlJ/t1f ~ jWJW. PultJJ I t:/ItAA/J, ~ Commissioners )1~ Commissioners /1~ Commissioners ndYLJ ommlsslon