HomeMy WebLinkAboutPC Res 1324 - 1984-05-16
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RESOLUTION NUMBER 1324
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
DENYING VARIANCE APPLICATION 5-84, A REQUEST TO
DEVIATE FROM SEAL BEACH MUNICIPAL CODE SETBACK
AND HEIGHT REQUIREMENTS (4501 ELDER AVENUE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
an application was duly filed by Larry H. Parker, 4501
Elder Avenue, Seal Beach, California; and
the subject property is described as Lot 3 of Tract 6415,
as per map recorded on Book 237, Pages 9 and 10 of
Miscellaneous Maps, recorded by Clerk of Orange County; and
the subject property contains approximately 5,408 square feet
and is located 116 feet west of the centerline of Heather
Street (4501 Elder Avenue); and
the subject property has approximately 52 feet of frontage
on Elder Avenue and a depth of 103.5 feet; and
the subject property contains a two-story single family
residence; and
the surr.oundjng land use and zoning ar.e as follows:
North --Single Family Residence, R-l (Low Density Residential
Zone)
East -- II II II II "
South -- " " " " "
West -- " " " " " t. and
Elder Avenue is a local street developed to its ultimate master
planned width of 49 feet; and
the subject property has a concrete block wall approximately
6 feet in height along the east, north and west property line; and
WHEREAS, the applicant specifically proposed the following:
East North West
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Length of wall to be used 50' 52' 45'
Number of 2"X6" supports
per wa 11 3 3 3
Average height of supports 4' 4' 41
Average height of wall
with supports 101 10' 10' and
WHEREAS, the supports are strung with 9-gauge wire and to be used as a
vine screen; and
WHEREAS,
WHEREAS,
the vine screen exceeds Sec. 28-2316, particularly Common
lot lines. A wall, fence, hedge, or screen planting hot more
than six feet in height may be located along or within one
foot of the common line between the lots subject only to the
lesser of the two restrictions applying to the two adjoining
lots and buildings thereon as per the other paragraphs of this
section; and
by exceeding the 61 height limit the vine screen is defined as
a structure as per Sec. 28-278. Structure. "Structure" means
anything constructed in the ground or anything which requires
location on the ground or which is attached to something having
location on or in the ground, but not including fences or walls
used as fences less than six feet in height. This definition
excludes paved areas. (Ordinance Number 948); and
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RESOLUTION NUMBER 1324
Page 2
WHEREAS, the structure is in violation of Section 28-401(2)b
Yard Dimensions (Minimums):
Setbacks: Side Yard Not Abutting Street, District V,
Five Feet
Rear Yard Not Abutting Street, District V,
10 feet; and
WHEREAS, staff has received many complaints about the unsightliness
of the structure; and
WHEREAS, on January 14, the Building Department inspected the
structure and reported facts to Planning staff; and
WHEREAS, on February 14, a certified letter was sent to the
applicant with "Notice of Violation"; and
WHEREAS, on February 24, a letter was received from Larry Parker
asking for a two-week period to study situation; and
WHEREAS, on March 5 a letter was received from Larry Parker
notifying staff of his intention to file for Variance;
and
WHEREAS, on April 18, a Variance application was filed with
Planning Department; and
WHEREAS, Mr. Trigg, 4464 Elder Avenue, Seal Beach, California,
requested to go on record as being in direct opposition
to the Variance; and
WHEREAS, a public meeting of the Planning Commission was held
on May 2, 1984; and
WHEREAS, two persons spoke in favor and two against the application;
and
WHEREAS, the Planning Commission makes the following findings
regarding the Variance:
1. The proposal conflicts with the intent of Article 3,
Section 28-300 to regulate and to limit the type, height
and bulk of buildings and structures in the various
districts and zones, and to regulate the areas of yards
and other open areas about and between buildines and
structures.
2. The vine screen grossly exceeds the six foot height
limitation.
3. The vine screen is located in a required setback.
4. No special circumstances are applicable to the property
that deprives such property of the privileges enjoyed
by other property in the same vicinity and zone.
5. The proposal is not consistent with surrounding area.
6. The Variance would grant special privileges inconsistent
with the limitations upon other properties in the same
vicinity.
7. The proposal violates the intent of Section 28-401(2)b,
28-2316 and 28-278 of the Municipal Code.
8. That legal grounds for approval of a Variance under
Section 65906 of the California Government Code do
not exist for this application.
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RESOLUTION NUMBER 1324
Page 3
9. That the addition of tha screen planting structure
to the surrounding perimeter walls will produce a clear
and certain threat to public health, safety and welfare
in the event of a gale force wind in any direction.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
does hereby deny Variance 5-84.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 16th day
of May, 1984 by the following vote:
AYES: Commissioners Covington, Hunt, and Jessner
NOES: Commissioners None
ABSENT: Commissioners Goldenberg, Perrin
Cha;rman~~