HomeMy WebLinkAboutPC Res 1338 - 1984-08-15
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RESOLUTION NUMBER 1338
A RESOLUTION OF THE SEAL BEACH
PLANNING COMMISSION DENYING VARIANCE
APPLICATION 7-84, A REQUEST TO ALLOW
DEVIATIONS FROM THE MUNICIPAL CODE
SIDE AND REAR YARD SETBACK REQUI REMENTS
(3580 TEABERRY CIRCLE)
'IHE PLANNING CCHUSSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
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an application was duly filed by Dan A. Newkirk, 3580 Teaberry
Circle, Seal Beach, California 90740; and
the property is described as, Lot 40 of Tract 6416 recorded
wi th the Recorder of Orange County; and
the subject property contains approximately 5,200 sq. ft.
and is located 186+ ft. north of the centerline of Almond
Avenue (3580 Teaberry Circle); and
the subject property has approximately 52 feet of frontage
on Teaberry Circle and a depth of 100 feet; and
the subject property contains a 2800 sq. ft. two-story single
family residence.
the surrounding land use and zoning are as follows:
North, East, South & West: Single family residences in the
R-l (Low Density Residential) zone; and
Teaberry Circle is a local street develoPed to its ultimate
master planned width of 45 feet; and
in late January, the City received a code enforcement complaint
about the construction of a spa and gazebo. After insPection
of the City records, it was found that this was constructed
without permits. Then the Chief Building Official inSPected
the property and left a notice that a building permdt must
be issued; and
on February 3, 1984, the staff sent a letter to the owner
outlining the violation with a l4~ay period to correct; and
on March 6th, staff received a letter from the property owner
acknowledging receipt of the Notice of Violation stating that
he would be in on March 12th to discuss the matter. (OWner
did not show.); and
on March 13, 1984, the applicant received a building permit.
No insPections have been called for or approved to this date;
and
on April 16 and May 10, 1984, staff received additional
complaint; and
on May 18,1984, staff sent a second Notice of Violation; and
on May 31, 1984, the property was inspected by City staff
noting that nothing has been done to correct matters with
red tag notice posted on property; and
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on June 1, 1984, the Principal Planner talked to the owner
on the matter at the counter. At that time the owner stated
that he would be correcting the violation by June 18, 1984;
and
on June 28, 1984, the applicant brought in a plot plan showing
the new "corrected" location of the gazebo, spa and deck.
Staff noted to applicant that the new location was still in
violation of the 10 ft. rear setback and that decks 18" above
grade are considered by code to be structures and must also
meet the code setback. He stated that he would be in the
next day for a variance application; and
on July 10, 1984, a variance application was filed with the
Planning Department; and
The applicant SPecifically proposed the following:
SETBACK (COOE)
REAR SIDE
1) 6 ft. x circular spa
2) 10 ft. x 10'x12' gazebo
3) 12 ft. x 12 ft. deck
6'(4')
5' (10)
2.5'(10')
6'(4')
5' (5' )
2.5'(5')
The applicant requested to deviate 5 ft. from the rear yard
setback for the gazebo, and 7.5 ft. from the rear yard setback
and 2.5 ft. from the sideyard setback for an elevated deck;
and
The Seal Beach Municipal Code defines structures as follows:
"Section 28-278 Structures: Structure means anything
constructed in the ground or anything which requires
location on the ground or which is attached to sanething
having location on or in the ground, but not including
fences or walls as fences less than six feet in height.
This definition excludes paved areas (Ord. #948);"
and
The structures are in violation of Section 28-240l(2)b Yard'
Dimensions (Minimums): Setbacks: Rear yard not abutting street
- District V - 10 feet; and
On August 15, 1984 the Planning Commission held a Public
Hearing on Variance 7-84; and
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 buildings and
structures.
2. The gazebo is located in a required setback.
3. That the structures were constructed without a building permit and
staff was made aware of this construction due to a code enforcement
complaint.
4. That the applicant had been notified of the Municipal Code violation
and after nmnerous contacts, has yet to make an effort to come into
substantial compliance as of this date.
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5. No special circumstances are applicable to the subject property that
depri YeS such property of the pri vileges enjoyed by other property
in the same vicinity and zone.
6. The variance would grant sPecial privileges inconsistent with the
l~itations upon other properties in the same vicinity.
7. The proposal violates the intent of Section 28-401 (2) b 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Camnission does hereby
deny Variance 7-84.
PASSED, APPROVED AND ADOPTED by the Planning Ccmmission of the City of
Seal Beach at a meeting thereof held on the 15th day of AU8ust ,
1984 by the following vote:
AYES: Ccmnissioner Cnving:tnn, Gn1r1F!nbF!riT PF!rrin. Murphy. Jessner
NOES: ccmnissioner Nnnp
ABSENT: Oammissioner Nnnp