HomeMy WebLinkAboutPC Res 1353 - 1984-12-05
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RESOLUTION NUMBER 1353
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION DENYING APPEAL OF ADMINISTRATIVE
ACTION, ADMINISTRATIVE APPEAL 1-84, A REQUEST TO
PERMIT CONSTRUCTION OF A PLANTER AND WALL
ACROSS AN EXISTING DRIVEWAY (408 MARBLE COVE)
The Planning Commission of the City of Seal Beach, California,
hereby resolves:
WHEREAS, an application was duly filed by Len and Debby Daniello,
408 Marble Cove, Seal Beach, California; and
WHEREAS, the subject property is described as Lot 150 of Tract
2591 as recorded by the Clerk of Orange County; and
WHEREAS, the subject property contains approximately 5,100
square feet and is located 300 feet south of the center
line of Marlin Avenue (408 Marble Cove); and
WHEREAS, the subject property contains a one story single family
residence; and
WHEREAS, the surrounding land use and zoning are as follows:
North - Single Family Residential, R-l (Low Density
Residential Zone)
East - Single Family Residential, R-l (Low Density
Residential Zone)
South - Single Family Residential, R-l (Low Density
Residential Zone)
West - Single Family Residential, R-l (Low Density
Residential Zone)
WHEREAS, Marble Cove is a local street developed to its ultimate
master planned width of 54 feet; and
WHEREAS, on July 30, 1984, owner of said property submitted
plans for the addition of block walls and a planter
section which extended into the driveway; and
WHEREAS, on July 30, 1984, owner of said property submitted
plans for the addition of block walls and a planter
section which extended into the driveway; and
WHEREAS, on July 30, 1984, John M. Baucke, Director of Development
Services conditionally approved submited plans on
condition that the planter section not be permitted;
and
WHEREAS, on July 30, 1984, Len Daniello, owner of said property,
obtained permits to construct 60 feet of 6 ft. wall
and 24 feet of 5 ft. wall; and
WHEREAS, on August 9, 1984 at 4:00 p.m., John Baucke, Director
of Development Services met with Debby Daniello, the
applicant and explained that an appeal of the Department's
administrative action pursuant to Section 28-2907
of the Seal Beach Municipal Code must be filed if
the applicant wanted to construct the planter wall,
and that only upon the Commission's approval could
the proposed planter wall construction be allowed.
The applicant received an appeal application at that
time; and
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WHEREAS, on October 26, 1984, inspection discovered a nonconformance
to submitted plans (construction of planter section);
and
WHEREAS, on November I, 1984, a certified letter was sent to
owner of said property indicating that violations
to the Municipal Code had occurred as a result of
the construction of said planter; and
WHEREAS, on November 2, 1984, a certified letter was received
by owner of property (408 Marble Cove); and
WHEREAS, on November 2, 1984, an application of appeal of administrative
action was filed with the Department of Development
Services by the owner of property (408 Marble Cove);
and
WHEREAS, the Planning Commission held a public hearing on
December 5, 1984 and on January 2, 1985; and
WHEREAS, the ptanning Commission makes the following findings
regarding the appeal:
1. That conditional approval of plans specifically
precluded the construction of planter area.
2. That construction of planter area was constructed
without approval or proper permits.
3. That planter construction prohibits required ingress
and ~gress from the unit's gar~ge area.
4. That the parking area remaining after construction
of planter does not meet Municipal Code Section
28-402 pertaining to required parking in the following
areas:
a) Parking dimensions per space (10 ft. x 20
ft.)
b) Number of spaces per unit (Two per unit)
c) Form (Open and accessible)
d) Type (Garage or Carport)
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Seal Beach does hereby deny Appeal of Administrative
Action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 5th day
of Dp-cp-mber ,1984 by the following vote:
AYES:
Commissioners Covington, Hunt, Jessner, Perrin, Ripperdan
NOES:
Commissioners None
ABSENT:
Commissioners None