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HomeMy WebLinkAboutPC Res 1359 - 1985-02-06 ~ " .', . RESOLUTION NUMBER 1359 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING VARIANCE APPLICATION 1-85, A REQUEST TO ALLOW DEVIATIONS FROM THE MUNICIPAL CODE POOL REAR YARD SETBACK REQUIREMENTS (4301 IRONWOOD AVENUE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES: WHEREAS, an application was duly filed by Philip K. and Kathleen M. Fife, 4301 Ironwood Avenue, Seal Beach, California 90740; and WHEREAS, an application was duly filed by Philip K. and Kathleen M. Fife, 4301 Ironwood Avenue, Seal Beach, California 90740; and WHEREAS, the property is described as, Lot 13 of Tract 5699 recorded at book 246, pages 6,7 of miscellaneous maps, with the Recorder of Orange County; and WHEREAS, the subject property contains approximately 5,323 square feet and is located on the north side of Ironwood Avenue approximately 290t feet north of the centerline of Guava Avenue (4301 Ironwood Avenue). WHEREAS, the subject property has approximately 50 feet of frontage on Ironwood Avenue and a depth of 100 feet; and WHEREAS, the surrounding land use and zoning are as follows: North, East, South and West: Single family residences in the R-1 (Low Density Residential) zone. WHEREAS, Ironwood Avenue is a local street developed to its ultimate master planned width of 45 feet. WHEREAS, on December 31, 1984, a variance application was filed with the Department of Development Services; and WHEREAS, the applicant specifically requests a variance to allow the northerly edge of the proposed pool to extend to within two feet of the rear block wall (property line) where the Seal Beach Municipal Code requires that the pool not be closer than four feet from the property line; and WHEREAS, the proposal would be in violation of Section 28-400(9) (a) (B) - Pool setbacks (rear property line) - 4 feet; and WHEREAS, on February 6, 1985 the Planning Commission held a Public Hearing on Variance 1-85; 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 the areas of yards and other open areas about and between buildings and structures. 2. The proposed pool would be located in a required setback. 3. No special circumstances are applicable to the subject property that deprives such property of the privileges enjoyed by other property in the same vicinity and zone. " . . RESOLUTION #" 1359 Page 2 4. The variance would grant special privileges inconsistent with the limitations upon other properties in the same vicinity.and zone. 5. The proposal violates the intent of Section 28-400(9)(a)(B) - Pool Setbacks - of the Municipal Code. 6. That legal grounds for approval of a variance under Section 28-2502 of the Seal Beach Municipal Code do not exist for this applica- tion. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby deny Variance 1-85. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of February , 1985, by the following vote: Commissioners Covington, Hunt, Jessner, Perrin, Ripperdan None AYES: NOES: ABSENT: Commissioners Commissioners None Chairman