HomeMy WebLinkAboutPC Res 1502 - 1988-04-20
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RESOLUTION NUMBER 1502
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH DENYING VARIANCE 3-88,
A REQUEST, AFTER THE FACT, TO EXTEND THE
MASONRY WALLS ON THE SIDE AND REAR PROPERTY
LINES, EXCEEDING THE SIX-FOOT HEIGHT LIMIT
(4280 BIRCHWOOD)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS,
on February 19, 1988,
application for Variance
Development Services; and
Eleanor
3-88 to
Jeck
the
submitted an
Department of
WHEREAS, the applicant is requesting approval, after the fact,
of an extension of the masonry walls on the siae and
rear property lines which exceeds the height limit of
six feet; and
WHEREAS, the applicant was notified on March 27, 1987, that the
walls in their present configurations violate the Code
of the City of Seal Beach; and
WHEREAS, the present variance request is in response to
directions by the City Attorney to either remove the
illegal wall extension or seek after-the-fact approval
through the variance process; and
WHEREAS, the subject property is a flat, rectangular parcel
measuring approximately 53 feet by 100 feet; and
WHEREAS, the subject property and the surrounding lots are
developed with single family homes; and
WHEREAS,
the Planning Commission
hearing on Wednesday,
Variance 3-88; and
held
April
a
6,
duly noticed public
1988 to consider
WHEREAS, the Planning Commission makes the following findings:
1. The granting of Variance 3-88 would not adversely
affect the General Plan. The low density
residential character of the property and its
surroundings would not be changed by the addition
to the fence.
2. There are no special circumstances applicable to
the subject property including size, shape,
topography, location or surroundings, such that
the strict application of the zoning ord.inance
deprives the property of privileges enjoyed by
other property in the same vicinity and zone. The
subject property is a flat, rectangular lot,
measuring approximately 53 feet by 100 feet.
Neither the shape of the property nor its size
deviate from the standard lot configurations for
the tract and the RLD Zone in general. In
addition, the subject property is surrounded on
all sides by single family residences.
Consequently, the application of the six-foot
height limit for fences does not impose any
property-related hardship on the applicant
distinct from any other property in the vicinity
and zone.
3. The granting of Variance 3-88 would constitute a
grant of special privilege inconsistent with other
limitations upon other properties in the same
vicinity and zone because there are no unusual
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Resolution Number 1502
Page Two
property-related
variance.
circumstances
to
support a
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby deny Variance 3-88.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 20th day of
April, 1988 by the following vote:
AYES:
Commissioner(s) Rullo, SharD, SU~QS, Jessner
NOES: Commissioner(s)
ABSTAIN: Commissioner(s)
ABSENT: Commissioner(s)
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Ch~irman of the P ann ng1~mmission