HomeMy WebLinkAboutPC Res 1526 - 1989-01-18
.\A.
t
."
-0
e
.
RESOLUTION NUMBER 1526
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH DENYING VARIANCE 7-88, A REQUEST, AFTER THE
FACT, TO PERMIT A FENCE IN THE REQUIRED FRONT SETBACK
EXCEEDING THE FORTY-TWO INCH HEIGHT LIMIT
(216 FIFTH ST.)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, on October 28, 1988, Gordon and Eileen Sadofski submitted an
application for Variance 7-88 to the Department of Development
Services; and
WHEREAS, the applicant requested approval, after the fact, of a fence in
the required front setback which exceeded the allowable 42 inches
in height by approximately 2.5 inches; and
WHEREAS, on September 2, 1988, the triplex construction was finaled, and
subsequent staff inspection revealed the wrought iron fence in
the front setback exceeds the allowable limit of 42 inches; and
WHEREAS, the subject property is a flat, rectangular parcel measuring
approximately 62.5 feet by 117.5 feet; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
Wednesday, December 7, 1988 and continued to January 4, 1989 to
consider Variance 7-88; and
WHEREAS, the Planning Commission makes the following findings:
1. The Municipal Code allows a fence of 42 inches in height in
the required front yard setback. Measured fram natural
grade at three points, the fence has an average height of
44.5 inches, 2.5 inches in excess of the allowable 42
inches.
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
ordinance 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 62.5 feet by 117.5 feet. Neither the shape of
the property nor its size deviate fram the standard lot
configurations for the tract and the RHO Zone in general.
Consequently, the application of the 42 inch 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 7-88 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 property-related circumstances to support a
variance.
" ~...
"
.
.
Resolution 1526
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby deny Variance 7-88.
PASSED, APPROVED AND ADOPTED by the Planning commission of the City of Seal
Beach at a meeting thereof held on the 18th day of January, 1989 by the
following vote:
NOES:
Commissioner (s) SH19IfP .sUGGS. .JeSSAJt5/C!..
} 7
Commissioner 51 FE'
AYES:
ABSTAIN: commissioner (s) J?VL.t...o
ABSENT: Commissioner(s)
Q~~~
Jam6s Sharp
~~irman of the Planning Commission
ward M. Knight
Secretary to the Plannin