HomeMy WebLinkAboutPC Res 1599 - 1990-10-17
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RESOLUTION NUMBER 1599
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH
DENYING VARIANCE REQUEST #5-90
A REQUEST TO ENCROACH INTO THE REQUIRED
FIVE FOOT SIDE YARD SETBACK AND
TEN FOOT REAR YARD SETBACK FOR AN
ILLEGAL PATIO DECK AT 1733 CRESTVIEW
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On August 27, 1990, William A. Ralston filed an
application with the Department of Development Services
for Variance request #5-90. Specifically, the applicant
is requesting to deviate from The Code of the citv of
Seal Beach, Section 28-401(2)(b), which requires ten
(10') foot rear yard setback and five (5') foot side yard
setback in the Residential Low Density zone of District
V, to retain an illegally constructed patio deck built
to the property lines.
WHEREAS, The patio deck in question was constructed without
permits, plans and inspections; and
WHEREAS, The subject property, legally described as Lot 399 of
Tract 2590; and
WHEREAS, The specific zoning regulations governing Tract 2590 are
set forth in Section 28-401(2)(b) of The Code of the city
of Seal Beach. The ~ requires a ten (10') foot
setback along the parcel's rear property line and a five
(5') foot setback in the side yard; and
WHEREAS, The surrounding land uses and zoning are as follows:
South, East
& West
Single family residences in the
Residential Low Density (RLD) zone.
North
Hellman Ranch property.
WHEREAS, The Planning Commission held a duly noticed Public
Hearing on October 3, 1990 and voted to deny Variance #5-
90; and
WHEREAS, The Planning Commission makes the following findings:
1. The request does not meet the three State mandated
findings required for the granting of a Variance.
Specifically, there are no special property-related
circumstances which deprive the property at 1733
Crestview Avenue from enjoying the privileges as
other property in the same vicinity and zone and
the granting of this request would constitute a
granting of special privilege.
2. This request is inconsistent with the requirements
of The Code of the citv of Seal Beach which requires
ten (10') foot rear yard setbacks and five (5') foot
side yard setbacks.
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Resolution No. 1599
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby deny Variance #5-90 and recommends
to the City Council that they instruct the City Attorney to
prosecute the following violations of The Code of the Citv of SEal
Beach which are not corrected within thirty (30) days of the denial
of this request:
1. The applicant, without submitting plans, obtaining
required permits, or having inspections, constructed a
patio deck that encroaches into the required rear yard
setbacks.
2. A "lean to" shed has been located within the required
side yard setback.
3. While the applicant's plans show the patio deck at the
rear property line, there remain questions regarding
encroachment onto the Hellman property such that a survey
should be conducted to determine the property line and
thus the proper rear setback.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 17th day of October,
1990, by the following vote:
AYES:
ABSTAIN:
NOES:
ABSENT:
orsini. McCurdv. SharD. Fife
Dahlman