HomeMy WebLinkAbout08-29 - Denying Planning Application PA-07-48RESOLUTION NO. 08-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DENYING PLANNING
APPLICATION PA -07-48.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Richard and Wendy Schones,
representing Gary F. Schones, owner of real property located at 378 Costa Mesa Street,
requesting approval of variances from rear yard setback, rear yard coverage, and open
space requirements, and administrative adjustments for reduced side yard setbacks, to
legalize a detached garage and rear unit, with a minor design review for a proposed
second story addition to the main residence that does not meet the City's Residential
Design Guidelines, as well as minor modifications to allow first and second story
encroachments into the front yard setback; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 25, 2008, and PA -07-48 was approved in respect to the minor design
review and minor modifications for the second story addition to the main residence, but
denied, without prejudice, in respect to the variances and administrative adjustment to
legalize the detached two -car garage and rear unit; and
WHEREAS, on February 29, 2008, Planning Commission's decision was called
up for review to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
March 18, 2008, and the approval of PA -07-48 with respect to the minor design
review and minor modifications for the second story addition to the main residence
were upheld, and the variances and administrative adjustment to legalize the
detached two -car garage and rear unit were also approved; and
WHEREAS, a request to rehear the City Council's decision to approve the
variances and administrative adjustment to legalize the detached two -car garage and
rear unit was submitted on March 25, 2008; and
WHEREAS, the request to rehear the approval to legalize the rear structure
was granted by the City Council on April 1, 2008; and
WHEREAS, a duly noticed public hearing was held by the City Council on April
15, 2008, and the variances and administrative adjustment to legalize the detached
two -car garage and rear unit were denied, without prejudice, with the following
stipulations: (1) the applicants are allowed to proceed with the approved entitlements
related to the second story addition to the main residence, (2) 'no Code Enforcement
action is to be initiated against the property owner with respect to the rear structure,
pending a review of the City codes for nonconforming uses and structures by the .
Planning Commission, (3) the applicant shall not be required to pay filing fees for a
new Planning Application request; and
WHEREAS, City Council finds that the requested variances and administrative
adjustment to legalize the detached two -car garage and rear unit do not comply with
Section 13-29(g)(1) of the Costa Mesa Municipal Code because the applicant failed
to prove that special circumstances applicable to the property such as unusual lot
size, lot shape, or topography, exist to justify granting of the deviations; however, the
applicant retains the right to submit a variance and administrative adjustment
application to legalize the rear structure in the future because the denial was without
prejudice as stated in the previous section.
BE IT RESOLVED that, based on the evidence in the record, the City Council
hereby DENIES WITHOUT PREJUDICE Planning Application PA -07-48 with respect to
the variances and administrative adjustment to legalize the detached two -car garage
and rear unit for the property described above.
PASSED AND ADOPTED this 15th day of April, 2008.
ATTEST:
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Ju Folcik, City Clerk
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Eric R. Bever, Mayor
APPROVED AS TO FORM:
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Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 08-29 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 15th day of April, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, LEECE
NOES: COUNCIL MEMBERS: FOLEY
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16th day of April, 2008.
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JU FOLCIK, CITY CLERK