CC RESOLUTION 1201661.1
RESOLUTION NO. 1201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, APPROVING THE
GRANTING BY THE PLANNING COMMISSION OF SAID
CITY OF THE VARIANCE REFERRED TO IN RESOLU-
TION NO. 114 OF SAID COMMISSION, IN THE
MATTER OF THE APPLICATION OF GENE C. AND
MARTHA J. DENNY, UPON AND SUBJECT TO THE
TERMS AND CONDITIONS AS SET FORTH IN SAID
RESOLUTION.
WHEREAS, there has been presented to this Council Reso-
lution No. 114 of the City Planning Commission of said City, in
words and figures as follows:
"RESOLUTION NO. 114
"RESOLVED that in the matter of the application of Gene
C. Denny and Martha J. Denny of 641 West Mariposa Street,
E1 Segundo, for a variance to permit the construction of a
two -car garage upon the property by reducing the required
fifteen (15) feet between the main building and an accessory
building, the Commission finds as follows:
"1. The issue involves no consideration of use, but per-
tains only to a matter of yard space and placement of a permit-
ted use on the premises.
"2. Subject property is a reversed corner lot, and is
non - conforming in that it contains less than the minimum area
required by Ordinance No. 306, but existed in its present
form prior to the date the provisions of Ordinance No. 306
became applicable to it.
"3. Subject property is presently occupied by a one-
family residence located on the westerly, or front, portion
of the lot, and a one -car garage located on the easterly, or
rear, portion of the lot, which building is distant three
(3) feet from the rear lot line and five (5) feet from the
inside lot line.
"4. Ordinance No. 306 requires that an accessory building
upon a reversed corner lot shall set back five (5) feet from
the rear lot line.
"5. Ordinance No. 306 also requires than an accessory
building placed in the rear yard of a reversed corner lot shall
not project beyond the rear line of the required front yard of
the lot to the rear of the reversed corner lot.
"6. The present garage on the property is non - conforming
in its location in two respects:
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"(a) It lacks two feet of the required distance
from the rear lot line on a reversed corner lot, and the
distance between the street side line of subject property
and the closest portion of the present garage is less than
twenty -five feet, which is both the depth of the required
front yard on the key lot to the rear of subject property,
and the required distance from the street side of a reversed
corner lot to an accessory building on the rear portion of
the lot.
"7. The required area of the rear yard for subject
property is twenty -two and one -half (22J) feet.
"$. Ordinance No. 306 stipulates that an accessory
building shall occupy no more than twenty -five percent (25 %)
of a required rear yard.
"9. With reference to the four showings required to
be met before consideration can be given --
"(a) Special circumstances. Special circumstances
do exist with ref ®rence to t e property in that the lot area
is sub - standard and, because of the size and placement of the
house on the lot, even a single car garage of dimensions proper
for recent model cars would necessarily infringe upon the area
of the rear yard. With reference to reversed corner lots of
record at the time of the adoption of Ordinance No. 306, it
is specifically stated in the ordinance that the requirements
concerning yards shall not prohibit the erection of an acces-
sory building where the regulations cannot reasonably be com-
plied with. The owner cannot provide himself with a garage
to accomodate the needs of his family without requesting of-
ficial action of the City.
"(b) Preservation and enjoyment of a substantial
property right. The granting of the variance is necessary for
the preservation and enjoyment of a substantial property right
presently being denied to the owner, which property right is
being enjoyed by other properties in the R -1 Zone and in this
vicinity. To deny the owner the right to erect a two -car garage
on his premises does deprive him of the right to use his proper-
ty to meet his needs. The same privilege is extended to every
other property owner, but in the case of substandard size lots,
special action is required. The Applicant is not asking for
permission to use the property excessively, only to a parity
with other property in the same zone and vicinity.
"(c) Material Damage. Material damage will not
result either to the property in question or improvements in
the vicinity and zone because the granting of the variance
will remove one car from the streets, thereby eliminating the
use of the street, in this particular instance, as garage facil-
ities. The enlargement of the garage will affect only the
property involved, in that the area between the garage and the
house will be decreased.
"(d) The granting of the variance will not adversely
affect the Comprehensive General Plan in that the two phases of
the Plan - the Land -use plan and the Plan of Streets and High-
ways - are in no way infringed upon. The application involves
only the placement of a permitted use upon a particular piece
of property, and does not involve added use.
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6617
"THEREFORE BE IT RESOLVED, that the variance be granted,
but with the following conditions:
"1. That the garage be placed five (5) feet from the rear
property line.
"2. That the new garage be placed farther northward on
the lot as follows:
"(a) If any portion of the new garage shall be op-
posite any portion of the residence on the adjoining lot to
the north, the northern -most wall of the new garage shall be
four feet from the inside side lot line, which is the distance
required on subject property as a side yard.
"(b) If no part of the new garage will be opposite
the existing residence on the lot to the north, the new garage
shall be placed at the inside side lot line.
"(c) The outside dimensions of the proposed new garage
shall not exceed twenty (20) feet by twenty (20) feet.
"(d) The proposed garage shall not exceed one story
in height. and
"FINALLY RESOLVED, that a copy of this resolution be for-
warded to the City Council for its consideration in the manner
prescribed by law.
rr /s/ L. A. Allen
ha rman of the Gity Planning
Commission of the City of
E1 Segundo, California
"STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO )
" /s/ George E. Binder
Secretary of the City Planning
Commission of the City of
E1 Segundo, California
"I, George E. Binder, Secretary of the City Planning
Commission of the City of E1 Segundo, California, do hereby
certify that the foregoing Resolution is a full, true and cor-
rect copy of a Resolution of the City Planning Commission of
the City of E1 Segundo, California, adopted at a Regular Meet-
ing of the said Commission duly held on the 26th day of Novem-
ber, 1951;
"That the whole number of members of said Commission is
five and that said Resolution was adopted by the following vote:
"Ayes: Binder, Frederick, Thompson and Chairman Allen;
"Noes: None;
"Absent: Hanson.
"IN WITNESS WHEREOF, I have hereunto set my hand this 4th
day of December, 1951.
" /s/ George E. Binder
Secretary of the City Planning
Commission of the City of
E1 Segundo, California "
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WHEREAS, this City Council has carefully considered the
said Resolution No. 114 and all of the matters therein referred to
and feels that the action hereinafter taken is in the interest of
said City and of the public thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That said City Council does hereby approve,
ratify and confirm the action taken by said City Planning Commission
in its said Resolution No. 114, and does hereby approve, authorize
and grant the variance referred to and described in said Resolution
No. 114 of said Commission upon, and subject to, each and all of the
conditions set forth in said hereinabove quoted resolution.
SECTION 2. That the original of said Resolution No. 114,
which is now on file in the office of the Secretary of the City
Planning Commission of said City and open to public inspection, is
hereby referred to and by this reference incorporated herein and
made a part hereof.
mediately.
SECTION 3. That this resolution shall take effect im-
SECTION 4. That nothing in this resolution contained
shall be construed as constituting a precedent, as the City Council
is adopting this resolution under the special and peculiar circum-
stances which obtain in this particular case, only.
SECTION 5. That the City Clerk shall certify to the pas-
sage and adoption of this resolution; shall enter the same in the
book of original resolutions of said City; and shall make a minute
of the passage and adoption thereof in the records of the proceedings
of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
Passed, approved and adopted this 5th day of December, 1951.
ATTEST: Mayor of the City Segun-
do, California
City Clerk
(SEAL)
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STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, SS.
CITY OF EL SEGUNDO.
I. Neva M. Elsey, City Clerk of the City of E1 Segundo,
California, do hereby certify that the whole number of members of
the City Council of the said City is five; that the foregoing reso-
lution, being Resolution No. 1201, was passed and adopted by the
said City Council, approved and signed by the Mayor of said City,
and attested by the City Clerk of said City, all at a regular meet-
ing of the said Council held on the 5th day of December, 1951, and
that the same was so passed and adopted by the following vote:
AYES: Councilmen Gordon, Peterson, Swanson, Thompson
and Mayor Selby;
NOES: Councilmen None;
ABSENT: Councilmen None.
WITNESS my hand and the official seal of said City this
5th day of December, 1951•
(SEAL)
City Clerk of the CitA Of
E1 Segundo, Californ a.
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