CC RESOLUTION 3601RESOLUTION NO. 3601
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, APPROVING
WITH CONDITIONS VARIANCE 89 -4, AT 1531 EAST
PALM AVENUE; PETITIONED BY GREGORY A.
MARTIN.
WHEREAS, an application was received from Gregory A. Martin (property
owner) for a variance request to permit continued use of a 945 square foot accessory
building that exceeds the 600 square foot maximum size for accessory buildings other
than garages, and for two non - dwelling accessory buildings, located in the rear third of
the lot, to encroach into both side setbacks instead of encroachment into one side as
permitted by Sections 2020.010(2) and 20.20.050(1) of the El Segundo Municipal Code
for a one - family lot located at 1531 East Palm Avenue in the One - Family Residential
(R -1) Zone; and
WHEREAS, the proposed Variance is exempt from the requirements of the
California Environmental Quality Act as a Section 15305, Class 3(e) (construction of
accessory structures) and Class 5(a) (minor setback variances) project; and
• WHEREAS, at the duly scheduled meeting of the Planning Commission of the
City of El Segundo on June 8, 1989, a duly advertised public hearing was held on such
matter in the Council Chamber of the City Hall, 350 Main Street and opportunity was
given to all persons present to speak for or against the findings of Variance 89 -4; and
WHEREAS, the Planning Commission did adopt Resolution 2250 approving
Variance 89 -4 subject to certain conditions; and
WHEREAS, the applicant filed a timely appeal with the City Council from the
decision of the Planning Commission; and
WHEREAS, after conducting a duly advertised public hearing on July 18, 1989
and receiving testimony and documentary evidence from all interested parties, the City
Council has established the following facts and makes the following findings:
Facts:
1. A building permit was issued to Gregory A. Martin in 1985 for two non - dwelling
accessory structures consisting of a 2 -car garage and a 945 square foot workshop;
2. The structures were constructed, and during the final inspection, in 1989, zoning
violations were observed;
10 3. One story, non - dwelling accessory structures are a permitted use in the one-
family residential (R -1) zone;
4. Zoning Code Section 20.20.010(2) limits the size of accessory structures, other
than garages, to a maximum of 600 square feet, and the applicant is requesting
use of a workshop accessory building having 945 square feet;
5. Zoning Code Section 20.20.050(1)(D) permits non - dwelling accessory structures,
located in the rear third of the lot, to be built to one side line and the rear lot
line, and the applicant is requesting that the accessory structures encroach into
two side setbacks;
6. Surrounding properties are zoned One - family Residential (R -1) and are developed
with single - family residential structures.
Findings:
1. There are exceptional circumstances applicable to the property at 1531 East Palm
Avenue in that the owner did not have the opportunity to correct the zoning
violations during the plan review stage before the accessory buildings were
constructed;
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of said City is five;
that the foregoing resolution, being Resolution No. 3601 was duly 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 meeting of the said Council held on the
18th day of July, 1989 and that the same was so passed and adopted by the following
,to vote:
AYES: Councilmembers Clutter, Dannen,
West, Anderson and Mayor Jacobson
NOES: None
ABSENT: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 21st day of
July, 1989.
0
ONALD L. HART
City Clerk of the
City of El Segundo, California
(SEAL)
2. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the vicinity in that the
construction has been completed by the applicant and all but the final inspection
of the accessory structures is complete;
3. The granting of the Variance will not be materially detrimental to the public
welfare or injurious to the property in the vicinity and zone in which the
property is located, in that the structures have one -hour fire walls facing the
abutting residential lots;
4. The granting of the Variance will not adversely affect the comprehensive General
Plan in that the project is located in an area designated as residential.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Variance 89 -4, subject to the
following conditions:
1. That the "workshop building" designated on drawing A2255 submitted as part of
the record before the City Council is hereby declared nonconforming;
2. That neither the "workshop and garage buildings" nor any portion thereof, shall
. be used for dwelling purposes;
3. That no enlargement of the workshop or garage buildings shall be allowed and
that any alteration to such buildings shall require Zoning Code compliance;
4. That the City or its employees may, at any time, enter the property for purposes
of inspection to ensure compliance with this Resolution;
5. That the property owner shall record a Covenant (deed restriction) to run with
the land with the County Recorder; the Covenant shall include the conditions of
this Resolution;
6. That the property owner shall furnish proof of recordation of the Covenant to
the Planning Department prior to issuance of a Certificate of Occupancy.
SECTION 2. Within ten days following the adoption of this resolution, the City
Clerk shall mail a copy of this resolution to the applicant at the address shown on the
application and to any other person requesting a copy of same. The decision of the
City Council is final.
SECTION 3. The City Clerk shall certify to the passage 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.
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