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HomeMy WebLinkAbout1300 - Granting a Variance to Clarinda Smith�4. CERTIFICATION OF EXCERPT FROM MINUTES,OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH Regular Meeting held March 7, 1938 (Regular, Special, or Adjourned) (Date) .`COUNCILMEN PRESENT Gordon Claire Whitson, Brown, Williamson, COUNCILMEN ABSENT None. Resolution No. 1300 cannot be found in the files. r.x r:R Resolution No. 1300, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO CLARINDA C. SMITH, AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 440 AND AMENDMENTS THERETO was presented, and on motion of Councilman Claire, seconded by Councilman Whitson, the resolution was adopted by the following vote, to -wit: AYES: Councilmen Gordon, NOES: Councilmen None. ABSENT: Councilmen None. STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) Claire, Whitson, Brown, Williamson. I, Margery Schrouder, City Clerk.and ex- officio Clerk.of the, City Council of the City of Newport Beach, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office, In Witness Whereof, I have hereunto set my hand and seal this 13 day of June 19 63• Margery S hro der, City Clerk of the City of Newport Beach, Orange County, California (Planning Commission recommendations regarding this are in the Variance File.)c� No. 114 2. .M NEWPORT BEACH CALIFORNIA CITY PLANNING COMAISSION AREAS-; heretofore and in accordance with Ordinance j440 of the City of Newport Beach, Orange County, California, and amendments thereto, there was filed by CT,ARTi nA C. - VJTmFT a petition for a permissible variance of regulations and for a conditional permit as provided for by said ordinance, accompan- ied by the fee as required, and it appearing to the Newport Beach City Planning Commission that all fees have been paid and that all notices required to be given have been given as required by law, and it further appearing that in addition to the notice required by law a notice of the hearing was given to all persons owning property in the block in which the variance is requested, and it further appearing that said application was accompanied by complete plots, plans and description of the property involved and the proposed use, with ground plans and elevations of all proposed buildings, and evidence having been submitted to the Planning Commission satisfactory to it of the ability and intention of the applicant to proceed with the construction work in accordance with said plans within six months from the date of consideration, and the Planning Commission having posted said application and all maps, plans and other accompanying matter in its office for public inspection for a period of more than one week and having given notice of a public hearing by one publica- tion in the Newport News, a legal newspaper circulating in the particular section of the City affected by the application, and the said hearing having been set for the :10' til, =of February 1938 , at 7:30 n.-fa. in the Council Chambers of the City Hall, Newport Beach, California, and at said time the matter was called for hearing and no one appeared to contest or object to the same, and at said time and at said hearing the applicant having presented a statement and adequate evidence'as required by the Commission; NOW, THEREFORE, the Commission finds the facts to be as follows, to -wit: 1. That there are special circumstances or conditions applicable to the property referred to in the application. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. 3. That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood, and will not be materially detrimen- tal to the public welfare, nor injurious to property or.improve- ments in the neighborhood. 4 That the Planning Commission finds that detriment or injury to the neighborhood will not result from the issuance of the permit as applied for. THEREFORE, BE IT RESOLVED, that the application of CLARINDA C. S.TITH for variance be approved in accordance with the provisions of paragraph 3) of Section XI of Ordinance 440, and that a fifty -per cent variance and reduction in regulations affecting front and side yard requirements be, and the same is hereby approved for the applicant, Clarinda 0. S ~pith for property situated in the City of Newport Beach, County of f. Orange, State of California, upon Lot 17 Block 3 T-r -ac,t- Section 2. Balboa Island . i e I, BE IT FURTHER RESOLVED that this recommendation, including this complete report of its findings and recommendations be transmitted to the City Council for approval and endorsement: BE IT FURTHER RESOLVED that to secure substantially the objectives of the regulation or provision to which this variance is granted, and to provide adequately for the mainten- ance of the integrity and character of the district in which such conditional permit is granted, that the granting of this permit and the variance effected thereby shall apply only to the one fan.ilv d;;ellin to be errected on said lot. BE IT FURTHER RESOLVED that Then approved by the City Council a copy of this resolution shall be provided to the building Inspector. Respectfully submitted, By order of the Chairman C.HAROLD HOPKINS HOWARD.W. SEAGER, Secretary NEWPORT BEACH CITY PLANNING COMMISSION