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HomeMy WebLinkAbout1302 - Granting a Variance to William MaxwellM l 0 rv-' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING A VARIANCE TO WILLIAM H. MAXWELL, AFTER REPORT AND RECOMMENDATION OF PLANNING COMMISSION AND PURSUANT TO ORDINANCE NO. 44o AND AMENDMENTS THERETO. WHEREAS, the Planning Commission of this City has forwarded to this City Council for approval and endorsement its approval of the application of WILLIAA H. MAXWELL, and has transmitted the same, together with the complete report of its findings and recommendations to this City Council for approval and endorsement, and good cause appear- ing therefor; NOW, THEREFORE, BE IT RESOLVED that the report, findings and recommendations of the Planning Commission be and they are hereby approved and made the report, findings and recommendations of this City Council. BE IT FURTHER RESOLVED, that the said application be and the same is hereby approved and endorsed by the City Council, and that the approval of the City Council be endorsed upon said application and upon said findings, report and recommendation. BE IT FURTHER RESOLVED that the said is hereby granted a FIFTY PERCENTriation, adjustment and reduction so far as SIDE YARD requirements are concerned on that property situated in the City of Newport Beach, County of Orange, State of California, described as Lot 26 , Block , Tract 994, Cor. 9th and North Stay . BE IT FURTHER RESOLVED that a conditional permit to carry out the purposes of this resolution be issued to the said WILLIAM H. MAXWELL k TOOT . BE IT FURTHER RESOLVED that the Building Inspector • be and he is hereby authorized and directed to issue to the said such conditional permit. I hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a meeting thereof held on the day of 19_, by the following vote, to -wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: ATTEST: City Clerk The Council Minutes indicate the above Resolution was adopted March 7, 1938, by the following vote: Ayes, Councilmen: Gordon, Claire, Whitson, Brown, Williamson • Noes, Councilmen: None Absent, Councilmen: None Margery Sc puder City Clerk July 19, 1963 No. 116 • NEWPORT BEACH CALIFORNIA • CITY PLANNING COMMISSION WHEREAS-,' heretofore and in accordance with Ordinance VAO of the City of Newport Beach, Orange County, California, and amendments thereto, there was filed by V,`ILLIAM H. t.4AX4T L eg a petition for a permissible variance of rulations an 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 :: _"2'nd,0Ty =of March 193 -3, at 7:30 o.m. in the Council Chamers of the City Hall, Newport Beach, California, and at said time the matter was called for hearing and no on@, 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 WILLIA1+1 H. i.= AX�,,ELL 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 side yard requirements be, and the same is hereby approved for the applicant, William H. I:'.axwell for property situated in the City of Newport Beach, County I Of Orange, State of California, upon Lot 26 , B1.®0le Tract RR4, tba Sarre being the. corner of Ninth S;,. ar_d North Bay Front. 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 to be errected on said lot. R'L BE IT F THER RESOLVED that when 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 NEWPORT BEACH, CALIF. CITY PLANNING COMMISSION MAR 2 1938 _...SECRETARY CITY PLANNING COMMISSION