Rasmussen

Rasmussen v. County of Orange

Good Law
1963 Cal. App. LEXIS 2840·212 Cal. App. 2d 246·27 Cal. Rptr. 866
Court of Appeal of CaliforniaJanuary 22, 1963Civ. No. 7015California935 words

Opinion

Lead Opinion

Monroe, J.

The petitioner sought a writ of mandate in this proceeding and upon a denial thereof this appeal was taken.

It appears that petitioners owned a parcel of real property in an unincorporated area of Orange County. The property is zoned under the county zoning ordinance. In 1955 petitioners sought a building permit from the county in order to construct a garage building upon their property. This permit was granted upon condition, however, that the building be set back an additional 30 feet from the previously established setback. This requirement was complied with.

Petitioners desired to establish some sort of living quarters upon the property and by reason of the additional setback there was not sufficient room to construct a building. They therefore sought a zone variance to permit them to occupy a mobile home on the rear of their property. Such a variance was granted in 1956 and additional variances for. yearly periods were granted thereafter until 1960, when the variance was limited to a period of six months. In 1961 an application was presented to the Orange County Planning Commission for an additional variance.

The application for variance was heard on February 21, 1961 and…

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