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Home My WebLink AboutPC Res 06-46 - 2006-10-18 RESOLUTION NUMBER 06-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 06-3 TO PERMIT A TWO-CAR TANDEM GARAGE MEASURING 10 FEET IN WIDTH AND 35 FEET 3 INCHES IN DEPTH IN LIEU OF A STANDARD SIDE-BY-SIDE GARAGE WITH MINLMUM REQUIRED INTERIOR DIMENSIONS OF 18 FEET IN WIDTH BY 20 FEET IN DEPTH AT 209 16TH STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 13, 2006, Jeff Jeanette filed an application with the Department of Development Services for Variance 06-3. Specifically, the applicant is requesting approval to construct a new 2,122 square foot two-story residence with a two-car tandem garage measuring 10 feet in width by 35 feet 3 inches in depth. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 06-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area; 9 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to 9 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on October 18, 2006 to consider the application for Variance No. 06-3. Section 4. The record of the hearing on October 18, 2006 indicates the following: (a) On September 13, 2006, Jeff Jeanette filed an application with the Department of Development Services for Variance 06-3. Specifically, the applicant is requesting approval to construct a new 2,122 square foot two-story residence with a two-car tandem garage measuring 10 feet in width by 35 feet 3 inches in depth. (b) The subject property is located at 209 16th Street. (c) The surrounding land uses and zoning are as follows: NORTH: Mix of single family and multi-family residences in the Residential Medium Density (RMD) Zone lof4 Plannmg Commission ResolutIOn 06-46 Variance 06-3 - 209 /6th Street October 18. 2006 SOUTH: Mix of single family and multi-family residences in the Residential High Density (RHD) Zone. EAST: Across 15 feet wide alley, mix of single family and multi-family residences in the Residential Medium Density (RMD) Zone. WEST: Mix of single family and multi-family residences in the Residential High Density (RHD) Zone. _, (d) In r,esponse to the mailed and published notice of this hearing~ staf{has r~c'~ived no correspondence in opposition to this request. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 99 28-2407,28-250028-2700, and 28-2701(B) of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 06-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "medium density residential" designation for the subject property and permits residential uses. The proposed residence will retain the medium density residential character of the neighborhood while providing an alternative to a conventional side by side parking garage with a tandem garage. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with and shall not adversely affect the General Plan. (b) Because the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and zone. Specifically, the property is an abnonnally shaped triangular lot with an existing older structure containing no garage._The lot width at the rear of the property, adjacent to the alley, is approximately lO-feet in width. The unique shape of the lot places a substantial burden on development of the site in meeting the minimum dimension requirements for a standard side by side garage. The applicant's design provides adequate parking area for two cars in tandem instead of side by side, thereby still meeting the overall intent of providing two enclosed parking spaces for a single-family residence. (c) The granting of such variance shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone, given that the majority of properties in the vicinity are rectangular in shape, and the subject site is triangular in shape. The code requirements are generally derived by assuming conventional lot shapes. The variance will grant relief from the strict interpretation of the Code based on the unique hardship in developing a lot with a rear property line width of approximately 10 feet, while still meeting the intent of the Code for off-street parking. The granting of the variance is justified based on the unique triangular shape of the subject lot in light of the majority of the lots in Old Town which are rectangular in shape. (d) The subject property is physically unique based on its triangular shape which tapers down to result in a rear lot line dimension of approximately 10 20f4 Planning CommiSSIOn ResolutIOn 06-46 Variance 06-3 - 209 16th Street October 18, 2006 feet. The proposed development complies with all other development standards including height, setbacks, and lot coverage requirements. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 06-1, subject to the following conditions: 1. Variance 06-3 is approved for a two-car tandem parking garage measuring 10 feet in width by 35 feet, three inches in depth at 209 16th Street. 2. All construction shall be in substantial compliance with the plans approved through Variance 06-3. 3. Property owners shall maintain the garage for parking of two vehicles. 4. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of October 2006 by the following vote: AYES: Commissioners Roberts, Bello, Ladner, and O'Malley NOES: Commissioners None ABSENT: Commissioners Deaton ar Roberts g Chairperson, Planning Commission 30f4 Planmng CommissIOn Resolution 06-46 Variance 06-3 - 209 16th Street October 18, 2006 **** 40f4