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HomeMy WebLinkAbout1 - PC Min 2012-03-07City of Seal Beach - Planning Commission March 7, 2012 Chair Massa -Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, March 07, 2012. The meeting was held in the City Council Chambers and began with the Salute to the Flag led by Commissioner Cummings. ROLL CALL Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Galbreath, Goldberg Staff Present: Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk AGENDA APPROVAL Goldberg moved, second by Galbreath, to approve the agenda as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion Carried ORAL COMMUNICATIONS Chair Massa - Lavitt opened oral communications. There being no speakers, Chair Massa -Lavitt declared oral communications closed. CONSENT CALENDAR Everson moved, second by Goldberg, to approve the recommended action on the consent calendar. AYES: Cummings, Everson, Goldberg, Massa -Lavitt NOES: None ABSTAIN: Galbreath Motion Carried 1. Approved the Planning Commission Meeting Minutes of February 15, 2012 (Commissioner Galbreath was not present at that meeting, and abstained in accordance with Commission practices). ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. Page 2 — Planning Commission 03/07/12 SCHEDULED MATTERS 2. Adoption of Resolution No. 12 -1 Denying, without prejudice, Minor Use Permit 12 -1 at B -86 Surfside Avenue — Confirming Planning Commission action of February 15, 2012. The Senior Planner delivered the staff report — the applicant's project was denied at the last meeting without a denial resolution prepared — staff is seeking confirmation that the denial is without prejudice. The Assistant City Attorney clarified that per the City code, a prejudiced denial prohibits the applicant from submitting the same, or similar, project to the Planning Commission for up to one year. Additionally, the Assistant City Attorney clarified that at the last meeting, he inadvertently declared the action of the Planning Commission was a final decision. There was no resolution prepared at that time; therefore, there was no denial — final action would be taken tonight. Commissioner Everson received clarification regarding denial without prejudice — applicant would be allowed to come back with revised plans. Cummings moved, second by Everson, to adopt Resolution No. 12 -1 Denying, without prejudice, Minor Use Permit 12 -1 at B -86 Surfside. AYES: Cummings, Everson, Goldberg, Massa - Lavitt NOES: None ABSTAIN: Galbreath Motion Carried Commissioner Galbreath was not present at that meeting, and abstained in accordance with Commission practices. The Assistant City Attorney stated the Planning Commission decision to deny Minor Use Permit 12 -1 is a final decision of the Planning Commission - there is a 10 day period to appeal this decision to the City Council — the appeal period will begin tomorrow morning (03/08/12). PUBLIC HEARING 3. Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue (continued from February 15, 2012) Applicant/Owner: Cynthia and Wayne Tomlinson Request: To construct an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area, as well as a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and Page 3 - Planning Commission 03/07/12 exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height). Recommendation: Deny Variance 12 -1 through the adoption of Resolution 12 -2; Approve Minor Use Permit 12 -2, subject to conditions, through the adoption of Resolution 12 -3. The Senior Planner delivered the staff report — this item was continued from the February 15, 2012 meeting — the Commission had asked the applicant/architect for additional information — they have provided additional plans /drawings and have prepared a presentation to address Commission's questions and concerns. Chair Massa -Lavitt opened the public hearing. Speakers: Marshall Innins (architect for applicant/owner) presented a PowerPoint presentation — provided images of plans illustrating the effects of approving /denying the variance and the minor use permit (MUP) — reiterated the number of homes in Surfside with existing encroachments — recapped that proposal is for architectural design purposes and would not increase habitable living space. Commission comments and inquiries: • Commissioner Galbreath: received clarification regarding height from the bottom of the glass enclosure to the ground — approximately 8 feet. • Commissioner Goldberg: received clarification regarding design plans of the stairwell structure — designs will be the same regardless of the variance — with the variance, structure shifts outward encroaching one foot into side yard setback — without variance, it would be flush with side of the house. • Commissioner Everson: received clarification regarding interpretation of "bay window" definition — differentiated between habitable and usable space; additionally, stated that he is in favor of the design, but does not feel the criteria for a variance are being met. • Commissioner Cummings: inquired whether the stairs would be visible down the side yard if variance is granted — only the glass and the edge of the rail would be in the encroached area. • Commissioner Massa - Lavitt: commented that the architectural design and aesthetics of the project work well — additionally, stated that for safety concerns, encroachments should not be allowed into the side yard setback with homes being close together (6 feet apart). Motion by Everson, second by Cummings, to Deny Variance 12 -1, through the adoption of Resolution 12 -2 and Approve Minor Use Permit 12 -2, subject to conditions, through the adoption of Resolution 12 -3. AYES: Cummings, Everson, Galbreath, Goldberg, Massa -Lavitt NOES: None Motion Carried Page 4 — Planning Commission 03/07/12 The Assistant City Attorney stated the Planning Commission decisions to deny Variance 12 -1 and approve Minor Use Permit 12 -2 are final decisions of the Planning Commission - there is a 10 day period to appeal these decisions to the City Council — the appeal period will begin tomorrow morning (03/08/12). DIRECTOR'S REPORT The Senior Planner announced upcoming meetings and provided an agenda forecast. COMMISSION CONCERNS There were no concerns at this time. ADJOURNMENT Chair Massa -Lavitt adjourned the meeting at 8:10 p.m. Approved: Attest: Chair Deputy City Clerk Deputy City Clerk NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the Planning Commission and cannot be relied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk.