HomeMy WebLinkAboutPC Res 11-28 - 2011-11-02 RESOLUTION NUMBER 11-28
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE 11-3 TO ALLOW AN APPROXIMATELY
1 ,270 SQUARE FOOT, TWO-STORY DETACHED
ACCESSORY STRUCTURE THAT EXCEEDS THE
HEIGHT LIMIT FOR ACCESSORY STRUCTURES BY
APPROXIMATELY 10'-6" AND ENCROACHES INTO
THE REQUIRED REAR YARD SETBACK AREA BY
APPROXIMATELY 6", AT B-61 SURFSIDE AVENUE,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 28, 2011, William Bruton ("the applicant")
submitted an application to the City of Seal Beach Department of Development Services
for Variance 11-3.
Section 2. The requested variance is to allow an approximately 1,270
square foot, two-story detached accessory structure that exceeds the allowable height
limit by approximately 10'-6", and encroaches into the required rear yard setback by
approximately 6".
Section 3. Pursuant to 14 California Code of Regulations §15270 and
§21087 of the California Public Resources Code, CEQA does not apply where a lead
agency denies a project application. Because the City is denying the application for
Variance 11-3, no environmental review is required.
Section 4. A duly noticed public hearing was held before the Planning
Commission on November 2, 2011, to consider the application for Variance 11-3. At the
Public Hearing, the Planning Commission received and considered all evidence
presented, both written and oral, regarding the subject application.
Section 5. The record of the hearing of November 2, 2011, indicates
the following:
a. On September 28, 2011, William Bruton submitted an
application to the City of Seal Beach Department of Development Services for Variance
11-3.
b. The requested variance is to allow an approximately
1,270 square foot, two-story detached accessory structure that exceeds the allowable
height limit for accessory structures by approximately 10'-6".
c. The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Residential Low
Density (RLD-9 - Surfside) zone.
SOUTH: Single family residences in the Residential Low
Density (RLD-9 - Surfside) zone.
EAST: Single family residences in the Residential Low
Density (RLD-9 - Surfside) zone.
WEST: Single family residences in the Residential Low
Density (RLD-9 - Surfside) zone.
d. The subject property is approximately 2,351 square
feet in size and is located at B-61 Surfside Avenue.
e. The subject property has approximately 25.0 feet of
frontage on Surfside Avenue, is approximately 29.20 feet wide at the rear, and has an
average depth of approximately 86.6 feet.
f. The property is presently developed with a single
family dwelling towards the front of the lot and a small storage shed towards the rear of
the lot.
g. It would be possible for the applicant to construct an
accessory structure in the same location that serves the same purpose as the one
proposed, without the attic storage area, which conforms to all applicable height and
setback requirements.
Section 6. Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §11.2.05.015.A; §11.4.05.100.D;
and §11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the
following findings:
a. Proposed Variance 11-3 does not conform with the
General Plan or with any ordinances adopted by the City Council, specifically, the
Zoning Code, as it would exceed the maximum height limit and does not conform to rear
yard setback requirements established by the Zoning Code for detached accessory
structures;
b. There are no special circumstances applicable to the
property, including size, shape, topography, location or surroundings, where the strict
application of the Zoning Code deprives the subject property of privileges enjoyed by
other property in the vicinity and under identical zoning district classification, as nearly
all of the properties within this area of the Surfside Colony share similar lot sizes and
dimensions as the subject property;
c. The approval of the Variance would constitute a grant
of special privileges, inconsistent with the limitations upon other properties in the vicinity
and zone district in which the subject property is situated, as none of those properties
would be allowed to construct a detached accessory structure that approximates the
proposed structure; and
d. Authorization of the Variance would not substantially
meet the intent and purpose of the zoning district in which the property is located, as the
standards for detached accessory structures were established to preclude accessory
structures from serving the same or similar functions as primary structures.
Section 7. Based upon the foregoing, the Planning Commission hereby
denies Variance 11-3.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the Z" day of
Nove m t,e r , 2011, by the following vote:
AYES: Commissioners CVMM In 5 i E✓{rson> 60I ci Le.D ' M,,ssa,-Lgv•ff
NOES: Commissioners Ikione.
ABSENT: Commissioners Go,1 b rrof-i
ABSTAIN: Commissioners Alone,
Sandra Massa- avitt
Chairperson, Planning Commission
/ � I
f
o k Persico,o, AICP
cary, Planning Commission
ission
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