HomeMy WebLinkAboutPC Res 12-02 - 2012-03-07 RESOLUTION NUMBER 12-2
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE 12-1 , TO CONSTRUCT AN EXTERIOR
GLASS WALL FOR AN INTERIOR STAIRCASE THAT
ENCROACHES APPROXIMATELY 1'-0" INTO THE
REQUIRED SIDE YARD SETBACK AREA WITHIN
THE RLD-9 ZONE (SURFSIDE) AT A-95 SURFSIDE
AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 13, 2011, Cynthia and Wayne Tomlinson ("the
applicants") submitted an application to the City of Seal Beach Department of
Development Services for Variance 12-1.
Section 2. The requested variance is for the construction of an exterior
glass wall for an interior staircase that encroaches approximately 1'-0" into the required
side yard setback area.
Section 3. Pursuant to Article 18, §15301(e)(1) of CEQA Guidelines,
staff has determined as follows: Variance 12-1 for the construction of an exterior glass
wall that encroaches into the required side yard setback area, is categorically exempt
exempt from review pursuant to the California Environmental Quality Act (Existing
Structures), because the application is to permit a minor expansion of an existing
dwelling.
Section 4. A duly noticed public hearing was held at the Planning
Commission meeting of February 15, 2012 to consider the application for Variance 12-
1. At that hearing, the Planning Commission received testimony, both written and oral,
into the public record and due to the Planning Commission requesting additional
information from the architect and applicant, the Commission voted to continue the
public hearing to the regularly scheduled Planning Commission meeting of March 7,
2012.
Section 5. The record of the continued hearing of March 7, 2012,
indicates the following:
a. On December 13, 2011, Cynthia and Wayne
Tomlinson submitted an application to the City of Seal Beach Department of
Development Services for Variance 12-1.
b. A duly noticed public hearing was held at the Planning
Commission meeting of February 15, 2012. At that hearing the Planning Commission
received testimony, both written and oral, into the public record and due to the Planning
Commission requesting additional information from the architect and applicant, the
Commission voted to continue the public hearing to the regularly scheduled Planning
Commission meeting of March 7, 2012.
c. The requested variance is for the construction of an
exterior glass wall for an interior staircase that encroaches approximately 1'-0" into the
required side yard setback area.
d. The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Residential Low
Density (RHD-9 — Surfside) zone.
SOUTH: Beach; Pacific Ocean.
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.
e. The subject property is approximately 1,698 square
feet in area and is located at A-95 Surfside Avenue within the Surfside Colony'.
f. The subject property contains a single family dwelling
that is approximately 3,418 square feet in area.
g. There are no physical constraints upon the existing lot
that would preclude redevelopment of the lot in a manner consistent with the
development of surrounding lots or that would justify the granting of a Variance.
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 and §11.5.20 of the
Seal Beach Municipal Code, the Planning Commission makes the following findings:
a. Proposed Variance 12-1 does not conform to the
General Plan or any ordinances adopted by the City Council, specifically, the Zoning
Code, as the proposed encroachment into the side yard setback area is not specifically
permitted by the Zoning Code;
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 all of the
properties within the Surfside Colony area are mostly rectangular in shape and there
are no other constraints upon the subject lot that would preclude its redevelopment in
compliance with RLD-9 zoning development standards;
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. It is entirely possible that the
existing lot can be with a single family dwelling and comply with all of the zoning code
requirements; 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
development standards within the RLD-9 zone were established to facilitate uniform
development patterns, adequate building setbacks, and place controls on residential
density within the zone.
Section 7. Based upon the foregoing, the Planning Commission hereby
denies Variance 12-1.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 7 4t day of
MAre,k , 2012, by the following vote:
AYES: Commissioners Guru uA0S, EV{rsorl, Ga.l6re ��� 601ofbizi Mass"- Lav;-F+
NOES: Commissioners hone
ABSENT: Commissioners Non?,
ABSTAIN: Commissioners Mont
Sandra Massa-Lavit
Chairperson - Planning Commission
Je Olivera, AICP
g Secretary - Planning Commission