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HomeMy WebLinkAboutPC Res 15-25 - 2015-11-02RESOLUTION NO. 15 -25 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING VARIANCE 15 -1 AND MINOR USE PERMIT (MUP15 -13) TO PERMIT A REDUCTION OF THE REQUIRED MINIMUM FRONT YARD SETBACK ON A RECTANGULAR SHAPED LOT, ENLARGEMENT OF TWO FRONT ENTRY DOORS AND RECONFIGURATION OF THE FRONT EXTERIOR STAIRWAY AT AN EXISTING MULTI -UNIT RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO PARKING, DENSITY AND FRONT YARD SETBACK LOCATED WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Bruce Boehm ( "the applicant'), submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 15 -1 to encroach 2 feet into the required minimum front yard setback on a rectangular shaped lot and Minor Use Permit (MUP) 15 -13 to relocate a staircase and widen two front entry doors from 30 inches to 36 inches at 131 14th Street within the RHD -20 (Residential High Density — 20) zone. Section 2. This project is determined to be a Class 1 (Conversion of small structures) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the encroachment of an reconfigured exterior stair case into the front yard setback, and the enlargement of a front entry door, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed meeting was held before the Planning Commission on November 2, 2015 to consider the application for VAR 15 -1 and MUP 15 -13. At this meeting, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 2,937.5 sq. ft. parcel developed with a two - story residential duplex and a separate two -story residential structure with an attached two - car garage at the rear of the property. The subject site is located on the west side of 14th Street between Electric Avenue and Ocean Avenue. The subject site is surrounded by residential uses on the north, south, east, and west. The subject property is located in the RHD -20 (Residential High Density — 20) zone. B. The subject site is a rectangular shaped lot with no unique size or configuration when compared to the surrounding properties in the RHD -20 zone. Most of the surrounding properties consist of lots that range from 25 to 50 feet in width and 110 to 117 feet in length and abut an alley at the rear as does the subject site. C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all properties in the RHD -20 zone to provide a minimum front yard setback of 6 feet with a 12 foot average. -1 of 3- Resolution 15-25 131 14" Street D. The applicant is proposing to widen two front doors from 30 inches to 36 inches and to reconstruct the existing nonconforming staircase located within the minimum front yard setback by relocating the new staircase to within 4 feet of the front property line instead of the required 6 foot minimum. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The variance does not conform in all significant respect with the General Plan and with any ordinances adopted by the City Council. The General Plan Land Use Map designates the subject property as Residential High Density and the subject site is not consistent with the residential density for the area. The density requirements in the RHD -20 zone permit one residential unit on the subject site, and the site currently contains 3 units. Also the site requires 2 off - street parking spaces per dwelling unit. The site contains two garage spaces which make the site deficient by 4 parking spaces based on the existing need of 6 garage spaces for 3 units. The applicant's proposal to relocate the stair case does not comply with the minimum front yard setback requirement set by SBMC §11.2.05.015. B. There are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, and application of the Zoning Code does not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification. Residential properties in the RHD -20 zone have a typical lot depth of 110 -117 feet and are abutted by an alley at the rear of the property. Typical lots in the RHD -20 maintain an average front yard setback of 12 feet and a minimum front yard setback of 6 feet. The subject site has no unique characteristics such as size, configuration or topography that make this lot different than others in the same zoned area. Application of the Zoning Code development standards would not deprive the subject property of a staircase to access the existing second floor unit. The applicant has an alternate configuration to replace the exterior staircase that would meet the required front yard setback but has instead chosen to request a Variance to encroach two feet into the required minimum front yard setback. C. The variance does constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The applicant is requesting a reduction in the required minimum front yard setback from 6 feet to 4 feet in order to relocate a staircase that would encroach into the minimum front yard setback by 2 feet. This would not be consistent with the minimum front yard setback applicable to surrounding residential properties in the RHD -20 zone. The applicant is seeking a special privilege or reduction beyond what is applicable to surrounding properties in the RHD -20 zone. The applicant has provided an alternate staircase design that would comply with the required front yard setback but has instead chosen to seek a Variance from the front yard setback requirements. This is a request for a special privilege because there are no physical characteristics that would prevent relocating the staircase to meet current code requirements. D. Authorization of the variance does not substantially meet the intent and purpose of the zoning district in which the property is located but will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. The subject site is located in the RHD -20 zone which is developed with a mix of single family and multi - family residences. The applicant is proposing to relocate the -2 of 3- Resolution 15-25 131 14' Street staircase within the minimum front yard setback area. This will not be consistent with surrounding properties. The applicant's proposal will not comply with all development standards required by the Seal Beach Municipal Code. Section 5. Based upon the foregoing, the Planning Commission hereby denies Variance 15 -1 and Minor Use Permit 15 -13 as the findings for the Variance and Minor Use Permit cannot be made. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 2, 2015, by the following vote: AYES: Commissioners C 1 ho NOES: Commissioners oichen ABSENT: Commissioners ABSTAIN: Commissioners A Jim Barham PI nning Commission Secretary -3 of 3- Esth r Cummings, Chairperson