HomeMy WebLinkAboutItem 2 Correspondence in Opposition 6 • ' .1,)2 VD
June 6, 2016
Mr. Jim Basham
Director of Community Development
Planning Commission Secretary
City of Seal Beach
211 8"' Street
Seal Beach, CA 90740
RE: NOTICE OF PUBLIC HEARING - MINOR USE PERMIT 16-4 - 25 A SURFSIDE AVENUE
I received the Notice of Public Hearing for Minor Use Permit 16'4, scheduled for the Planning
Commission meeting on Monday, June 6, 2016 at 7 p.m.
The resident living at 25 A Surfside Avenue is requesting approval to construct a 10' x 20' deck
on the second floor, protruding west towards the ocean. At the most westerly portion of the
proposed deck, there will be two large pilasters. My home is located at 24 A Surfside Avenue,
adjacent to the applicant, thus I am concerned that the deck and pilasters will obstruct the view
from my deck and home. Each of the homes adjacent to the subject property has a five-foot
deck on the second floor. For a 10'foot deck to be constructed, in the center of homes with five-
foot decks, would be out of character with the rest of the community.
I would like to outline my reasons for opposition:
1. The positioning of the deck is going to obstruct the view from my property towards the
west-setting sun (Exhibit A);
2. Use of pilasters at the western end of the deck will also interfere with the view;
3. The majority of the homes on either side of the subject property have a five-foot deck on
the second floor;
4. The home at 25 A Surfside currently has an existing stone-clad deck on the sand that is
lO' x 20' which is the maximum allowed under Surfside regulations, however, the
applicant is requesting an additional 15 square feet on the existing deck, which would
make it one of the largest decks in the Colony;
5. Resolution 16-10 - Section 4A states that this deck is to "...be compatible with the
physical characteristics of the site and surrounding land use and will not change the
characteristics of the residence and wi/I be consistent with other properties...." This is not
accurate given the fact that there are no 10' decks on either side of the property or
anywhere near the property. This has a major impact on my residence and overpowering
the area with this large structure;
6. The placement of two large 10' pilasters on the proposed deck at the westerly portion of
the deck is in violation of Colony regulations that no permanent structure can be built on
Colony property (sand). The location of the pilasters is on Colony property and given the
size of the pilasters, they are definitely permanent; and
Mr. Jim Basham
June 6, 2016
Page 2
7. The Surfside Colony A-Row Frontage Lease states on Attachment A-Item C: "No portion
of any such safety rail or windscreen shall be covered or roofed over in any manner and
shall not be secured to the deck or structure overhead. Decks shall not be used as
enclosed roorns.^ Thus it appears that the regulations themselves would preclude the use
of pilasters at the westerly end of the deck.
8. The form of the Surfside Colony A-Row Frontage Lease, which governs use the area where
the proposed second floor deck will be constructed, is attached hereto as Exhibit A. That
lease does not permit construction of the proposed deck. Section 2A of that Lease limits
the lessee to one (1) ten foot wide deck "AT GRADE ELEVATION". Under Section 2B of the
lease, the ten foot deck may be a second floor deck rather than a ground floor deck, but
only if there is no ground floor deck and the only ground floor installation is an "ON'
GRADE, UNENCLOSED SLAB" (Exhibit B). In this case, the resident has an existing ten
foot stone deck on the ground floor that is not "ON GRADE", but has been elevated above
grade level. Further, with the proposed addition of the pilasters to the ground floor level
deck, it cannot be argued that this is merely an on-grade unenclosed slab, as it will now
contain vertical structural elements as well as a horizontal slab and will be used for
structural support of the second floor deck. Clearly, this does not constitute a mere slab
extending horizontally from the residence. The apparent purpose and intent of the lease
requirements is to avoid massing of multi-story decking that changes the character of the
beach front community and materially impacts the air, light and views currently provided
by the beach. The action by the Surfside HOA approving the proposed deck is in clear
violation of the intent and express language of the lease governing the permitted
installations in that leasehold area.
9. Further, the unauthorized and improper action taken by the Surfside HOA in approval of
the proposed deck was taken without notice or meeting of either the architectural
committee or the board of the Surfside HOA, but was apparently "approved" by informal
administrative action. Such action is not permitted by the governing documents of the
HOA, constitutes a deprivation of my property rights without notice or an opportunity to
be heard, violates the Davis-Sterling public meeting requirements applicable to the HOA,
and constitutes a failure of the Surfside HOA to enforce the terms of its lease in
accordance with its fiduciary obligations to the other homeowners in the Surfside
community.
Most importantly, it is my opinion that the proposed deck will be out of character with the nature
of the development in Surfside. In addition, it is my opinion that this deck and structure will
have a major impact on the value of my property as it precludes sunset visibility and creates a
shadow on my property. Thus, I respectfully request that the Planning Commission vote NO on
Minor Use Permit 16-4.
Mr. Jim Basham
June 6, 2016
Page 2
Please do not hesitate to contact me should you have any questions about my comments. Thank
you for your consideration.
Sincerely,
ctcr2::/,
Art Gallucci
24 A Surfside
Seal Beach, CA 90743
(310) 890-1200
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