HomeMy WebLinkAboutCC Res 3793 1988-06-20
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RESOLUTION NUMBER ~19~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH DENYING VARIANCE 4-88, A
REQUEST TO PERMIT AN ADDITION THAT EXCEEDS
TEN PERCENT OF ALLOWABLE FLOOR AREA TO A
NONCONFORMING SINGLE FAMILY RESIDENCE (225
8TH STREET)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, on February 26, 1988, Charles Antos submitted an
application for Variance 4-88 to the Department of
Development Services on behalf of John Sykora; and
WHEREAS, the applicant is requesting permission to construct an
addition measuring approximately l620 square feet to a
nonconforming single family residence; and
WHEREAS, the subject property is a rectangular parcel measuring
37.5 feet by l17.5 feet, or approximately 4406 square
feet; and
WHEREAS, according to the plans submitted, the subject property
contains a single family residence containing
approximately 1400 square feet of floor area. This
single family residence is nonconforming due to
inadequate side and rear setbacks and insufficient
garage area. The existing building is constructed with
a four-foot first floor rear setback and no setback on
the second floor, while nine feet and four and one-'
half feet are required, respectively. One side setback
is three feet wide, whereas an additional nine inches
are required. Finally, one of the required garage
spaces is only 17 feet deep, as opposed to 20 feet; and
WHEREAS, the surrounding land uses and zoning are a mixture of
conforming and nonconforming single and multiple family
dwellings in the RHD (High Density Residential) Zone;
and
WHEREAS, Variance 4-88 is required to permit the proposed room
addition because the proposed addition deviates from
the provisions of Section 28-2407 (2) . This section
permits minor additions to nonconforming residential
buildings which increase the floor area not more than
ten percent (10 %) of allowable floor area; and
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WHEREAS, on May 2, 1973, the Planning Commission adopted
Resolution Number 738, approving Variance 9-73,
authorizing an addition to the subject property. The
Commission found that the addition would not increase
the degree of nonconformity of the property, and that
the addition would match the existing building; and
WHEREAS, the Planning Commission held a public hearing on April
6, 1988 to consider Variance 4-88, and adopted
Resoultion No. 1503 on April 20, 1988 denying the
Variance request; and
WHEREAS, the City Council held a duly noticed public hearing on
Monday, June 6, 1988 to consider Variance 4-88; and
WHEREAS, the city Council makes the following findings:
1. Variance 4-88 would not adversely affect the
General Plan. The addition of l620 square feet to
the subject property, while 865 square feet in
excess of that permitted by Section 28-2407 of the
City Code, would not alter the residential
character of the subject property or the
surrounding neighborhood.
Resolution Number .J?f:J
3.
2.
There are no special circumstances applicable to
the subject property including size, shape,
topography, location or surroundings, such that
the strict application of the zoning ordinance
deprives the subject property of privileges
enjoyed by other property in the same vicinity and
zone. The subject property is a rectangular lot,
measuring 37.5 feet by 117.5 feet. Neither the
shape of the property nor its size deviate from
the standard lot configurations for the tract and
the RHO Zone in general. Consequently, there is
no property-related hardship, distinct from any
other property in the vicinity and zone, which
prevents the owner from complying with the ten
percent (10 %) limit on square footage which may
be added to a nonconforming residential use.
Because there are no unusual property-related
circumstances to support Variance 4-88, the
granting of this application would be a grant of
special privilege.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Seal Beach does hereby deny variance 4-88.
PASSED, APPROVED AND ADOPTED by the city Council of the City of
Seal Beach at a meeting thereof held on the~h day of June, 1988
by the following vote:
AYES: Councilmember(s)
NOES: Councilmember(s)
ABSTAIN: Councilmember(s)
ABSENT: Councilmember(s)
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OUNt"f.
I, Joanne M. Yeo, City Clerk of the City Beach,
California, do hereby certify that the fore resolution
is the original copy of Resolution Number on file in
the office of the City Clerk, passed, approv nd adopted by
the City Council of the City ot..~Sjl.l Beach t a gular
meeting thereof held on the C)t~ day of
1988.
STATE OF CALIFORNIA)
COUNTY OF ORANGE } S5
CITY OF SEAL BEACH }
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