HomeMy WebLinkAboutCC Res 3621 1986-07-14
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RESOLUTION NO. ;f~/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH APPROVING APPEAL NO.1-86
DELETING CONDITION NO. 7 FROM VARIANCE NO. 1-86
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was duly filed by Tom -
Schuveiller and Brian Kyle for a variance to permit
a major remodel and second story addition to an existing
nonconforming commercial building located at 1500-1510~
Pacific Coast Highway. Such variance specifically
requested a deviation from parking, loading zone and
sideyard setback requirements. After holding a duly
noticed public hearing, the Planning Commission on
May 7, 1986 granted Variance No. 1-86 subject to eight
conditions. Condition No. 7 provided for the deintensification
of the existing uses by removing the existing eating/drinking
establishment, known as "Dave's Other Place."
Section 2. On May 15, 1986, David J. Stangeland,
the owner of "Dave's Other Place," duly filed an appeal
of the Planning Commission approval of Condition No. 7
under Variance No. 1-86. On June 9, 1986, the City
Council duly held a public hearing on Appeal No. 1-86
which was limited to the consideration of whether Condition
No. 7 should be part of Variance No. 1-86.
Section 3. The City Council finds that:
1. The purpose of Condition No. 7 was to mitigate
the reduction in required off-street parking spaces
permitted by Variance No. 1-86. Under the Seal Beach
Municipal Code, eating/drinking establishments require
more parking spaces than commercial retail and office
uses. In this case, however, the heaviest patronage
of Dave's Other Place will occur at times when the
commercial retail and office uses on the subject property
will not be normally utilized. Thus, maintaining the
existing eating/drinking establishment will have less
of an impact on the demand for off-street parking than
an increase in commercial retail or office uses. Substantial
evidence was presented that the existing uses on the
subject property have not created a parking problem
in the area even though the existing development does
not provide any improved off-street parking spaces.
The proposed remodeling and addition will provide fourteen
parking spaces. Thus, Condition No. 7 is not required
as a mitigation measure for the parking variance, and
the deletion of Condition No. 7 will not have a detrimental
effect on the public health, safety or general welfare.
Resolution Number.!J6:2/
2. Although Condition No. 7 is not required to
mitigate any adverse effects of the parking variance,
such condition would impose an unnecessary hardship
on the existing eating/drinking establishment. Such
use, which has operated on the subject property for
many years and has been heavily patronized by persons
residing in the area, would be eliminated by Condition
No.7.
Section 4. Based upon the aforementioned findings,
the City Council hereby grants Appeal No. 1--86 and
deletes Condition No. 7 from Variance No. 1-86.
PASSED, APPROVED and ADOPTED this ~ay of July,
1986.
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AYES:
NOES:
ABSENT:
Councilmember
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Councilmember
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the foregoing resolution is the original copy
of Res~tion Number ~~I on file in the office of the City
Cler~~.p~~sed, approved and adopted by the City Council of ~~ City
of Seal B c at a regular meeting thereof held on the /~~ day
of , 1986.
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