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Home My WebLink AboutCC Res 3427 1985-02-11 RESOLUTION NUMBER ~~j1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S~AL BEACH, CALIFORNIA, GRANTING APPEAL A-5-84 FILED ON A PLANNING COMMISSION CONDITION OF APPROVAL PLACED ON VARIANCE V-3-84 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: I WHEREAS, an application was duly filed by John and Mary Louise Szczerban, 1107 Seal Way, Seal Beach, California 90740; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, I WHEREAS, WHEREAS, the property is described as ParcellS & 16 of Tract No.2, a subdivision of a portion of Block F shown on a map recorded in Book 3, Page 16, filed in the Office of the Orange County Recorder. California; and the proposal is for use of tandem parking in conjunction with major additions to two nonconforming duplexes: and the subject property contains 5,400 square feet and is located 110+ feet south of the centerline of 12th Street (1105, 1105t, 1107, 1107t Seal Way); and the subject property has approximately 60 feet of frontage on Seal Way and a depth of 90 feet; and the property contains 2,158 square feet of legal non- conforming duplexes and two 420 square foot detached two-car garages; the duplexes being physically connected by a second story enclosed deck and balcony; and the surrounding land use and zoning are as follows: North, east and south - a mixture of single family residences, legal non-conforming fourplexes, triplexes and duplexes. West - the Seal Way boardwalk, beach and Pacific Ocean; and on March 2, 1983, the Planning Commission heard a Conditional Use Permit (CUP 6-83) request by the applicant to add 25% to a legal nonconforming duplex at 1107 Seal Way. The Commission discussed its policy regarding additions to non-conforming buildings and it was determined that policy was to upgrade lifestyle while not increasing building or population density; and the Commission unanimously moved that CUP application 6-83 was beyond the scope of its present policy statement and that this matter should come back to the Commission under a variance procedure at no additional cost to the app 1; cant; and WHEREAS, after the public hearing on July 6, 1983, the Planning Commission recommended (Resolution #1297) an amendment to permit additions to nonconforming buildings by'Conditlona1 Use Permit provided the required number and type of parking spaces are provided on the site within the required setbacks; and I WHEREAS, on July 25, 1983, the City Council held a public hearing on Ordinance #1150 amending Chapter 28, Article VII and Article VIII of the Municipal Code relating to non-conforming buildings in the R-2 and R-3 zones; and -..... Resolution Number ~ WHEREAS, on September 12, 1983, after public hearings, the City Council adopted Ordinance #1150; and WHEREAS, adopted Ordinance #1150 R-3 provisions specifically reads: "Section 28-2804, Non-conforming Buildings. Any additions to existing residential structures, rendered legal non- conforming by this Code, may be approved by the Planning Commission with the issuance of a conditional use permit, provided that all parking requirements imposed by Section I 28-2802 of this article are satisfied. For the purposes of this section, the term "additions" shall include all attached, semi-attached or detached structures or improvements; and WHEREAS, on February 15, 1984, John and Mary Louise Szczerban applied to the City of Seal Beach for a variance to construct an addition to a legal non-conforming duplex without provld;ngthe required number and type of parking spaces; and WHEREAS, on March 21. 1984, the Planning Commission held a public hearing on Variance 3-84. After some discussion, the Commiss1oners and staff and the applicant determined that lf they do work on the request a little further and with improvements to the plans, a request more in line wlth City policy could be reached. The CommisSlon then moved to deny the application without prejudice; and WHEREAS. on May 16, 1984, the Planning Commission held a public hearing on resubmitted Variance 3-84. At that time the applicant's representative asked for a continuance so modifications to the plan could be considered; and WHEREAS, on August 15, 1984, the Planning Commission held a public hearing on resubmitted Variance 3-84. At that time the applicant's representative asked for a continuance su to make modifications as recommended in the staff report on Variance 3-84 dated August 10, 1984. The Commission then moved to continue consideration until the September 5th regular meeting; and I WHEREAS, on September 5, 1984, the Planning Commission moved to continue the public hearing on Variance 3-84 until September 19th upon the request of staff due to the fact the newly revised plans were not provided until Commission's agenda packets had been distributed; and WHEREAS, on September 19, 1984, the Planning Commission held a public hearing on Variance 3-84 and it was determined and so ordered by the Chairman, that the applicant return at the regular meeting of October 3, 1984 with revised plans showing a garage with no variance requests except for the use of tandem parking (one set of plans showing removal of exterior stairs and one including stairway); and WHEREAS, on October 3, 1984, the Planning Commission held a public hearing on Variance 3-84 and approved the application subject to conditions set by adoption of Resolution #1318; and I WHEREAS, on October 12, 1984, the applicant made an application to appeal Condltion #1 of Planning Commission Resolution #1318; and WHEREAS, on November 13, 1984, the City Council received the Planning Commisslon's report and recommendations; and Resolution Number ~J.j021 WHEREAS, the City Council makes the fol10win9 findings regarding Appeal A-5-84. I 1) That the ~xten()~' s'~""rwClY ',5 neeaea for the safe use and enjoyment of the property. 2) That the property is unique in nature since it contains two structures that are presently connected and proposed to be further connected. 3) That the required number of parking spaces are being provided. 4) That significant alterations are required for the provision of the required parking. 5) That the applicant voluntarily proposed the establish- ment of a recorded deed restriction which allows on-site enforcement inspection to determine code compliance and prohibit the potential of possible conversion of the proposed additions to these duplexes. NOW, THEREFORE, 8E IT RESOLVED that the City Council of the City of Seal Beach does hereby approve Appeal A-5-84 with the followin9 conditions: I 1) That a written agreement be recorded providing for on- site inspection to restrict the number of units on the subject property to four units and to establish enforce- ment procedures, the terms of said agreement to be approved by the City Attorney. 2) Such agreement shall be executed and recorded by the property owner prior to the issuance of any building permi t by the Ci ty. 3) In the event that the agreement required by condition No. 1 is violated, the Planning Commission may initiate proceedings to modify the conditions of this variance to require the removal of the exterior stairway. In addition, the City may take any other legal remedies available to it. 4) That the sliding glass door proposed on the southeast side of the proposed second story addition to 1105 Seal Way shall not be permitted, and must be replaced with a standard window(s). In addition, no door or door frame shall be permitted in the hallway area on the second floor of 1107 Seal Way which connects the existin9 and proposed improvements. Counci1members () PASSED, APPROVED AND ADOPTED by the City Cou~~l of the Beach at a meeting thereof eld on the - day of 1985 by the following vot AYES: NOES: Counci1members I ABSENT: Councilmembers Resolution Number ~j7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify tha~~6~oregOing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved and ad pted by the City Council of the City of Seal B h at a regular meeting thereof held on the I'J'~ day of , 1985. S,ATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or interested in the above-entitled matter. I am the principal clerk of the printer of the ....:.Jg~...~~..~.... .................................................... a newspaper of general circulation. printed and published ..~................... in the City of ..Se.,j....~......... County of Orange. and which news, paper has been adjudged a newspal'8r of general circulation by the Superior Court of the County of Orange. State of California. underthedateof.~. 19 ~.1. Case Number /JJ..tl.f:.~.~.; thatthe notice. of which the annexed is a printed copy (set " in type not 'smaller than nonpareil). has bee:, published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to-wit: tf)..dv.tJ..uv 3/ ...............................~.................... all in the year 19.J.'t. I certify (or declare) under penalty of perjury that the foregoing Is true and correct , SW ~ Dated at....................... ............. ..... California. thiS.(l.~..day of...!..... 19 'It . ~...~.......'1t~...... Signature FrH co.... at thil bl.nk form m., lI.sHured from: CALIFORNIA NEWSPAPER SERVICE BUREAU.INC. . Legal Advertising Clearing House 120 West Second SI'!. Los Angeles. Calif. 90012 Telephone: 12131625.2541 PlUM r",uHtG.N8RAL pt., of Pul..le.tle. when order,n. this 'arm. I This space Is for the County Clerk's Filing Stamp Proof of Publication of .......................................................... ....~.....~.8::~.... . .................... Paste Cllppin of Notice SECURELY In This Spece I _OF PUIILIC _ NOTICE IS HEREBY GIVEN THAT the Sui Such Clt>>' Council fI till City 01 __wiII_o"",,",,_ on T.....,. N_ 13,1_ 01 7,00 p.rn.. in the City CounCIl Ch.mbIII tD cOftSldlr the foIkM1rII: John & M., 5zc:zerbIn. Appell 5-84 An appeal ~ . Sell s.ch PIInninJ CommIDICIn Condition ~ ApprDWII pllced on V...nce 3-84. ThIS condl- tlOfl requir81 thIt Ute exI8riar stlWI ID "'e__...,oddibonslD these two lepl-nonconforminl.~ du_ Icated 01 1105, 1105", 1107 . 1107.. SUI w., lD bo deleted _tho....... PI.nnina CommIIIiDn ........... No. . 131S DATED THIS 2611I ..., GI ~, "I 1984. Joan.. M. Yea. CItr QIIk : CityGl__, J 0_ 31, 1!1114. l' Publlslwd In the Sell Buch JaumII. I