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HomeMy WebLinkAboutPC Res 00-14 - 2000-07-19 RESOLUTION NO. 00-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 00-3, NOT PERMITTING THE ADDITION OF 237 SQUARE FEET TO AN EXISTING SINGLE- FAMILY RESIDENCE LOCATED ON A NON- CONFORMING RESIDENTIAL PROPERTY AT 220 SEVENTH STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 5, 2000, Meg Littlefield and Michael and Deborah Harding submitted an application for Variance 00-3. The applicants seek to construct a 9' by 26'-4" addition (approximately 237 square feet) to the rear of an existing single family residence. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S 11.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 00-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to S 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on May 17,2000, and continued to June 14,2000, to consider Variance 00- 3. At the public hearing the Planning Commission received written and oral testimony. Section 4. The record of the hearing indicates the following: (a) On April 5, 2000, Meg Littlefield and Michael and Deborah Harding submitted an application for Variance 00-3. The applicants seek to construct a 9' by 26' -4" addition (approximately 237 square feet) to the rear of an existing single family residence. (b) The applicants request a variance from the following section of the Code of the City of Seal Beach: o Section 28-2407.2.h.2 - permitting an addition when a minimum of one parking space per unit is not provided. (c) The subject property is legally described as: Lots 18 (the north 12.5 feet thereol) and all of Lot 20 in .Block 107 of Tract Bay City, in the City of Seal Beach, County of Orange, California as per map recorded in Book 2, Page 19, of Miscellaneous Maps in the Office of the County Recorder of said County. (d) The subject property is 37.5 feet by 117.5 feet in area, comprising approximately 4,406.25 square feet of land area. (e) The subject property is non-conforming due to density, parking, and existing building setbacks. The property is large enough to provide two residential structures under current development standards of the city; three residential units currently exist. A total of six parking spaces would be required currently for a total of C:\My Documents\RESO\Variance 00-3.PC Reso.doc\LW\06-27-00 " Planning Commission Resolution No. 00-14 Variance 00-3. 220 Seventh Street July 19, 2000 three housing units on the property. The eXlstmg two-story garage and apartment structure at the rear of the property would be required to have side yard setbacks of 3' -9", and 3' is provided along the southerly property line. No structural additions or modifications are proposed to the existing two-story garage and apartment structure at the rear of the property, (I) Due to the eXlstmg age of the structures, 1947 and 1949, the current development standards of the City are not complied with. (g) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST & WEST: Residential Residential High Density (RHD) zone housing in the SOUTH-EAST: City Hall in the Main Street Specific Plan (MSSP) zone (h) As of June 2, 2000, staff has received no response, written or other, to its mailed notice regarding Variance 00-3. (i) At the public hearing the applicants spoke in favor of the request and persons spoke in opposition to the request. Section 5. Based upon the evidence in the record, including the facts stated in S 4 of this resolution, and pursuant to SS 28-2500 through 28-2502 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 00-3 is inconsistent with the provisions of the Land Use Element of the City's General Plan, which permits residential uses on the subject property. Although the subject property is legal non-conforming, the proposed addition will result in an intensification of use above the present situation of three residential units existing on a parcel adequate in size for two residential units. While the purpose of the variance is to accommodate a physically handicapped occupant, the proposed addition is of a permanent character and would also benefit subsequent owners of the subject property. Such permanent intensification would have long-term adverse impacts upon adjoining properties and the surrounding neighborhood. (b) There are not special circumstances applicable to the subject property that, as a result of strict application o(the zoning ordinance, deprive the subject property of privileges enjoyed by other property in the same vicinity and zone. The purpose of the proposed addition is to accommodate a physically handicapped occupant. This purpose can be met by modifying the interior of the existing structure and does not require expansion of the building, (c) The granting of the requested variance would constitute a grant of special privilege inconsistent with other limitations upon other properties within the same vicinity and zone. Approval of the variance would undermine the fundamental purpose of the City's land use controls by allowing a permanent intensification of use above the present situation of three residential units on a parcel adequate in size for two residential units. Section 6, Based on the foregoing, the Planning Commission hereby denies Variance 00-3 without prejudice. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of Jul v ,2000 by the following vote: Variance OQ-3.PC Reso 2 " Planning Commission Resolution No, 00-14 Variance 00-3, 220 Seventh Street July 19. 2000 A YES: Commissioners Brown, Cutuli, Hood, and Lyon NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners Sharp ~ David Hood, Ph.D. Chairman, Planning Commission Variance 00-3.PC Reso 3