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HomeMy WebLinkAboutPC Res 00-07 - 2000-03-08 v ~ RESOLUTION NUMBER 00-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 00-1, A REQUEST TO ALLOW THE ADDITION TO THE SECOND FLOOR OF AN EXISTING, NON-CONFORMING BUILDING WITHIN THE REQUIRED SIDE YARD SETBACK OF A SINGLE F AMIL Y HOUSE IN THE RESIDENTIAL MEDIUM DENSITY ZONE AT 301 14TH ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 8, 2000 Wai Lee "The Applicant" submitted an application for Variance 00-1 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required side yard setback in a residential zone. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 00-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 15303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area; 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 approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Comrnissionon March 8, 2000 to consider the application for Variance No. 00-1. At the hearing the applicant spoke in favor of the request. Section 4. The record of the hearing on March 8, 2000 indicates the following: (a) On February 8, 2000; Wai Lee ("The Applicant") submitted an application for Variance 00-1 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required side yard setback in a residential zone. (b) The subject property is located at 301 14th St. (c) The subject property is rectangularly shaped with a lot area of approximately 3750 square feet. . (d) The surrounding land uses and zoning are as follows: NORTH Residential Housing located in a Residential Medium Density Zone (RMD) and General Commercial located in a C-2 zone. WEST Residential Housing located in the Residential Medium Density (RMD) zone and Zoeter Field located in a Public Land Use (PLUIR) zone. EAST & SOUTH Residential Housing in a Residential High Density (RHD) zone & residential housing in a Residential Medium Density (RMD) zone. (e) In response to the mailed and published notice of this hearing staff has received no complaints, written or other, to this request. Section 5. Based upon the facts contained in the record, including those stated in S 4 of this resolution and pursuant to SS 28-2500 through 28-2502 of the City's Code, the -', Planning Commission Resolution No. 00-7 March 8. 2000 Planning Commission hereby finds as follows: (a) Variance 00-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high density residential" designation for the subject property and permits single and multiple family residential uses. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The subject property is unique physically in that it currently has a stairwell leading to the second floor with the landing currently existing in the required side yard setback. This is the only landing on the second floor and is therefor unique to allow construction to occur off of that landing. The new construction will be moved back in the requisite 15% side yard setback at approximately 5 feet, the required amount to allow the door clear opening radius. (c) The granting of this variance will not constitute a special privilege given to one resident that would not be afforded to another by virtue of the fact that very lots contain properties that only have one stairwell to the second floor which has a landing in the required side yard setback. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 00-1, subject to the following conditions: 1. Variance 00-1 is approved to allow addition of 198 square feet to the second floor of a legal, non-conforming structure at 301 14th St., 5 feet of which will be encroaching into the required setback. This area will remain flush with the existing house. 2. All construction shall be in substantial compliance with the plans approved through Variance 00-1. 3. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day of March, 2000 by the following vote: AYES: Commissioners NOES: Commissioners ABSTA1N: Commissioners c.e _: JJ pt- David Hood, PhD., Chao an Planning Commission ee Whittenberg, Secretary Planning Commission Page 2