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HomeMy WebLinkAboutPC Min 1983-03-16 It - - MINUTES OF THE SEAL BEACH PLANNING Cm'1~~ISSION OF f'~ARCH 1:6, 1983 The Planning Commision met in regular session on Wednesday, March 16, 1983 in the City Council Chambers of the City Adminis- tration Building. The meeting was called to order by Chairman Covington at 7:35 p.m., and the pledge to the flag was led by Commissioner Jessner. PRESENT: ABSENT: STAFF: Perrin, Jessner, Smith, Covington, and Goldenberg ~one Antos The minutes of the March 2, 1983 meeting were considered and approved- with the addition of the notation that staff has been requested to research the second phase of the policy statement for minor additions to non-conform- ing buildings. The minutes were approved by the following vote: AYES: NOES: ABSTAIN: Perrin) Smith, Covington, Jessner None Goldenber3 PUBLIC HEARINGS A. William Sassenberg, V-2-83 Variance for 6 ft. high fence in the front yard setback at 501 Agua Place. The applicant withdrew his application as of March 16, 1983. TheCommission unanimously accept~d th~ letter of withdrawal. B. Phil Lund/Lyman Sutter, V-3-83 Staff repoft presented by Mr. Antos. This application was submitted last meeting as a CUP. Upon review, it was determined that the proposal did not meet the Commission established policies for minor additions t.onon- conforming building~. It is before the Commission tonight as a variance request. According to findings by the City Attorney, the necessary findings for a variance cannot be made in this case, and therefore, the variance cannot be approved. Mr. Covington asked if the City attorney's findings were to some degree surprising or not fully expected by staff. Mr. Antos replied that they~ were not expected by him. Mr. Covington noted that all actions and discus- sions concerning this property were in good faith, but were overruled ,by the City attorney. Public Hearing Opened. M~. Philip Lund, 2701 St. Louis Avenue, Signal Hill, asked to have reasons for not being able to fall under original policy statement explained. . Planning Commission Minutes of March 16, 1983 Page 2 He stated that the building that he is trying to build will certainly upgrade the community. All types of parking were tried to fulfill needed requirements. Mr. Covington stated that the problem was that the City presently does not have a procedure for this type of expansion at the present time. Mr. Antos stated that the present policy statement is based upon minor additions to nonconforming buildings, ,which allowed for enlarge- ment of existing rooms, bathrooms, closets, porches, not whole rooms. Mr. Covington stated that was the real scope of the policy -~ to upgrade living conditions, without increasing density. He further stated that the City attorney is the final authority. He felt it would be difficult for the Commission to go against the attorney's opinion. He felt it was necesary to try to find the next phase of the policy statement which would encompass cases such as this one. - Mr. Lund stated that he had made a committment and he must honor it. He wanted the Commission to look at that aspect as part of what transpired before. He stated that he had done business with the City for 6 or 7 years and he had relied on staff as absolute. He further stated that he had never been before the Planning Commission before on any other matter. When the plans were brought before the Commission for study session; he felt the design would fall under that criteria that the Commission was formulating at that time, and that he also felt that he had met that criteria in the general study session. He hoped that if further research was neces- sary for an additional policy statement, that it would not be a 'year down the road. Commissioner Perrin asked if it was possible that the Commission could have a closed session relating to legal issues. The Commission agreed to a 10 minute recess while they met in closed session. Planning Commission reconvened at 8:25 p.m. Chairman Covington stated that the Commission had discussed legal issues during the closed session that would be referred to the City attorney. Public hearing was reopened on V-3-83. It was determined by the Commis- sion that clarification was needed from the City attorney, therefore, th~ hearing would be held over for two weeks. C.John Szczerban, V-4-83 Staff report presented by Mr. Antos. This application has come back to the Commission in form of a variance. The application is to add a'family room and bathroom to a non-conforming duplex in the R-3, high density residential zone at 1107 Seal Way. It was noted that according to the City attorney, the necessary findings for a variance cannot be made in this case, and therefore, the variance cannot be approved. -- Revised plans were shown to Commission. To clarify a point, -Mr. Antos stated that State law variance provisions apply to property (the land), and not to the use of the land or buildings on the land. e - . Planning Commission Minutes of March 16, 1983 Page 3 Public Hearing Opened. Mr. & Mrs. John Szczerban of 1107 Seal Way spoke of their desire to add a family room and bathroom. They mentioned that other properties on Seal Way had made additions. It was pointed out by staff that those additions were made before code was changed to present status. Mr. Covington stated that Mr. Szczerban pointed out excellent reasons why a different type of policy statement is needed to recognize these particular type of cases. Commission Perrin asked the applicant that it there was a delay of 3 to 4 months, while a new phase of the policy statement can be formulated, would it be a hardship to him. The ap~licant stated that it would not. Public Hearing Closed. Applicant withdrew the variance with the intention that the application come before the Planning Commission at a later date under new policy pro- visions. Report from Secretary In the last City Council meeting, it was pointed out that the Council approved the transference of $20,000 of HCD block grant funds from low income into an e~onomic viability study for Main Street. Meeting adjourned at 9:10 p.m.