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HomeMy WebLinkAboutPC Min 1983-04-06 ~! e- MINUTES OF THE SEAL BEACH PLANNING COMMISSION OF,APRIL 6, 1983 The ~l~nnfng Co~mision met in regular session on Wednesday, Aprjl 6, .1983 in the City Council Chambers of the City Adminis- trationBuilding. The meeting was called to order by Chairman Covington at 7:35 p.m., and the pledge to the flag was led by Commissioner Goldenberg. . PRESENT: ABSENT: STAFF: Perrin, Jessner, Smith, Covingto~, and Goldenberg -None Antos The minutes of the tlfu r.cli 1 6, 1,983 meeting were considered and approved by the following vote: AYES: f~OES : Perrin, ,'smith, Covington, Jessner, and Goldenberg None' . PUBLIC HEARINGS B. Phil Lund/Lyman Sutter, V-3-83 (Continued) Res. 1 281.,f)ENIED e. Staff ~eport presented by Mt. Antos. This application was submitted origi- nally as a CUP, ~esubmitted at last meeting a~ a varian~e, a~d continued at this meetin8.' The application is to add a second story to four units ofa non~onforming six uriit complex at 1217-1233 Ocean Avenue. The appli- cant proposes to remodel the front building and bring it up to code in safety areas, add a second floor wh'ch would increase each unit from 315 sq. ft. to 5,.4 sq. ft. with a 70 sq. ft. deck. At the last meeting, the Commission adjourned to an executive legal session ~nd the matter was held o~~rfor 2 weeks while the city attorney responded to questions brought upin e~ecutive legal sessfon~ The City attorney's view remained the same, that the necessary findings for a variance cannot be made in this case and therefore the variance cannot be approved. Staff reco~mendation, therefore, was to deny the variance. Commissioner Perrin asked for staff's recommendations. [.1r. Antos replied that, at this time, theappli~ant canrtot meet the test for a variance, therefore, .the variance must be denied. Public Hearing Reopened. 1. Phil Lund, 2701 St. Louis, Signal Hill Applicant showed Planning Commission rendering of lot, including fulfilling present parking requirements, which the applicant felt was not feasible. :- .' -- - P.C. Meeting of 4/6/83 Page 2 Mr. Lund asked for clarification of reason .his project was to be deDied. Chairman Covington stated that the scope of the projed,was clearly outside of the policy that the Commission p~esentl~ has for, additions tor"oncon- f6rming buildinBs and.that since i~ does not satisfy those requirements, and since ~he City attorn~y does not feel that it satisfies those require- ments, then the variance must.be denied~ Mr. Lund stated that there were other cases in the City that had. been granted a ~ariance o~ the basis of buildings on the lot, not on the basis of irregularities on ,the lot. Mr. Covington stated that what the City has. done in the past does not alter present State variance law which is that'a variance is granted based upon the size, the topography of the land, not on what is on the land itself. The present court 'interpretation of variance is as stated and acts of omission and comission do in no way establish a precedent. Current judicial interpretation does not all00 this type of variance today. Mr. Covington reiterated that as the policy regarding additions to noncon-. forming buildings had not been adopted at the time of the study session, that it was still in the formulating stages, that the Commission could have in no way given approval- to a proposed project to come under those guidelines. No one knew at that time what that policy would be. City staff has been advised that there is a need for a CUP that will permit ,.m6re major changes and allow more room and detail with parking with regardc . to nonconforming buildings. Mr. Lund stated that this is only something that might happen 'in the fut~re. Staff has already given Mr. Lund parameters in which to,work with. Mr. Perrin a~ked for an closed executiVe legal session.. ~J P.C. Meeting of 4/6/83 Page 3 . Meeting reconvened at 8:25 p.m. Commissioner Smith moved that V-3-83 be denied without prejudice, with Commissioner Goldenberg seconding. Vote was as follows: Res. 1280 V-3-83 -DENIED & Goldenberg AYES: NOES: ABSTAIN: Covington, Jessner, Smith None Perrin Chairman Covington stated that the denial without prejudice means that Mr. Lund has the right to submit in the future without prejudice. He also stated that Mr. Lund has the right to appeal to the City Council. PLANNING COMM1SSION ITEMS - Zoning Enforcement Discussion Staff report presented by Mr. Antos. Three options for zoning enforcement were discussed: 1) Code enforcement officer, 2) Prop~rty inspection at time of sale, and 3) real property report at time of sale. The Commission agreed to review the options, and discuss/make recommenda- tions to City Council for their review and comment. ~r. Covington asked that other cities be surveyed to determine what property inspection fees were in those cities. .- REPORT FROM SECRETARY Coming before the Commission at the next meeting, is an extension for General Telephone for a second story building, also the renewal of liquor license for Walt's Wharf, and a zoning text amendment dealing with 8.ft. fences along certain areas. Meeting adjourned at 9:45 p.m. ~ J4 ~-W ..J Recording Secreta 'e r.;