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Home My WebLink AboutPC Res 07-66 - 2007-12-05 RESOLUTION NUMBER 07-66 OR/Sh 1V4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 07-6, A REQUEST TO ALLOW A SWIMMING POOL, SPA, POOL CABANA, AND POOL EQUIPMENT ENCLOSURE WITHIN THE REQUIRED FRONT YARD SETBACK AREA AT 914 HERON CIRCLE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 3l, 2007, Michael and Jean Cogan applied for Variance 07-6 with the Department of Development Services. The applicant is proposing to construct an in-ground swimming pool and spa, and a pool cabana and pool equipment enclosure within the required front yard setback area. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 Il.A of the City's Local CEQA Guidelines, staff has detemlined as follows: The application for Variance No. 07-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303(e) (New Construction of Small Structures), because the application is for the construction of accessory structures including garages, carports, patios, swimming pools, and fences; 9 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 9 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 Commission on December 5, 2007 to consider the application for Variance No. 07-6. Section 4. The record of the hearing on December 5, 2007 indicates the following: (a) On October 31, 2007, Michael and Jean Cogan applied for Variance 07-6 with the Department of Development Services. The applicant is seeking to construct an in-ground swimming pool and spa, and a pool cabana and pool equipment enclosure within the required front yard setback area. (b) The subject property contains approximately 10,787 square feet and is located at 914 Heron Circle. 10f4 Planning Commission Resolution No. 07-66 Variance 07-6 914 Heron Circle December 5,2007 (c) The subject property has approximately 135 feet of frontage on Heron Circle, is irregular in shape, having approximately 52.73 feet of width along the rear property line, and has an average depth of approximately 114.95 feet. (d) The surrounding land use and zoning are as follows: WEST: Single family residences in the Specific Plan Regulation (SPR) Zone. Open Space/Parkland associated with the Heron Pointe development. Open Space/Parkland associated with the Heron Pointe development; Seal Beach Boulevard. Single family residences in the Specific Plan Regulation (SPR) Zone. NORTH: SOUTH: EAST: (e) The subject property is mostly trapezoidal in shape, with a long, curvilinear street frontage such that a significant portion of the residence is actually forward of the point where the front lot line meets the southern side lot line. (f) The subject property is the only one in the Heron Pointe development that has such an irregular shape, a 55 foot difference between side lot line depths, as most other side lot lines on cul-de-sac lots within Heron Pointe have no more than a 15 foot difference in length. (g) Staff has received no communications in response to the mailed and published notice of this hearing. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-801,28-2407,28-2500,28-2501, and 28-2502 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 07-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Specific Plan Regulation" designation for the subject property and permits residential land uses in accordance with certain development standards. The proposed additions to an existing single-family residence will retain the current residential character of the property, while providing additional options to the living accommodations to the residents, which is one of the goals of the Land Use Element. 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) Because of the special circumstances applicable to the property, including size, shape and location of surroundings, the strict application of the Zoning Code deprives the property of privileges enjoyed by other property in the SalIle vicinity and zone. Specifically, the subject property is mostly trapezoidal in shape, with a long, curvilinear front property line and vastly differing side property line depths. The strict application of the setback requirements would restrict the developable area of the lot and result in irregular nondevelopable areas ofthe lot in order to comply with required setback provisions ofthe Municipal Code. 20f4 Planning Commission Resolution No. 07-66 Variance 07-6 914 Heron Circle December 5, 2007 (c) The granting of this variance will not constitute a grant of special privilege inconsistent with other limitations on other properties in the same vicinity and zone, given that other properties in the vicinity do not have such irregular lot shapes and lot lines, and because the variance allows the subject property to have useable area roughly equivalent to that of equivalent sized parcels in the surrounding area, which are less irregularly shaped. (d) The requested variance for the addition of a pool, spa, cabana, and pool equipment enclosure occur in an area of the lot where the southern end of the front lot line is rearward of the front half of the existing residence. The grallting of the requested variance for the pool, spa, cabana, and pool equipment enclosure would not be detrimental to adjoining properties as the variance requested would allow for a practical use of the side yard of the property, and would not interfere with an abutting residence since there is not cUlTently a residence developed on the abutting lot, nor could the abutting lot, due to its shape and size, feasibly accommodate a residence being developed in the future Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 07-6, subject to the following conditions: 1. Variance 07-6 is approved for an in-ground swimming pool, spa, pool cabana, and pool equipment enclosure to be located within the required front yard setback area of the existing single family residence at 914 Heron Circle. 2. All construction shall be in substantial compliance with the plans approved through Variance 07-6, as submitted. 3. Building permits shall be obtained for the approved structures. 4. 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 retumed to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. The applicallt shall indemnify, defend, and hold hannless the City, its officers, agents, and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, fimls, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use pennitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Plan Review, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the perfonnance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold haml1ess the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connectiun with any such claims, losses, lawsuits or 30f4 Planning C01l1mission Resolution No. 07-66 Variance 07-6 914 Heron Circle December 5, 2007 actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of December 2007 by the following vote: AYES: Commissioners Deaton, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Roberts ABSTAIN: Commissioners None da.Vd~~hn) / llery Deaton Chairperson, Planning Commission ~~~ . Lee ittenberg t..ft Secretary, Planning-c:mIO 'ssion ***** 40f4