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HomeMy WebLinkAboutPC Min 1985-02-20 SEAL BEACH PLANNING COMMISSION AGENDA Clty Councll Chambers 211 Elghth Street Seal Beach, Callfornla . 'l'he Seal Beach Plann~ng COlllllUss~on meets ~n sess~on every f~rst and th~rd Wednesday of each month at 7:30 p.m. If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng ~tem, the Cha~rman w~ll call for publ~c test~mony f~rst for those ~n favor of the proJect, and second, for those who are not ~n favor. When you see that the speaker's pos~t~on ~n the center of the room ~s unoccup~ed, step up to the mcrophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the mcrophone by f~rst stat~ng your name and address clearly and d~st~nctly for the records State your bus~ness as clearly and succ~nctly as poss~ble and then wa~t a moment to see ~f the COlllllUss~oners have any quest~ons ~n regard to your comments or quest~ons. If there are no other quest~ons or comments, return to your seat so that the next person may address the COlIIlIUss~on If you w~sh to address the COlllllUss~on on matters other than publ~c hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the publ~c Address the COlllllUss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. Next Resolutlon #1363 FEBRUARY 20, 1985 1. Pledge of Alleglance 2. Roll Call -. 3. Approval of Mlnutes, February 6, 1985 4. Old Buslness. A. VARIANCE 2-85 Resolutlon liS 1360&1361 CONDITIONAL USE PERMIT 1-85 1205, 1205t Seal Way (Contlnued Closed Publ1C Hear1ng Item from February 6, 1985) A request for: 1) MaJor add1tlons to a legal nonconform1ng duplex w1th the requlred number of park1ng spaces. 2) The use of tandem park1ng. 3) Less than the requlred coverage of parklng spaces. Env1ronmental Rev1ew: The proJect 1S categorlcally exempt from Env1ronmental Rev1ew (Cal1forn1a Government Code 15301 Class l(e). Sectlons: 28-2407, 28-804, 28-2313, 28-802 Appl1cant/Agent: M1tchell Sheltraw Owner' Seymore P,zer 5. Comm1ss10n Requests 6. Oral Commun1catlons 7. Comm1ss10n Commun1cat1ons 8. Report from Secretary: A. Postponement of Publ1c Hear1ng on proposed reV1S10ns to the State Lands Speclf,c Plan. B. Counc11 Act10n: Appeal 5-84, John & Mary Szczerban 1105 & 1107 Seal Way 9. AdJournment . . PLANNING COMMISSION MEETING OF FEBRUARY 20, 1985 The Seal Beach Plannlng Comm1ss1on met 1n regular seSS10n at 7:35 p.m. w1th Cha1rman Jessner call1ng the meet1ng to order. Comm1ss1oner Hunt lead the Salute to the Flag. ROLL CALL Present: Cha1rman Jessner Comm1ss1oners: Hunt, Perr1n, R1pperdan Excused Absence: Comm1SS1oner Cov1ngton (R1pperdan moved, second by Hunt, to excuse Comm1ss1oner Covlngton's absence. Mot1on carr1ed unanlmously.) John Baucke, D1rector of Development Serv1ces Dana Ogdon, Adm1n1strat1ve Alde Also Present: APPROVAL OF MINUTES Comm1ss1oner Hunt moved, second by Comm1ss1oner R1pperdan, to approve the m1nutes of the February 6, 1985 regular Plann1ng Comm1ss1on meet1ng as presented: " (i " AYES: NOES: ABSENT: Hunt, Jessner, Perr1n, R1pperdan None Cov1ngton Mot1on Carr1ed - PUBLIC HEARING - VARIANCE 2-85 - CONDITIONAL USE PERMIT 1-85 - 1205/1205 1/2 SEAL WAY Mr. Baucke, the Comm1ss1on Secretary, 1nd1cated th1S publ1C hear1ng could only be heard w1th a maJor1ty approval from the Comm1ss1oners. Comm1ss1oner R1pperdan moved to reopen publ1c hear1ng on V-2-85 and CUP-1-85, Comm1ss1oner Hunts seconds. AYES: NOES: ABSENT: Hunt, Jessner, R1pperdan Perr1n Cov1ngton Mot1on Carr1ed I (1 Mr. Baucke stated that at the February 6th meet1ng, the maJor1ty of the Comm1ss1oners agreed to cont1nue the matter unt1l act10n was taken on ZTA 2-84. He further noted that not 1ncluded 1n the staff report was the lssue addressed by Mr. Robert Lohrke regard1ng the sta1rway adJacent and cont1guous to h1S property Wh1Ch lS proposed to be removed. Baucke also ment10ned that staff 1S recommended that the exter10r door adJacent to the proposed sta1rway be removed as d1scussed by the Comm1ss1on at 1tS last meet1ng. The Comm1ss1oners d1scussed Mr. Lohrke's obJect1on to removal of the common sta1rway. The C1ty Attorney's pos1t1on as transm1tted to staff was that the appl1cant would have had to apply for a var1ance to keep the sta1rway Slnce 1t was nonconform1ng and d1d not meet F1re code. The C1ty Attorney had further 1nd1cated to staff that the matter was personal between Mr. Lohrke and Mr. P1zer and the Plann1ng Comm1ss1on could not use 1t as grounds for not approv1ng th1S appl1cat1on. ~ - . Plannlng Commlsslon Meetlng of 2/20/85 Page 2 e Mr. Jessner declared the publlc hearlng open. Mr. Bob Lohrke, 1207t Seal Way, spoke agalnst the matter. He contended that the removal of a bedroom to be replaced wlth tandem parklng would put vehlcles wlthln 3 feet from hlS bedroom wlndow, both upstalrs and downstalrs. He felt that the nOlse and nUlsance of vehlcles pulllng In and out of drlveway at all hours would be unacceptable. The Commlssloners dlscussed problem, pOlntlng out that the extra parklng would be a beneflt to all of Seal Way and thlS method was used to allevlate some of the parklng problem. Mr. Plzer, the appllcant, stated he would be more than happy to enclose the tandem parklng area to allevlate Mr. Lohrke's concerns, but that lt was not allowed under current zonlng laws. The Commlssloners also dlscussed value of erectlng a low wall adJacent to both propertles, but that the fence may lncrease dlsturbance to upstalrs as lt mlght act as a sprlngboard. Mr. Seymore Plzer, 1205/1205t Seal Way, the appllcant, made hlmself avallable to answer any questlons. The posslblllty of convertlng parklng to accommodate compact spaces was mentloned, but staff pOlnted out that Seal Beach law does not address compact parklng as of yet In resldentlal zones. Mr. Plzer stated that he lntended to be a good nelghbor and would not dlsturb Mr. Lohrke. He was also wllllng to erect a low wall should the Commlsslon feel lt was necessary. Mr. Mltch Sheltraw, agent for appllcant, mentloned survey of other cltles who do use compact parklng rather than standard Slze parklng. Mr. Jessner declared the publlc hearlng closed as there were no others who spoke In favor nor In Opposltlon to thlS matter. The Commlssloners asked of the status regardlng ZTA 2-84. Staff replled that a town hall meetlng has been requested by Councll and ZTA 2-84 shall be mandated back to the Commlsslon to be heard on March 6th for further testlmony. To clarlfy lssue wlth regard to addltlonal bedrooms and bathrooms, Mr. Baucke stated that addltlonal bedrooms do provlde more llvablllty and therefore more denslty. If bathrooms are added, the numbers of bathrooms may have some bearlng on the lssue of lncreased denslty. Mr. Perrln lndlcated that many hours have been spent gOlng through the publlc hearlng process and he felt lt was lmportant to get thlS lssue settled flrst before actlng upon thlS matter. Mr. Jessner lndlcated that Slnce ZTA 2-84 would take at least two months or more, lt was not falr for thlS appllcant to walt for a future law, but to be heard on the eXlstlng laws. Mr. Charles Antos, 316 10th Street, lndlcated that appllcants have always been Judged under eXlstlng laws, not proposed laws. Mr. Hunt moves, second by Mr. Rlpperdan to approve CUP 1-85, Resolutlon #1360, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 1-85 FOR MAJOR ADDITIONS TO A LEGAL NON-CONFORMING DUPLEX WITH THE REQUIRED NUMBER OF PARKING SPACES. Before the vote was taken, Commlssloner Perrln wlshed to clarlfy that he was not opposed to thlS proJect, but that he felt the study should be completed prlor to any actlon by the Commlsslon and that was why he would vote no. AYES: NOES: ABSENT: Hunt, Jessner, Rlpperdan Perrln Covlngton Motlon Carrled e " \~ '. Plannlng Commlsslon Meetlng of 2/20/85 Page 3 e Wlth regard to Varlance 2-85, the Commlssloners dlscussed the two avallable optlons. Mr. Rlpperdan moves to approve V-2-85, wlth the optlon of permlttlng less than the requlred coverage for the proposed parklng spaces, leavlng 6" of the proposed parklng spaces to remaln uncovered. He further lndlcated that fence requlred between propert1es be mandated, however, after dlScusslon the fence requlrement was wlthdrawn. Mr. Hunt seconds. The resolutlon reflectlng thlS actlon wlll come before the Plannlng Commlsslon on March 6, 1985 at the1r regular meetlng. AYES: NOES: ABSENT: Hunt, Jessner, Rlpperdan Perr1n Covlngton Motlon Carrled REPORT FROM SECRETARY Mr. Baucke lndlcated that the State Lands Speclflc Plan hearlng has been held untll staff has drafted addltlonal amendments and reV1S1ons and presented to the Commlsslon for a study seSSlon. Mr. Perrln moves to cancel publlc hearlng prevlously notled and to readvertlse when staff has prepared further lnformatlon. Mr. Hunt seconds. . ~ AYES: NOES: ABSENT: Hunt, Jessner, Perr1n, Rlpperdan None Cov1ngton Motlon Carrled - COMMISSION REQUEST There were no Comm1sslon request. e ORAL COMMUNICATIONS Mr. Robert Cook, 441 Central, stated he was here to: 1) request that a mot1on be made to reconslder the Commlsslonls actlon at the last meetlng regardlng ZTA 1-85, and 2) to request a moratorlum on all appllcatlons for 351 bUlldlng permlts untll after the study the Commlsslon requested has been recelved. He sald the orlg1nal lntent to permlt 35 ft. helght on lots 37~ ft. wldth or greater was to accommodate the loss of flrst floor land due to placlng parklng on the lot. It was not for slngle famlly lots, lt was deslgned to accommodate two unlts on 117 ft. wlde lots. He felt ZTA-1-85 would legallze an lnterpretatlon whlch says that you can put a 35 ft. hlgh bUlldlng on the back half of any lot In the C1ty that lS 37~ ft. w1de. Mr. Cook pOlnted out there were many corner lots that would meet that 37~ ft. wldth, but that were only 50 ft. deep, on WhlCh could then be constructed three stor1es. Mr. Hunt p01nted out that the current law allows anyone wlth a lot 37~ w1dth or greater In an R- 3 zone to bUlld 35 ft. hlgh bU1ld1ngs. He also stated ZTA-1-85 deals wlth placement of the 3rd story only. Mr. Cook asked that the Commlsslon deal wlth depth, not Just w1dth. Commlssloner Jessner lnd1cated that the study request at the last meetlng dealt wlth the relat10nshlp of the helght to the depth and sldeyard of a lot. Mr. Baucke felt Cook's concerns were leglt1mate and would take them lnto account when research1ng the matter. Mr. Perr1n felt that a moratorlum should be placed on these matters, lf the Comm1sslon declded not to revoke ZTA-1-85. The Commlssloners d1scussed Plannlng CommlSSlon Meetlng of 2/20/85 Page 4 e the matter In full. A straw vote was taken WhlCh showed a tle vote. Mr. Jessner stated that Slnce any actlon wlll not change eXlstlng laws, he was In favor of lettlng the amendment go to Councll for thelr lnput. Mr. Cook asked lf lt were posslble to get an oplnlon from the Clty Attorney as the the effect on other Clty propertles should the amendment pass. COMMISSION COMMUNICATIONS There were no Commlsslon communlcatlons. e REPORT FROM SECRETARY Mr. Baucke stated that the Szczerban appeal had been approved by the Clty Councll at thelr last meetlng. The end result was a compromlse. Mr. Jessner stated that he attended the Councll meetlng and wlshed to state for the record, that the Journal was In error when they reported he (Jessner) was In agreement wlth the compromlse. Jessner had suggested that the two slldlng glass doors be replaced wlth wlndows, thereby ellmlnatlng concern that the propertles could be converted to lllegal unlt. Councll allowed one slldlng glass door on the owner's unlt. Mr. Baucke mentloned that Councll wlll request a report from the Commlsslon regardlng thlS matter, accordlng to Seal Beach Munlclpal Code, at WhlCh tlme Commlsslon, should they deslre, may respond to Councll's actlons. Mr. Baucke also mentloned that he attended a meetlng at Walt's Wharf durlng whlch tlme the owner lndlcated he would llke to reopen the restaurant and would come before the Commlsslon at a future date. Mr. Baucke also stated that a JOlnt meetlng of the Old Town Rental Assoclatlon and homeowners wlll be held Thursday, February 28 at 7:30 p.m. In the Mary Wllson Llbrary to dlSCUSS ZTA 2-84 and zonlng hlstory of nonconformlng propertles. ADJOURNMENT It was the order of the Chalr, wlth the concensus of the Commlsslon, to adJourn the February 20th meetlng at 9:37 p.m. ~ ~~~ .