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HomeMy WebLinkAboutPC Min 1985-05-15 SE' BEACH PLANNING COMMISSION AGENr Clty Councll Chambers 211 E1ghth Street Seal Beach, Cal1forn1a - The Seal Beach Plann~ng Comm~ss~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 ~crophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the ~crophone 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 Conmuss~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 Conmuss~on If you w~sh to address the Conmuss~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 Conmuss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst MAY 15, 1985 NEXT RESOLUTION #1376 1 Pledge of Alleglance 2 Roll Call 3 Report from Secretary 4 Consent Calendar At thlS tlme, members of the publlC may present test1mony to the Commlsslon as to why any 1tem should be removed from the consent calendar for a full and separate publlC hear1ng Unless a Comm1ssloner requests a full publlC hearlng, all consent agenda 1tems w1ll be acted upon 1n one summary vote e (A) Mlnutes of May 1, 1985 5 PubllC Hearlngs (A) ZONING TEXT AMENDMENT - ZTA 2-84 Resolut1on #1371 A request to Establ1sh spec1f1c llm1tat1ons and publ1C rev1ew procedures for add1t1ons and mod1f1cat1ons to non-conform1ng res1dent1al propert1es EnV1ronmental Rev1ew Negat1ve Declarat10n 6-84 has been prepared 1n lleu of an Env1ronmental Impact Report Appl1cant C1ty of Seal Beach (B) ZONING TEXT AMENDMENT 2-85 Resolut1on #1368 A request to Establ1sh speclf1c standards, cr1ter1a and regulat10ns for the 1nstallat1on of satell1te dlSh antennae EnV1ronmental Rev1ew Negat1ve Declarat10n 3-85 has been prepared 1n lleu of an Env1ronMental Impact Report C1ty of Seal Beach Appl1cant e May 15, 1985 COMMISSION AGENDA e Page 2 (C) CONDITIONAL USE PERMIT 4-85 Resolutlon #1372 Lucky Stores, Inc (12121 Seal Beach Blvd) A request to Permlt a walk up/take out restaurant (Dell) In a General Commerclal Zone (Rossmoor Center) EnVlronmental Relvew Sectlons Appllcant Owner (D) The prOJect lS categorlcally exempt from Envlronmental Revlew 28-1300, 28-2503 Lucky Stores, Inc Rossmoor Buslness Center (Century Natlonal Propertles, Inc ) CONDITIONAL USE PERMIT 5-85 Resolutlon #1373 Rossmoor Athletlc Club (12235 Seal Beach Blvd ) A request for A permlt to provlde on-sale beer and Wlne In conJunctlon wlth an eXlstlng health club located In the C-2 (General Commerclal) Zone (Rossmoor Center) EnVlronmental Revlew Sectlon e Appllcant Owner (E) VARIANCE 5-85 550 Ocean A request to The prOJect lS categorlcally exempt from Envlronmental Revlew 28-1300(a), 28-2503 Steven Holbrook ElllS (Rossmoor Athletlc Club) Same as above Resolutlon #1374 Allow structural addltlons to a legal non- conformlng bUlldlng to lntrude lnto the requlred sldeyard setbacks (550 Ocean) EnVlronmental Revlew Sectlon Appllcant Owner (F) VARIANCE 6-85 1619 Seal Way A request for The proJect lS categorlcally exempt from Envlronmental Revlew [Callfornla Govern- ment Code Sectlon 15301(e)] 28-401(6), 28-2500 Zember Constructlon Company, Inc Ellen Musso (301 Ocean Ave) Resolutlon #1375 1) 2) The use of tandem parklng Structural lntruslons lnto the requlred sldeyards The proJect lS categorlcally exempt from Envlronmental Revlew [Callfornla Government Code Sectlon 15301(e)] EnVlronmental Revlew Sectlon e Appllcant Owner 28-801, 28-802, 28-2500 Blll Rldgeway Deslgn Gary & Grace Canady (1619 Seal Way) May 15, 1985 COMMISSION AGENDA Page 3 e 6 Scheduled Matters The publlC may speak at the dlscretlon of the Commlsslon (A) Report from Clty Attorney on survey and subdlvlslon accuracy (B) Resolutlon 1367 - Denlal wlthout preJudlce - Varlance 4-85 Tlny Naylor's (941 Paclflc Coast Hwy.) 7. Commlsslon Requests 8 Oral Communlcatlon from the Audlence 9 Commlsslon Communlcatlons 10 AdJournment Agenda Forecast June 5, 1985 -Zonlng Text Amendment 3-85 Fences and Wall Placement Provlslons -Admlnlstratlve Appeal 2-85 Char-o-Chlcken - 333 Maln St -Condltlonal Use Permlt 6-85 N1Ck's Dell - 223 Maln St -Condltlonal Use Permlt 7-85 e Dorothy Hllton - C 11 Surfslde -Varlance 7-85 Phll Allen - 1217 Seal Way e . . . PLANNING COMMISSION MEETING OF MAY 15, 1985 The Seal Beach Plannlng Commlsslon met In regular seSSlon at 7:38 p.m. wlth Chalrman Jessner call1ng the meetlng to order. Commlssloner Rlpperdan lead the Salute to the Flag. ROLL CALL Present: Chalrman Jessner Commlssloners: Covlngton, Hunt, Perrln, Rlpperdan None John M. Baucke, Dlrector of Development Servlces Dana Ogdon, Admlnlstratlve Alde Absent: Also Present: REPORT FROM SECRETARY The Commlsslon Secretary, Mr. Baucke, had no ltems to report to the Plannlng Commlsslon. CONSENT CALENDAR There was one ltem on the consent calendar for the Commlsslon's conslderatlon: the mlnutes of the May 1, 1985 regularly scheduled Plannlng Commlsslon meetlng. The mlnutes were corrected as follows: Commlssloner Covlngton requested clarlflcatlon of Coast Property's posltlon as he stated to be added to 2nd page of mlnutes. Covlngton had stated that "due to converSlon of lost parklng spaces to addltlonal landscaplng by Tlny Naylors, Coast Property Management, representlng the landowner, wlthdrew ltS support for Tlny Naylor's proposal. The Commlsslon Secretary had lndlcatd "that due to loss of support by landowner, staff could not recommend approval of the varlance request." Chalrman Jessner requested that hlS statement clarlfYlng the varlance request be added to the mlnutes, l.e., "that the varlance request as presented was the orlglnal condltlonal use permlt request wlthout the two condltlons regardlng slgnage and landscaplng added to It''. That statement to be placed at the end of the large paragraph on page 2. Commlssloner Covlngton corrected the wordlng on page 4 to read "contlnue publlc hearlng" rather than "postpone". Commlssloner Covlngton moved to approve the mlnutes of May 1, 1985 Plannlng Commlsslon meetlng as corrected; Commlssloner Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon Carrled A. PUBLIC HEARING - ZONING TEXT AMENDMENT ZTA 2-84 - RESOLUTION #1371 Mr. Baucke, lndlcated that thlS amendment had been studled by the Plannlng Commlsslon and lnvolved cltlzens for some tlme. The amendment establlshes three reVlew levels for allowable lmprovements to nonconformlng resldentlal bUlldlngs and uses. Mr. Baucke fully explalns the proposed ordlnance for the beneflt of the members of the audlence. On the basls of a suggestlon by Mr. Covlngton, the phrase "one-tlme or cumulatlve" was added to Sectlon 4.A.2.l. Chalrman Jessner declared the publlc hearlng opened. . . . Mlnutes ot May 15, 1985 Page 2 Marlan Sklnner, 125 6th Street, asked lf her property would be lmpacted. Mr. Jessner stated thlS amendment creates gUldellnes for maklng addltlons or changes to a nonconformlng bUlldlng. He further lndlcated that at the present tlme, there lS no way property owners can make addltlons or changes to nonconformlng bUlldlngs unless they meet the parklng requlrements. Therefore, the only manner In whlch her property could be lmpacted were lf addltlons or changes were made to the eXlstlng structure. Olln Pate, 137 12th Street, congratulated the Plannlng Commlsslon on thelr efforts. He further mentloned that under thlS amendment, he could not add a closet to a bedroom as hlS property lS over 30 dwelllng unlts per acre denslty and he would have to provlde a thlrd garaage for which there lS no room on hlS property. The Commlsslon fully dlscussed Mr. Pate's request. Bruce Stark, 204 Ocean Avenue, spoke In Opposltlon to the amendment as he felt lt dld not address all the lssues brought up In preVlOUS study seSSlons, such as Mr. Pate's dllemma wlth the closet, the 10% llmltatlon, optlons dlscussed of correspondlng expanSlons to lot Slze. In partlcular, Mr. Stark felt that the lssue of lllegal garage uses should have been addressed In thlS ordlnance or at least an accompanYlng document to thlS ordlnance. He was dlsappolnted that many lssues and concerns of the cltlzenry were not addressed. MltZl Morton, 153 13th Street, also thanked the Commlsslon on behalf of the Old Town Rental Assoclatlon, for thelr efforts In draftlng thlS amendment. She requested that room be left for the addresslng of speclal sltuatlons such as Mr. Pate's closet. Charles Antos, 316 10th Street, was surprlsed that Lelsure World was not present as he felt that the amendment would lmpact the 6000+ structures bUllt 20 years ago In Lelsure World. Accordlng to the ordlnance, Antos stated most bUlldlng permlts taken for Lelsure World would be placed on consent calendar as the entlre area lS nonconformlng due to parklng. Staff replled that Lelsure World was adopted through a planned unit development process and lS consldered to be conformlng. Antos stated that any house on the Hlll, In College Park East that has a pool that was bUllt more than 5 years ago, lS nonconformlng due to rear yard setback. Antos felt that the Commlsslon should be aware of all these posslbllltles. Mr. Antos felt that thlS was a more narrow amendment that the people who worked on thlS had suggested. He further suggested that lf the Commlsslon approves and lf problems arlse In the lmplementatlon of this, that the Commlsslon wlll brlng thlS back, resettlng and correctlng the problem qUlckly. Mr. Hunt and Mr. Covlngton clarlfled the pOlnt that Lelsure World lS consldered conformlng as lt was developed under planned unlt development. Wlth regard to Mr. Anto's statement that all homes older than 20 years would need lnspectlon WhlCh mlght prove that the property lS nonconformlng - Baucke stated that the ordlnance reads nonconformlng bUlldlngs and uses, therefore setback due to SWlmmlng pool would not place property as nonconformlng. Mr. Stark, asked for clarlflcatlon as to why Lelsure World lS conformlng whlle hlS property lS not. It was explalned that Lelsure World has ltS own code WhlCh was adopted through the planned unlt development process. Chalrman Jessner declared the publlc hearlng closed. Mr. Baucke lndlcated he would have no problem wlth an automatlc reVlew perlod In 6 months. Mr. Baucke suggested that a change be made In denslty of 30 dwelllng unlts per acre to be changed to 34.85 dwelllng unlts per acre, whlch would apply to those propertles developed after 1973 In the flrst downzonlng of development In the Clty. Thls wlll accommodate a large number of bUlldlngs that were bUllt at a preVlOUS tlme In the Clty accordlng to an eXlstlng standard pursuant to General Plan adoptlons In October, 1973. Commlsslon agrees. . . . M1nutes of May 15, 1985 Meet1ng Page 3 Mr. Cov1ngton moves to approve Negat1ve Declarat10n 6-84 as presentedi Mr. Hunt seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed Mr. Cov1ngton moves that Resolut1on No. 1371, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT ZTA 2-84 PERMITTING SPECIFIC MINOR AND MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS OR EXPANSIONS TO LEGAL NON-CONFORMING RESIDENTIAL BUILDINGS, be adopted as mod1f1ed. He further compl1mented staff for 1ntegrat1on of 1nput Wh1Ch sat1f1es broad spectrum of commun1ty. Mr. R1pperdan seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed Cha1rman Jessner ment10ned that th1S matter had been d1scussed by staff, Comm1ss1on and 1nterested c1t1zens for 2-3 years. He felt that th1S amendment went 1nto much greater deta1l and depth than has ever been addressed before. Commm1ss1oner R1pperdan asked that the chart be 1ncluded 1n the ord1nance for clar1f1cat1on 1n 1nterpretat1on. B. PUBLIC HEARING - ZONING TEXT AMENDMENT 2-85 - SATELLITE DISH ANTENNAE Staff report as presented by Mr. Baucke, stated th1S was a request to establ1sh spec1f1c standards, cr1ter1a and regulat10ns for the 1nstallat1on of satell1te d1Sh antennae. Th1s publ1c hear1ng was cont1nued from May 1, 1985 to enable staff to survey other coastal c1t1es, wh1le work1ng 1n conJunct1on w1th representat1ves of the 1ndustry to cons1der whether any amendments should be made to the proposed ord1nance. That survey was accompl1shed and results glven to Comm1ss1on. As a result of that survey, add1t1onal language ws added to the ord1nance as reflected 1n the staff report. Mr. Baucke 1nd1cated all 1nformat1on rece1ved from manufacturers 1nd1cate that a 12 foot d1Sh d1ameter lS adequate and the technology lS 1mprov1ng so that smaller d1shes should be ava1lable 1n the future. Mr. Baucke also 1nd1cated that temporary d1shes would not requ1re a bU1ld1ng perm1t, that th1S ord1nance addresses a permanent 1nstallat1on. Mr. Cov1ngton asked that the ord1nance language be changed to reflect "permanent" 1nstallat1on and was so agreed by Comm1ss1on. Cha1rman Jessner declared the publ1c hear1ng opened. Mr. Baucke presented a letter from Mr. Glen Jones of S J Enterpr1ses, 1nd1cat1ng h1S requ1rements for 1nstall1ng a d1sh antenna. Baucke 1nd1cated that most 1nstallers prefer to 1nstall at the ground level so as not to rece1ve terrestr1al 1nterference. He also felt that Mr. Jones' comments were already 1ncorporated 1nto the ord1nance. As no members of the aud1ence spoke 1n favor nor 1n Oppos1t1on to ZTA 2-85, the Cha1rman closed the publ1c hear1ng. Mr. R1pperdan asked that the word1ng "and shall not exceed a he1ght of 15 feet for roof mounted" be added, to wh1ch the Comm1ss1on agreed. Mr. R1pperdan moves to approve Negat1ve Declarat10n 3-85i second by Comm1ss1oner Cov1ngton. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed . . . Mlnutes of May 15,1985 Page 4 Commlssloner Rlpperdan moved to approved Reso1u1tlon #1368, A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT ZTA 2-85 ESTABLISHING STANDARDS, CRITERIA AND REGULATIONS REGARDING DISH SATELLITE ANTENNAE, wlth changes as recommended to Ordlnance; Mr. Covlngton seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon carrled C. PUBLIC HEARING - CONDITIONAL USE PERMIT 4-85 - LUCKY STORES, INC. Mr. Baucke presented the staff report for thlS request to permlt a walk- up take-out restaurant In the Rossmoor Center for an eXlstlng facl11ty. He lndlcated that prlor owner (Smlth's Food Klng) had operated thlS dell portlon of the property wlthout a permlt wlth no apparent negatlve lmpact upon the communlty. Recommendatlon was for approval of the CUP wlth condltlons as noted In the staff report. Chalrman Jessner declared the pub11c hearlng open. Adrlan Bar10tto representatlve of Lucky Stores lndlcated he lS In full agreement wlth staff's flndlngs. As no others spoke In favor nor In Opposltlon to the CUP, Mr. Jessner declared the pub11c hearlng closed. Mr. Covlngton pOlnted out that thlS request dld not lncrease the lntenslty of use nor the square footage of the estab11shment and lS essentla11y an assumptlon of an on-golng serVlce; therefore he would support thlS request. Mr. Covlngton moves to approve Reso1utlon #1372, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 4-85, A REQUEST TO PERMIT A WALK UP/TAKE OUT RESTAURANT (DELI) IN A PORTION OF AN EXISTING LUCKY'S STORE; Mr. Hunt seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrrln, Rlpperdan None Motlon Carrled D. PUBLIC HEARING - CONDITIONAL USE PERMIT 5-85 - ROSSMOOR ATHLETIC CLUB Mr. Baucke presented the staff report for the Commlsslon's conslderatlon. He lndlcated thlS was a request to permlt on-sale beer and Wlne In conJunctlon wlth an eXlstlng health club located In the Rossmoor Center. Recommendatlon was for approval of the CUP wlth condltlons as noted In the staff report. Mr. Jessner declared the pub11c hearlng opened. Steven E111s, owner, lndlcated he had no dlfflcu1ty wlth the condltlons lnc1udlng the stlpu1atlon to 11mlt to two drlnks per servlng to each member or guest. Chrlstopher More, Seal Way, spoke In Opposltlon to the request. He felt that a health club should not be In the buslness of servlng beer to ltS patrons. He further stated that many chl1dren are present at the club WhlCh further negated the need for servlng beer. 011n Pate, 137 12th Street, spoke In Opposltlon to the request. He felt there was no need for a health club to serve beer. He further mentloned the 11abl11ty lncurred by a Commlsslon who allowed beer and Wlne In a health club. He also mentloned that he lS a member of the health club, and as such feels the club has very poor buslness practlces. He lndlcated that the owner refuses to honor the eXlstlng contract. As no others spoke In favor nor In Opposltlon, the Chalrman declared the pub11c hearlng closed. Mr. E111s c1arlfled that the chl1d care area lS In a separate room from where food and beer wl11 be served Chl1dren are not free to leave the center unless removed by a parent. . M1nutes of May 15, 1985 Page 5 It was determ1ned that an 8th cond1t1on would be added to Resolut10n #1373 that "Beer and W1ne be served only to members and guests of the club w1th a two dr1nk 11m1t. Mr. Hunt moves to approve Resolut10n #1373 as mod1f1ed, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 5-85, A REQUEST TO PERMIT ON-SALE BEER AND WINE IN CONJUNCTION WITH THE ROSSMOOR HEALTH CLUB; Mr. Cov1ngton seconds. Mr. Cov1ngton expressed the thought that there 1S no val1d reason to deny th1S request but that he feels the C1ty should have a formula that many commun1t1es use for prevent1ng Seal Beach from hav1ng one beer and W1ne CUP for every 3 or 4 1nhab1tants. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot10n Carr1ed E. PUBLIC HEARING - VARIANCE 5-85 - 550 OCEAN AVENUE Mr. Baucke presented the staff report for the Comm1ss10n's cons1derat10n for a request to allow structural add1t1ons to a legal nonconform1ng bU11d1ng to 1ntrude 1nto the requ1red sldeyard setbacks at 550 Ocean Avenue. Staff felt there are two ma1n p01nts to cons1der: 1) that the subJect property 1S located adJacent to a port10n of 6th Street Wh1Ch 1S 1naccess1ble to pr1vate veh1cular use; 2) all slde setbacks 1n the D1str1ct 1 Wh1Ch abut a street must ma1nta1n 15% of the lot w1dth as open area. Recommendat10n was for den1al of Var1ance 5-85 for the reasons stated 1n staff report. . The Cha1rman declared the publ1c hear1ng opened. ReplY1ng to Comm1ss10n's quest10ns, staff repl1ed that the present structure v101ates both sldeyard setbacks. The appl1cant 1S ask1ng to cont1nue the eX1st1ng bU11d1ng 11nes Wh1Ch are encroach1ng 1nto the setbacks. Mr. Baucke also 1nd1cated there are several propert1es adJacent to nonaccess1ble streets wh1ch have 3 ft. setbacks. There are some older structures wh1ch v101ate the 3 ft. 1nternal setback. Th1S property does v101ate the 10% requ1rement. It may be determ1ned that other propert1es that have the same un1que c1rcumstance, then grant1ng one of these a var1ance does not 1n 1tself produce a grant of spec1al pr1v11ege 1t merely establ1shes precedent for these propertles to f1nd rel1ef, as far as 10cat10n 1S concerned. It was also determ1ned that Comm1ss10n could e1ther approve or deny the var1ance and also had the opt10n to part1ally approve the var1ance request 1f f1nd1ngs could be made for grant1ng. Mr. Baucke felt that by add1ng a fourth cond1t10n, the Comm1ss10n could make a baS1S for grant1ng a portlon of the var1ance and staff would have no problem w1th that act1on. LOU1S Zember, contractor represented the owner Ellen Musso, w1shed to conform w1th the eX1st1ng bU11dlng 11nes wh1ch 1S bU11t on a 3 ft. setback. Th1S would allow the roof 11nes and the wall llnes of the addlt10n to 11ne up. He felt th1S 1S pr1me property 1n the C1ty and the contractor . . . . Mlnutes of May 16, 1985 Page 6 would llke to lncrease square footage wlthout havlng the structure look llke an addltlon. Mr. Zember was not asklng to vlolate the setback of 3 feet. He lndlcated that 30% of the lots are bUllt In that area wlth less than 10% of lot wldth: 3 on the property llnei another 3 bUllt wlth less than 3 ft. setbacksi and an addltlonal 7 of the remalnlng 13 that are bUllt wlth 3 ft. setbacks wlth the lots belng wlder than 26 feet. Contractor felt there are many propertles enJOYlng what lS belng denled to thlS property owner, such as 350 Ocean Avenue. Staff lndlcated there were no structural addltlons and expanSlons at 350 Ocean Avenue, therefore no need for varlance per Code. Commlsslon dlscussed posslblllty of grantlng portlon of the varlance request on the slde abuttlng the stub end street. Mr. Zember also lndlcated there was no flre hazard, as the 3 ft. area was adequate for flre vehlcles. Chalrman Jessner lndlcated that the lnterlor sldeyard setback mlnlmum for thlS partlcular lot lS 4! feet, not 3 ft, as the 10% rule applles. Mr. Zember lndlcated that there were many other propertles that enJOY 3 ft. setbacks. Marlo Musso, 301 Ocean Avenue, spoke In favor of hlS appllcatlon. He lndlcated that the property wlll be a slngle famlly resldence for hlS mother. Mr. Musso has been a long tlme resldent of Seal Beach wlth a vested lnterest In the communlty. He felt that every plece of property should be looked at lndlvldually and would entertaln any posltlve suggestlons that Commlsslon would make. Chalrman Jessner closed the publlC hearlng as no one else spoke In favor nor In Opposltlon to the matter. Mr. Rlpperdan felt that changlng the deslgn to meet the Code setbacks would not hurt the deslgn of the structure and there was no reason why the code setbacks should not be adhered to, therefore, he would not support the varlance request. Mr. Rlpperdan then moved to deny the request. Mr. Hunt felt that there lS a deslrable reason for havlng setbacks, but that In thlS partlcular case the reason for havlng setbacks lS already lost as the eXlstlng structure does not comply wlth setbacks. Mr. Covlngton seconded Mr. Rlpperdan's motlon. Staff lndlcated that the code requlres that any addltlons may not make eXlstlng sltuatlons worse. Mr. Covlngton felt lt was posslble to elther approve a portlon of the varlance or deny the varlance wlthout preJudlce to allow appllcant to come back and submlt a revlsed appllcatlon. Commlssloners fully dlscussed appllcant's optlons. Appllcant deslred to encroach wlthln the allowable 4! ft. setback requlrement. Mr. Rlpperdan modlfles hlS motlon to deny wlthout preJudlce. AYES: NOES: Covlngton, Jessner, Perrln, Rlpperdan Hunt Motlon Carrled to deny Commlssloner Covlngton requested staff to draft approprlate formula to evaluate the overall aesthetlc locatlon of a structure on a lot, taklng lnto account the sldeyard setback needed for flre code, but permlttlng more flexlblllty In lot coverage to permlt a reasonable mlX of mlnlmum setbacks versus percentages. Commlssloners agreed and Mr. Baucke lndlcated that performance development standards could be researched. . . . M1nutes of May 15, 1985 Meet1ng Page 7 E. PUBLIC HEARING - VARIANCE 6-85 - 1619 SEAL WAY Mr. Baucke presented the staff report Wh1Ch requested the use of tandem park1ng and structural 1ntrus1ons 1nto the requ1red slde yard setbacks. Recommendat1on by staff was for approval of the var1ance request as the use of tandem park1ng was the only way to prov1de the Code requ1red cover1ng park1ng spaces w1thout remov1ng slgn1f1cant port1ons of the eX1st1ng bU1ld1ng. Staff also recommended redes1gn of the deck so as not to 1ntrude upon the slde yard setbacks. Mr. Jessner declared the public hear1ng opened. Mr. B1ll R1dgeway, represent1ng the appl1cant, expressed the challeng1ng nature of des1gn1ng th1S proJect due to the tr1angular shape of the lot. Appl1cant 1S trY1ng to convert a duplex 1nto slngle fam1ly dwell1ng w1th a secured entry. Appl1cant w1shes to cover the park1ng area so as to protect the veh1cles from beach weather. One of the proposed garages would be placed on a port1on of the westerly property llne and would be bU1lt w1th a f1re wall. Mr. R1dgeway 1nd1cated that some landscap1ng would be prov1ded. Mr. R1dgeway also 1nd1cated that hot tub would be screened. Comm1ss1oners fully d1scussed all aspects of th1S proposal. Barbara L1ndbergh, 1617 Seal Way, spoke 1n Oppos1t1on to th1S proJect. She obJected to the 1ntrus1on 1nto the 3 ft. sldeyard setback. It was expla1ned to Ms. L1ndbergh, that the 1ntrus1on would only be on the narrow port1on of the lot. Carter L1nelle, 1614 Ocean Avenue, suggested that appllcant resubm1t a plan that 1S not encroach1ng 1nto the setback next to Ms. L1ndbergh's property. He 1nd1cated that 20 years ago there was a f1re on that property and w1th the var1ance approval, glven the deck and latt1ce work, a f1re would be d1ff1cult to stop. Mr. Llnelle felt that 1f sldeyard setback was adhered to there would be no need for a flrewall. Ms. Melba L1nelle, 1614 Ocean Avenue, obJected on the bas1s of a f1re hazard. She also obJected to the f1re wall as 1t abuts Mrs. L1ndbergh's property. She felt the proJect could be redes1gned so as to make 1t llveable for all. As no others spoke 1n favor nor 1n Oppos1t1on, Mr. Jessner declared the publ1C hear1ng closed. Mr. Baucke requested the add1t1on of a cond1t1on to state" no act1ve use of the property be located on the second level w1th1n the 3 ft. m1n1mum slde yards and such use be phys1cally separated." Comm1ss1oners agreed. Mr. Perr1n moves to approve Resolut1on #1375, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 6-85, A REQUEST TO ALLOW DEVIATIONS FROM THE REQUIRED SIDE YARD SETBACK AND TO PERMIT THE USE OF TANDEM PARKING; Mr. Hunt seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed REPORT FROM SECRETARY Mr. Baucke presented survey accuracy report rece1ved from the C1ty Eng1neer. Mr. Cov1ngton asked that report address other aspects such as tlde flow, earth movement, etc. Report 1nd1cated that for adm1n1strat1ve purposes, d1fferences of a tenth of a foot or less should be d1sregarded as 1ns1gn1f1cant. It was the concensus of the Comm1ss1on that th1S matter be brought back as a Plann1ng Comm1sslon determ1nat1on. . . . Mlnutes of May 15, 1985 Page 8 Resolutlon #1367 Mr. Rlpperdan moved, second by Mr. Covlngton to approve Resolutlon #1367, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 4-85 WITHOUT PREJUDICE A REQUEST TO PERMIT STRUCTURAL ALTERATIONS TO A NONCONFORMING PROPERTY WITHOUT PROVIDING THE REQUIRED SIGNAGE AND LANDSCAPING FOR TINY NAYLOR'S RESTAURANT. Actlon had been taken at the preVlOUS Plannlng Commlsslon meetlng, and thlS resolutlon reflects that actlon. AYES: NOES: Covlngton, Jessner, Perrln, Rlpperdan Hunt Motlon Carrled ADJOURNMENT It was the concensus of the Commlsslon and so ordered by the Chalr to adJourn the regularly scheduled meetlng of the Plannlng Commlsslon at 12:30 a.m. ........... .Rr ~.~vc~ Recordulg Secretary