HomeMy WebLinkAboutPC Res 1318 - 1984-10-03
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RESOLUTION NUMBER 1318
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE APPLICATION 3-84 A REQUEST FOR
USE OF TANDEM PARKING IN CONJUNCTION WITH A MAJOR
ADDITION TO TWO LEGAL NONCONFORMING DUPLEXES (1105
& 1107 SEAL WAY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, an application was duly filed by John and Mary Louise
Szcerban, 1107 Seal Way, Seal Beach, CA 90740; and
WHEREAS, the property is described as, Parcel 15 & 16 of
Tract No.2, a subdivision of a portion of Block F
shown on a map recorded in Book 3, Page 16, filed
in the office of the recorder, Orange County,
California; and
WHEREAS, the proposal is for use of tandem parking in conjunction
with major additions to two nonconforming duplexes; and
WHEREAS, the subject property contains 5,400 square feet and is
located 110f feet south of the centerline of 12th Street
(1105, 1105A and 1107, 1107 A Seal Way); and
WHEREAS, the subject property has approximately 60 feet of
frontage on Seal Way; and a depth of 90 feet; and
WHEREAS, the property contains two 2,158 square feet legal non-
conforming duplexes and two 420 square foot detached
two-car garages. The duplexes are physcially connected
by a second story enclosed deck and balcony.
WHEREAS, the surrounding land use and zoning are as follows:
North, east and south--a mixture of single-family
residences, legal nonconforming fourplexes, triplexes,
and duplexes. West--the Seal Way boardwalk, beach and
Pacific Ocean; and
WHEREAS, on March 2, 1983, the Planning Commission heard a
Conditional Use Permit (CUP 6-83) request by the
applicant to add 25% to a legal nonconforming duplex
at 1107 Seal Way. The Commission discussed its policy
regarding additions to nonconforming buildings and it
was felt that it was to upgrade lifestyle but not to
increase building or population density; and
WHEREAS, the Commission unanimously moved that CUP Application
6-83 was beyond the scope of its present policy statement
and that this matter should come back to the Commission
under a variance procedure at no additional cost to the
applicant; and
WHEREAS, on July 6, 1983, after the public hearing the Planning
Commission recommended (Resolution #1297) an amendment
to permit additions to nonconforming buildings by
Conditional Use Permit provided the required number and
type of parking spaces are provided on the site within
the required setbacks; and
WHEREAS, on July 25, 1983, the City Council held a public hearing
on Ordinance 1150 amending Chapter 28, Article VII and
Article VIII of the Municipal Code relating to non-
conforming buildings in the R-2 and R-3 zones; and
WHEREAS, on September 12, 1983, after public hearings the City
Council adopted Ordinance 1150; and
WHEREAS, adopted Ordinance 1150 R-3 provisions specifically reads:
"Section 28-804, Nonconforming Buildings. Any additions
to existing residential structures, rendered legal non-
conforming by this Code, may be approved by the Planning
Commission with the issuance of a conditional use permit,
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RESOLUTION NUMBER 1318
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provided that all the parking requirements imposed by
Section 28-802 of this Article are satisfied. For the
purposes of this section, the term "additions" shall
include all attached, semi-attached, or detached
structures o~ improvements; and
WHEREAS, on February 15, 1984, John and Mary Louise Szcerban
applied to the City of Seal Beach for a variance to
construct an addition to a legal nonconforming duplex
without providing the required number and type of
parking spaces; and
WHEREAS, on March 21, 1984, the Planning Commission held a public
hearing on Variance 3-84. After some discussion the
Commissioners and staff and the applicant determined
that if they do work on the request a little further
and with improvements to the plans, a request more in
line with City policy could be reached. The Commission
then moved to deny the application without prejudice; and
WHEREAS, on May 16, 1984, the Planning Commission held a public
hearing on resubmitted Variance 3-84. At that time the
applicant's representative asked for a continuance so
modifications to the plan could be considered; and
WHEREAS, on August 15, 1984, the Planning Commission held a public
hearing on resubmitted Variance 3-84. At that time the
applicant's representative asked for a continuance so to
make the modifications as recommended in the staff report
on Variance 3-84 dated August 10, 1984. The Commission
then moved to continue consideration until the September
5th regular meeting; and
WHEREAS, on September 5th the Planning Commission moved to continue
the public hearing on Variance 3-84 until September 19th
upon the request of the staff due to the fact the newly
revised plans were not provided until the Commission's
agenda packets had been distributed; and
WHEREAS, on September 19, 1984, the Planning Commission held a
public hearing on Variance 3-84 and it was determined and
so ordered by the Chairman, that the applicant return at
the regular meeting of October 3, 1984 with revised plans
showing a garage with no variance requests except for the
use of tandem parking (one set of plans showing removal of
exterior stairs and one including stairway); and
WHEREAS, on October 3, 1984, the Planning Commission held a public
hearing on Variance 3-84; and
WHEREAS, specifically the applicant requested approval of the following:
An eight-car garage, 54 feet wide with four standard spaces
in the middle bounded on each side by two standard spaces in
tandem. The proposed garage is setback the code required
9 feet.
Above the garage is proposed to be a second story major
addition to each duplex which contains a family room (440
sq. ft.); wet bar (14 sq. ft.); bathroom (83 sq. ft.); washer/
dryer area (20 sq. ft.) and a second story roof deck (450 sq.
ft.) accessed by an interior stairs. The second story to be
accessed by an exterior stair located adjacent to 1105 Seal Way,
within the courtyard area between the two duplexes.
WHEREAS, the Planning Commission makes the following findings regarding
the variance:
1. The property is required to provide eight covered parking
spaces by the Municipal Code.
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RESOLUTION NUMBER 1318
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2. The property is of such width that this tandem parking
variance is requested to provide the required parking.
3. Hardship due to lot width which was not self imposed
by the applicant has been demonstrated which deprives
the property of privileges enjoyed by other property
in the same vicinity and zone.
4. The variance will not adversely affect the General Plan.
5. The granting of such variance will not constitute a
grant of special privilege inconsistent with other
limitations upon other properties in the same vicinity
and zone.
6. That the neighborhood presently has a significant parking
problem.
7. That legal grounds for approval of a variance under
Section 69506 of the California Government Code do exist
for this application.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby
approve Variance 3-84 subject to the following conditions:
1. That the exterior stairs to the second floor be deleted.
2. That building plans when submitted for "City Approved in
Concept" for Coastal Commission approval, be modified to
show a 20' interior length dimension for the standard
garage spaces.
3. That a deed restriction be placed on the titles of the
two properties which state that these two duplex properties
are developed as a unit and shall not be transferred,
assigned or conveyance made in any separate manner. Such
language to be approved by the City Attorney.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 3rd day of October
, 1984 by the folloWing vote:
AYES: Commissioners
Covington. Goldenberg. Hunt. Jessner, Perrin
NOES: Commissioners
None
ABSENT: Commissioners
None