HomeMy WebLinkAboutPC Res 1323 - 1984-05-16
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RESOLUTION NUMBER 1323
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE APPLICATION 4-84, A REQUEST
TO ALLOW A FRONT PORCH ADDITION TO A LEGAL NON-
CONFORMING PROPERTY WITHOUT PROVIDING THE REQUIRED
PARKING (324 8th STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, an application was duly filed by Matthew M. Mikkelsen,
324 8th Street, Seal Beach, CAt and
WHEREAS. the property is described as, Lot 24 in Block 208
of liSt ant on and Lothian's First Addition to Bay Cities",
as shown on a map recorded in Book 3, Page 29 of
Miscellaneous Maps, Records of Orange County, California;
and
WHEREAS, the proposal is to construct a front porch addition to
a legal non-conforming property without providing the
required parking; and
WHEREAS, that the subject property contains approximately 2,938
square feet and is located on the east side of 8th Street
approximately 300 feet south of the centerline of Pacific
Coast Highway (324 8th Street); and
WHEREAS, that the subject property has approximately 25 feet of
frontage on 8th Street and a depth of 117.50 feet; and
WHEREAS, that the subject property contains two non-conforming
detached units; one unit in the front of the lot and
another unit over a two-car garage off the alley; and
WHEREAS, surrounding land use and loning.are as follows:
North - a conforming single family residence and non-
conforming duplex within the R-3 (High Density
Residential) zone.
East - commercial and office uses in the C-1 (Service
Commercial) zone.
South - conforming single family residences within the
R-3 (High Density Residential) zone.
West - a mixture of non-conforming duplexes and
apartment buildings within the R-3 (High
Density Residential) zone; and
WHEREAS, 8th Street is a local street developed to its ultimate
master planned width of 60 feet; and
WHEREAS, on' September 1, 1982, the Planning Commission adopted
Resolution #1268 approving ZTA 6-82 permitting minor
additions to legal non-conforming buildings by issuance
of a Conditional Use Permit. Specifically stated were
those items which could be authorized by a Conditional
Use Permit; and
WHEREAS, on July 6, 1983 by Resolution #1297, the Planning Commission
adopted ZTA 5-83 which would permit additions to non-conforming
buildings by a conditional Use Permit provided the required
number of parking spaces were provided. From the records, it
shows that no persons spoke for or against the proposed amend-
ment. In addition, there was no discussion of the pros and
cons of the proposed amendment by the Commission or the effective
resultant revocation of the provisions allowing minor additions
to non-conforming buildings such as this application; and
WHEREAS, on August 22, 1983 the City Council, after receiving no
communications on the Text Amendment and without discussion
of its effect on the recently approved non-conforming
provisions, adopted Ordinance No. 1150; and
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RESOLUTION NUMBER 1323
Page 2
WHEREAS, on February 21, 1984 the applicant applied for and received
a building permit for a 78 square foot addition of a new
front "porch" to the existing house from the Building Depart-
ment. The Building Department did not route the application
to the Planning Department for review. The Planning Depart-
ment is organizationally responsible for review of applications
as to the property's conforming/non-conforming status; and
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WHEREAS, on March 2, 1984 the applicant received a foundation inspection
by the Building Department; and
WHEREAS, on March 15, 1984 the Principal Planner noticed that an addition
was being constructed to a non-conforming property and placed
a "Stop Work Notice" on the construction; and
WHEREAS, on March 27, 1984 a Variance Application was made requesting
approval of the partially constructed front "porch" addition
to a legal non-conforming property without providing the
required parking; and
WHEREAS, specifically, the applicant requested construction of a front
"porch" addition described as follows:
Lot Dimension: 25!X117.50'
Lot Size: 2,938 sq. ft.
Proposed Addition Height: 12 ft.
Proposed Addition Wldth: 6 ft.
Proposed Addition Length: 13 ft.
Total Proposed Sq. Ft. Addition 78 sq. ft.
Number of Units: 2 (code 1 unit)
Parking: 2 car garage off alley (code requires 4-car garage); and
WHEREAS, the Planning Commission on May 2, 1984 held a duly noticed
public hearing on Variance 4-84; and
WHEREAS, the Planning Commission makes the following finding regarding
the Variance:
1) That the facts of the application shows that the hardship
in this case was not self imposed.
2) That the applicant justifiably relied and has incurred
significant construction expense in response to a permit
received as a result of an error by the Building Department.
3) That the proposed minor "porch" addition is within the
scope of the Planning Commission Policy Statement "A",
Resolution No. 1268 allowing minor modifications to non-
conforming properties.
4) That not .only is the porch addition minor, but it also
has no impact on the parking requirements for that
particular lot.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approved Vairance 4-84.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 16th day of May, 1984 by the following
vote:
AYES:
NOES:
ABSENT:
Commissioners Covinaton. Goldenberq, Hunt, Jessner, Perrin
Commissioners None
Commissioners None
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