HomeMy WebLinkAboutPC Res 1344 - 1984-11-07
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RESOLUTION 1344
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
DENYING VARIANCE APPLICATION 13-84, A REQUEST FOR
MAJOR ADDITIONS TO A LEGAL NONCONFORMING DUPLEX
WITHOUT PROVIDING THE REQUIRED PARKING (1205, 1205t
SEAL WAY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS: an application was duly field by Mitchel Sheltraw,
Architect for Seymore Pizer, 1205, 1205t Seal Way,
Seal Beach, California 90740; and
WHEREAS: the subject lot is described by the Recorder of
the County of Orange as Lot 16, Block F of Tract
1009 as per maps recorded in Book 33, Page 16; and
WHEREAS, the property is described as a rectangular parcel
of land containing approximately 2700 square feet
located 80z east off the centerline of Twelfth
Street 1205, 1205t Seal Way); and
WHEREAS: the subject property has approximately 30 feet of
frontage on Seal Way and a depth of 90 feet; and
WHEREAS: the property contains a 2126z square foot legal
nonconforming duplex and a 400 square foot detached
two-car garage; and
WHEREAS: the surrounding land use and zoning are as follows:
North, east, west - a mixture of single family
residences, legal nonconforming fourplexes, tri-
plexes and duplexes located in the R-3 (High
Density Residential) zone.
South - the Seal Way boardwalk, beach and Pacific
Ocean in the PLU (Public Land Use) zone; and
WHEREAS: on October 11, 1982, the City Council thru Resolution
No. 1129 adopted Zoning Text Amendment ZTA-6-82
which allowed structural alterations such as porches,
balconies, bathrooms, small storage rooms, minor
enlargement of existing rooms or other similar
additions with Planning Commission approval through
the issuance of a conditional use permit; and
WHEREAS: on September 12, 1983, the City Council again amended
the nonconforming provisions of the Municipal Code
thru the adoption of Resolution No. 1150; Zoning Text
Amendment ZTA-5-83. The amendment which is presently
on the books as Section 28-804 of the Municipal Code.
WHEREAS: on October 10, 1984, the applicant presented the planning
staff with plans and an application for variance for the
proposed structural improvements; and
WHEREAS: the applicant specifically requested Variance 13-84 for
the following purposes:
First Floor - structural modifications to provide for
a bath, addition of a 144 square foot
bedroom, 19 sq. ft. walk-in closet
addition and a 193 sq. ft. covered
patio addition.
Second Floor- structural modifications to provide for
a larger bath, 44 sq. ft. living room
addition, 177 sq. ft. bedroom addition
and a 150 sq. ft. covered balcony addition;
and
WHEREAS: on October 23, 1984, the Planning Department received a
letter from Cecilia E. Maurice (1213 and 1213t Seal Way)
requesting denial of Variance 13-84 due to lack of park-
ing in the area; and
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RESOLUTION 1344
Page 2
WHEREAS: the applicant requested to be permitted structural
improvements without providing the minimum number
(4) of required parking spaces; and
WHEREAS: on November 7, 1984, the Planning Commission held a
public hearing on Variance 13-84; and
WHEREAS: the Planning Commission makes the following findiDgs
regarding the variance:
1. The proposal violates the intent of Section 28-
804 and 28-2407 of the Municipal Code.
2. That no special circumstances are applicable
to the property that deprives such property of
the privileges enjoyed by other property in the
same vicinity and zone.
3. That the neighborhood presently has a significant
parking problem.
4. That granting of this variance would constitute
a grant of special privilege inconsistent with
other limitations upon other properties in the
same vicinity and zone.
5. That legal grounds for approval of a variance
under Section 65906 of the California Government
Code do not exist for this application.
6. That several building improvements have been
previously performed without the issuance of the
proper building permits.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby deny Variance 13-84.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 7th day of
November, 1984 by the following vote:
AYES:
NOES:
ABSENT:
Commissioners Covington, Jessner, Hunt, Perrin
Commissioners None
Commissioners None