HomeMy WebLinkAboutPC Res 1345 - 1984-11-07
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RESOLUTION NUMBER 1345
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE APPLICATION 12-84, A REQUEST TO
ALLOW STRUCTURAL ALTERATIONS TO A LEGAL NONCONFORM-
ING BUILDING (222 MAIN STREET) ..
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS: the application was duly filed by Howard Brief,
222 Main Street, Seal Beach, California 90740; and
WHEREAS: the property is described as Lot 22, Block 109, of
the Bay City Tract, as per map recorded in Book 3,
Page 19 of Miscellaneous Maps of the Orange County
Recorder; and
WHEREAS: the subject property contains one (1) rectangular
parcel of land containing a total of approximately
2900 sq. ft. southwest of the centerline of Electric
Avenue (222 Main Street); and
WHEREAS: the subject property has a frontage of approximately
25 feet on Main Street and a depth of 117.5 feet; and
WHEREAS: the subject property contains a two-story mixed use
structure with an office use (Law office) situated
within the first floor and a single family residence
situated within the second floor; and
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WHEREAS: there is currently no provisions for an enclosed or
covered garage or carport; and
WHEREAS: the surrounding land use and zoning are as follows:
North, West & South - one and two-story business
and office buildings located in the C-l (Service
Commercial) zone.
East - two-story, 7-plex nonconforming dwelling
located in the R-3 (High Density Residential) zone; and
WHEREAS: on October 11, 1982, the City Council through 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 through
the adoption of Resolution No. 1150; Zoning Text Amendment
ZTA-5-83. This amendment which is presently on the books
states that additions to existing residential structures
rendered legal nonconforming could be approved by the
Planning Commission through the issuance of a Conditional
Use Permit, provided that all parking requirements imposed
bySecti-on-28':'1304.of the City code are satisfied; and
WHEREAS: that, without consideration or comment or intent, the
provisions for minorimpro~ements adopted in 1982 were removed
from the code. Thereby requiring a variance for any
structural modification or addition no matter how small; and
WHEREAS: on October 10, 1984, the applicant presented Planning Staff
with plans and Variance application for the proposed
structural improvements; and
WHEREAS: the applicant specifically requests that the unit in question
be expanded to provide the following:
South Ground Floor - a minor garage addition of 55.02 sq. ft.
to be constructed adjacent to an existing laundry room.
Removal of the wall separating the two would allow parking
access for one vehicle. Proposed garage expansion meets
Municipal Code requirements for minimum dimensions per
parking space (9 ft. by 20 ft.).
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RESOLUTION NUMBER 1345
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South Second Floor - redesign of interior walls to provide
two bedrooms and amenities. Addition of a second floor
deck (175 sq. ft.), which would be accessible from the
interior bedrooms, would not increase current livable
space.
North, East and West - these sections of the residence
would not be affected; and
WHEREAS: on October 17, 1984, Planning Commission held a study
session on a proposed code amendment on additions and
modifications to legal nonconforming buildings providing
for additions and structural modifications to nonconform-
ing structures on a case-by-case basis through the CUP
process; and
WHEREAS: the applicant requests minor improvements be permitted to
the existing nonconforming structure; and
WHEREAS: on November 7, 1984, the Planning Commission held a public
hearing on Variance 12-84; and
WHEREAS: the Planning Commission makes the following findings
regarding the variance:
1. That no additional livable space is being added
to the existing nonconforming structure.
2. That at least one of the two required covered
parking spaces would be provided where there is
currently none existing.
3. That the additions are appropriate for the
character and integrity of the neighborhood.
4. That the additions are appropriate for the archi-
tectural style of the building.
5. That the proposed minor additions are within the
scope of Planning Commission Policy Statement "A",
Resolution No. 1268 allowing minor modifications to
nonconforming properties, and in addition, is in
conformance with new code provisions proposed and
discussed by the Commission on October 17, 1984.
6. The proposed additions do not affect the General Plan.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the. City
of Seal Beach does hereby approve Variance 12-84 (222 Main Street) with
the following conditions:
1. That a new concrete apron be constructed at the rear
property line in order to effect safe and proper access
to the property and to conform with the Uniform Building
Code.
2. That all fences and/or obstructions, currently existing
within the 9-foot setback area of the property, be
removed and that all areas of said setback be uniformly
covered in concrete.
3. That remaining planting areas, at the rear of the
property, be properly landscaped as approved by City
staff.
4. That all construction be in conformance with the plans
submitted.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Sea 1 Beac hat a meet i ng there of he 1 d on the 7th day of
November, 1984, by the following votes:
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RESOLUTION NUMBER 1345
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AYES:
NOES:
ABSENT:
Commissioners Covington, Jessner, Hunt, Perrin
Commissioners None
Commissioners None
Commission