HomeMy WebLinkAboutPC Res 1360 - 1985-02-20
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RESOLUTION 1360
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT 1-85 FOR MAJOR ADDIT-
IONS TO A LEGAL NON-CONFORMING DUPLEX WITH THE REQUIRED
NUMBER OF PARKING SPACES
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY
RESOLVES:
WHEREAS, an application was filed by Mitchell Sheltraw for
Seymore Pizer, 1205, 1205t Seal Way for VARIANCE 2-
85;
WHEREAS, the property 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 subject property is a rectangular parcel of land
containing approximately 2,700 square feet located
80 + east of 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 2.126 + 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, triplexes 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 September 12, 1983, the City Council adopted ZTA
5-83 allowing additions to existing non-conforming
structures when approved by the Planning Commission
through the issuance of a CUP on condition that the
parking requirements are satisfied; and
WHEREAS, on November 7, 1984, the Planning Commission denied
Variance 13-84, an application submitted by Mr. Pizer
to permit major structural additions to a non-conforming
building since the application did not provide the
required on-site parking; and
WHEREAS, on December 19, 1984, the Planning Commission approved
a request by the applicant to have the denial of a
previously submitted variance (Variance 13-84) be
considered "Denial without Prejudice" so that he could
resubmit his proposal and conform with the desires expressed
by the Commission; and
WHEREAS, the applicant specifically requested Conditional Use
Permit 1-85 for the folloWing reasons:
a) CUP 1-85 was requested in order to physically alter
a non-conforming building. The applicant requests
the alterations in order to make the existing duplex
more livable. As specifically required in the Municipal
Code Section 28-804, structural alterations are permissible
with the issuance of a CUP, provided that all the
parking requirements imposed by Section 28-802 are
satisfied.
b) In order to accommodate these parking requirements,
two variances were requested. As the lot width is
not of sufficient length to provide the required 90
degree parking spaces. a tandem arrangement was proposed.
By so doing, the number and type of parking spaces
required by the City would be provided.
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RESOLUTION NUMBER 1360
Page 2
c) In order to physically provide 100% coverage of the
proposed parking, an architectural intrusion.into
the side setback would have to be provided. The architectural
feature would intrude six (6) inches into the required
side setbacks. The applicant, however has asked
for a deviation to allow for less (6 inches) than
the required coverage for the parking spaces provided;
and
WHEREAS, the applicant has complied with all requirements,
as established by ZTA 6-82, pertaining to the number
(4) of required parking spaces; and
WHEREAS, on February 6, 1985, the Planning Commission held
a public hearing on Conditional Use Permit 1-85; and
WHEREAS, the Planning Commission makes the following findings
regarding the CUP:
1. That Section 28-804 of the Municipal Code would be
met with the applicant's proposal to provide the required
four (4) on-site covered parking spaces for the existing
complex.
2. That the proposed additions would comply with the
intent of proposed zoning text amendment (ZTA 2-85)
as recommended to the City Council by the Planning
Commission on December 5, 1984.
3. That the proposed additions would make the units more
livable while not increasing the denisty or intensity
of population.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit 1-85.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 20th
day of February , 1985, by the following vote:
AYES: Commissionrs Hunt. Jessner. Riooerdan
NOES: Commissioners Perrin
ABSENT:
Commissioners Covington
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Chairman