HomeMy WebLinkAboutPC Res 1381 - 1985-06-19
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RESOLUTION NUMBER 1381
A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE 5-85, A REQUEST TO PERMIT A STRUCTURAL
ADDITION TO INTRUDE INTO THE REQUIRED SIDE YARD SETBACK
LOCATED ADJACENT TO THE 6TH STREET STUB (550 OCEAN AVENUE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
an application was duly filed by Zember Construction
Company, Inc. for Ellen Musso (301 Ocean Avenue);
and
the property is located at 550 Ocean Avenue and
contains approximately 8722 sq. ft. and is located
on the southwest corner of Ocean Avenue and 6th
Street (550 Ocean Avenue); and
the property is described as lots 9, 10, 11 and
12, Block 5, Tract 2, Seal Beach Tract, Bay City
in the City of Seal Beach as shown on map recorded
on Book 9 on Page 3, of Miscellaneous Map in the
office of County Recorder of Orange County, California;
and
the subject property has approximately 44.5 linear
feet of frontage on Ocean Avenue; and
the property contains an existing non-conforming
single-family residential home; and
the portion of 6th Street which borders the eastern
side of the property is a closed street (25 feet
in width) .used for pedestrian and emergency vehicle
traffic to and from the beach; and
the proposal is for a Variance to allow a structural
intrusion into the side yard setback located adjacent
to the 6th Street stub (550 Ocean Avenue); and
the Variance does not adversely affect the General
Plan; and
because of special circumstances applicable to
the property, including size, shape, topography,
location or surroundings, the strict application
of this Chapter deprives the property of privilege
inconsistent with other limitations upon other
properties in the same vicinity and zone; and
the granting of such variance does not constitute
a grant of special privilege inconsistent with
other limitations upon other properties in the
same vicinity and zone; and
the unique nature of the 6th Street stub, in that
access is limited to pedestrian and emergency purposes,
is sufficient to permit a Variance of the required
streetside side yard setback; and
on June 19, 1985, the Planning Commission held
a public hearing on Variance 5-85.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
does hereby approve Variance 5-85 subject to the following conditions:
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RESOLUTION #1381
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1. That the garage, accessing the 6th Street stub, as shown
on the proposed plans, be removed.
2. That the patio area at the rear of the building shall remain
open on three sides indefinitely and shall not preclude
access by the City to the sewer easement located at the
middle of the property.
3. That all associated plans and drawings be approved by the
responsible CC&R review committee prior to the encroachment
agreement being filed and prior to the issuance of building
permits.
4. That an encroachment agreement be entered into by the applicant
so as to remove any liability from the City for damage
to structures placed on the easement. Said agreement to
be filed and recorded by the County Recorder prior to the
issuance of building permits.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 19th day
of June ,1985, by the following vote:
AYES:
NOES:
ABSENT:
Commissioners:
Hunt, Jessner. Perrin
Commissioners:
None
Commissioners:
Covington. Ripperdan