HomeMy WebLinkAboutPC Res 1414 - 1986-04-02
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RESOLUTION NUMBER 1414
A RESOLUTION OF THE CITY OF SEAL BEACH
PLANNING COMMISSION APPROVING VARIANCE
3-86, A REQUEST TO ALLOW THE ADDITION
AND ENLARGEMENT TO AN EXISTING BUILDING
TO INTRUDE INTO THE REQUIRED SIDEYARD
SETBACK LOCATED ADJACENT TO THE 4TH
STREET STUB (350 OCEAN).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS: an application was duly filed by James R. Watson on
January 29, 1986; and
WHEREAS: the property is located at 350 Ocean Avenue and
contains approximately 7,840 sq.ft. and is located on
the northwest corner of Ocean Avenue and 4th Street;
and
WHEREAS: the property is described as Parcel 1 and Parcel 2 as
follows:
Parcell: Lots 10 and 11 in Block 03 of Tract No.2, in
the City of Seal Beach, County of Orange, State of
California, as per map recorded in Book 9, Page 3,
Miscellaneous Maps, in the Office of the County
Recorder of said County.
Excepting therefrom the westerly 2-1/2 feet thereof.
Parcel 2: That portion of the alley in said Block 03,
in the City of Seal Beach, County of Orange, State of
California, lying between said Lots 10 and 11, as
described in Parcell, as vacated May 16, 1916, by
resolution of the Board of Trustees of the City of Seal
Beach, Ordinance No. 17.
WHEREAS: the subject property has approximately 40 linear feet
of frontage on Ocean Avenue; and
WHEREAS: the portion of 4th 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
WHEREAS: the subject property contains an existing non-
conforming single-family residential home; and
WHEREAS: the existing building is non-conforming due to
inadequate side and rear yard setbacks and due to the
substandard size and location of the required garage;
and
WHEREAS: the structure currently exists along the property line
on both the eastern and western sides of the property;
and
WHEREAS: the garage currently accesses the 4th Street stub which
is chained and subsequently closed to public vehicular
use; and
WHEREAS: the rear balcony area has been enclosed and establishes
a living area upon a City Easement without City
approval of encroachment onto a City Easement. This
structure prohibits City access to sewer lines located
at the rear of the building; and
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WHEREAS: The proposed bedroom addition would be located
approximately 3.5 feet from the easterly property line
(6 foot setback is required); and
WHEREAS: on April 2, 1986, the Planning Commission held a public
hearing on Variance 3-86; and
WHEREAS: the Planning Commission makes the following finding
regarding Variance 3-86:
1. The variance will not adversely affect the General
Plan which designates the subject property for low
density residential use as the variance simply will
permit minor modifications to an existing single-family
residential structure.
2. Because of special circumstances applicable to the
property, including size, location, and surroundings,
the strict application of this chapter deprives such
property of privileges enjoyed by other property in the
same vicinity and zone. The proposed variance will
permit an encroachment into the required sideyard
abutting 4th Street. The portion of 4th Street
abutting the subject property is closed to regular
vehicular traffic. Hence the more stringent sideyard
setback requirements for properties abutting a street
are unnecessary in this case and create a special
hardship to the property owner. The proposed
improvements will comply with the sideyard setback
requirements for properties not abutting a street. Due
to the special circumstances related to the portion of
4th Street abutting the subject property, the latter
setback requirements provide a more appropriate
standard in this case.
3. The granting of such variance shall not constitute
a grant of special privilege inconsistent with other
limitations upon other properties in the same vicinity
and zone. The variance involves only a minor
modification to the existing residential structure.
Further, the special circumstances related to 4th
Street, as described in Finding No. 2 above, make the
subject property unlike other properties in the same
vicinity and zone whose sideyards abut a street open to
regular vehicular traffic. The improvements that will
be permitted by the proposed variance will enhance the
existing residential structure and will not adversely
affect the surrounding properties.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission does
hereby approve Variance 3-86 with the following conditions:
1. That the approval
into effect until such
establishes a policy or
abandonment of City stub
of Variance 3-86
time that the
takes specific
streets.
not be placed
City Council
action on the
2. 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.
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 the the
issuance of building permits.
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PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 2nd
day of Aoril , 1986, by the following vote:
AYES:
Commissioners: Cov; ngton r Hunt r .J pc:; c:;npr r Pprri n
NOES:
Commissioners: Nnnp
ABSENT:
Commissioners: Rippprdan
Se