HomeMy WebLinkAboutPC Res 1416 - 1986-09-03
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RESOLUTION NUMBER 1416
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH DENYING CONDITIONAL
USE PERMIT 19-85, A REQUEST TO CONVERT A
LEGAL NONCONFORMING TWO-STORY DUPLEX INTO
TWO CONDOMINIUM UNITS, WITHOUT PREJUDICE
(210 8th Street)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, an application was duly filed by Wesley and Mercedes
Cleary, 210 8th Street, #A, Seal Beach, California for
Conditional Use Permit 19-85; and
WHEREAS, the subject property is described as portions of lots 8
and 10, Block 108, of the Bay City Tract as shown on a
map recorded in Book 3, Page 19 of Miscellaneous Maps,
records of Orange County, California; and
WHEREAS, the subject property contains approximately 2938 square
feet and is located 130 feet northeast of the
Centerline of Central Avenue in the RHD Zone (High
Density Residential; and
WHEREAS,
the subject property
non-conforming duplex
1918; and
contains an existing two-story
which was legally constructed in
WHEREAS, the surrounding land uses and zoning are as follows:
North, South and West - a mixture of single family and
multi-family residences in the RHD (High Density
Residential) Zone.
East - Commercial uses located in the C-1 (Service
Commercial ) Zone; and
WHEREAS, the applicants are specifically requesting to convert
the existing duplex into a two-unit condominium; and
WHEREAS, the characteristics of the subject property are as
follows:
Lot Dimensions:
251 x 111.5' (Irregularly
Shaped)
2938 square feet
2 stories
2
1st Unit-3 bedroom, 2 bath
2nd Unit-2 bedroom, 2 bath
*Lot Size:
Height:
*Number of units:
Types of units:
*Parking:
Front Setback:
Side Setback (North)
*Side Setback (South)
Rear Setback:
4 tandem spaces
21.1 feet
3 feet
o feet
9 feet
*Presently nonconforming
; and
WHEREAS, approval of CUP 19-85 and the associated Tentative
Parcel Map would institutionalize the nonconformities
existing on the site; and
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Resolution #1416
Page 2
WHEREAS, the Planning Commission has permitted the conversion of
nonconforming properties to condominiums in the past,
provided that setbacks, height and the number of
parking spaces fulfilled the requirements of the zoning
ordinance; and
WHEREAS, the zero side yard setback on the north property line
of the subject site is a substantial nonconformance
which results in violations of the Uniform Building
Code and Fire Code; and
WHEREAS, this zero side yard setback is the result of an
erroneous lot line adjustment granted by the county in
response to a request for a landscape easement; and
WHEREAS, a duly noticed public hearing was held on April 9,
1986; and
WHEREAS, the Planning Commission makes the following findings
regarding the Conditional Use Permit:
1) Approval of such a substantially nonconforming
property would set an unwelcome precedent.
2) Alternatives are available to the property owners
to correct the zero side yard setback such as a
readjustment of the lot line or the establishment
of an easement.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does
hereby deny CUP 19-85 without prejudice:
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach, at a meeting thereof held on the 3rd
of Sep-tember , 1986, by the following vote;
AYES:
Commissioners Jessner. Covington,--S.u.g,g.s
NOES:
Commissioners None
ABSTAIN:
Commissioners Sharp-
ABSENT:
Commissioners Perrin
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Chairman of th
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Secretary to the lann ng ommission