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HomeMy WebLinkAboutPC Res 1421 - 1986-05-07 r , . 1 .. .. . RESOLUTION NUMBER 1421 A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 11-86, VARIANCE 6-86, A REQUEST TO PERMIT MAJOR STRUCTURAL ALTERNATIONS AND ENLARGEMENTS TO A NON-CONFORMING FOUR- PLEX PROPERTY WITHOUT PROVIDING THE REQUIRED INTERIOR SIDE. STREETS IDE AND REAR SETBACKS. (148 7TH STREET) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS. on April 6. 1986 an application for Conditional Use Permit 11-86, a request to allow major structural alternations and enlargements to a non-conforming four- plex property was submitted to the Department of Development Services; and WHEREAS, this property is described as lots 46 and 48, block 7 of the Bay City, City of Seal Beach. as per map recorded in Book 3. page 19 of miscellaneous maps in the office of the County Recorder of said County: and WHEREAS, on April 6, 1986 request for less than the required setbacks: and an application for Variance 6-86. a than the required parking, and less interior side, street side and rear 2rd floor: 2, 1986 the Planning Commission approved 3-85 a request for the following: Remove numerous interior walls Remove 167 sq.ft. of existing living area. Add 40.5 sq.ft. of living area. Construct numerous new interior walls. Add a new two-car carport with access to Central Avenue (Existing curb cut). Add a second floor containing 689 sq.ft. of living area (kitchen, dining room, family room and half bath) and 373 sq. ft. open deck; WHEREAS, on January Plan Review 1st floor: WHEREAS, the application for Plan Review 3-85 noted that 50% of the exterior bearing walls (88.5 linear feet) were to remain in place; and WHEREAS. on March 20, 1986, bui lding Zember Construction for the within Plan Review 3-85: and permits were issued to improvements contained WHEREAS. between March 20. 1986 and March 31, 1986 the complete building had ben removed due to substandard framing and termites infestion; and WHEREAS. specifically, the applicant proposed the reconstruction of a single-unit building located on the front portion of the property within the same footprint. without bringing the property into conformance with the Municipal Code as required by section 28-2407 A.3.: and WHEREAS, on April 23. 1986 the Planning Commission held a public hearing on Conditional Use Permit 11-86 and Variance 6- 86: and ~ WHEREAS. . . the Planning Commission makes the following findings: 1. The proposed variance will not adversely affect the General Plan as the existing residential use and density on the subject property will not be changed by the proposed variance. 2. Because of special circumstances applicable to the subject property. including its size. shape and physical condition, and the manner in which it is improved. the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the same vicinity and zone. Further. the strict and literal interpretation and enforcement of the zoning ordinance would create practical difficulties. unnecessary hardships. and results inconsistent with the purposes of the zoning ordinance. Section 28-2407 (A) (2) of the Seal Beach Municipal Code permits minor structural alterations and enlargements of existing nonconforming residential buildings provided that all feasible parking is provided considering the physical constraints of the property as improved. The subject property was improved with four residential units and was considered nonconforming due to excess density and inadequate setbacks and parking. On January 2. 1986. the Planning Commission approved Plan Review No. 3-85 which permitted the minor alteration and expansion of the single dwelling unit located on the front of the subject property. As approved. the applicant was required to provide only four covered parking spaces on the site due to the physical infeasibility of providing eight covered spaces as required by the zoning ordinance. On March 20. 1986. building permits were issued for the proposed improvements and subsequently the reconstruction of the front unit commenced. When such construction commenced. it was discovered that the subject unit was termite infested and the existing bearing walls which were to remain under Plan Review No. 3-85 contained substandard framing. Due to such conditions. which were not known by the property owner or the Planning Commission at the time Plan Review No. 3-85 was approved. the walls that were required to remain. had to be removed for safety reasons. The removal of such walls resulted in the proposed improvement of the subject dwelling unit becoming a major alteration and expansion as defined by Section 28-2407(A) (3) of the Seal Beach Municipal Code which requires conformance to all setback requirements and the parking standards of eight covered spaces on the subject property. The property owner is proposing to reconstruct the subject dwelling unit in essentially the same manner as approved by Plan Review No. 3-85 with the provision of seven parking spaces, four of which will be covered. The footprint of the front unit would be identical to the footprint of the building approved by Plan Review No. 3-85. The only deviation from Plan Review No. 3-85 would be the replacement of 88.5 linear feet of additional exterior wall. The setback nonconformity relates only to the rear building which will not be altered in any manner by the proposed improvement of the subject property. Such setback nonconformity cannot be remedied without removing a portion of the existing building which is not practicable. With regards to parking. eight covered spaces can be provided on the subject property only by emoving either an existing rental unit or the stairway and balcony which provides access to the two second floor dwelling units within the rear building. The applicant will provide seven off-street parking spaces ~ . .' .. . . if the variance is granted which will increase the existing parking on the subject property. Therefore, requiring the applicant to comply with the existing parking requirements of the zoning ordinance will result in unnecessary hardship to the applicant. The purpose of Section 28-2407 of the Seal Beach Municipal Code is to permit the upgrading of nonconforming residential buildings. The intent of the minor modification provisions of the Code will be promoted by granting the proposed variance as the front unit will when completed be identical to the building approved by Plan Review 3-85 (with the exception of the new replacement walls) and its reconstruction will enhance the appearnace of the subject property. Therefore, granting the requested variance will permit the improvement of the subject property in a manner that will have a beneficial, rather than adverse impact on the surrounding area. 3. The granting of the proposed variance will not constitute a grant of special privilege inconsistent with other limitations upon the other properties in the same vicinity and zone. Other properties in the same vicinity and zone are permitted to make minor modifications to their properties without complying with existing parking or setback requirements. The applicant's proposed improvement no longer qualifies as a minor modification solely due to the unforeseen circumstances of the extensive termite damage to the subject building and its sub-standard condition. Granting the requested variance simply will allow the applicant to upgrade this property in the same manner as other properties in the same vicinity and zone. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit 11-86 and Variance 6-86 subject to the following condition: 1. That amended building permits and permit fees for the additional work now proposed be applied for and obtained prior to construction. PASSED. APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the I1h day of M~~, 1986 by the following vote: AYES: Commissioners_~~~i~~n~_~1~_J~~~n~~EgLd~~_~iP~~~dan NOES: Commissioners__~n~______________________________ ABSENT: Commissioners_~~ng______________________________ Commission