Loading...
HomeMy WebLinkAboutPC Res 1437 - 1986-09-17 " . . RESOLUTION NUMBER 1437 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 13-86 AND PLAN REVIEW 18-86, A REQUEST TO REMODEL A NONCONFORMING SINGLE FAMILY RESIDENCE WITHOUT PROVIDING THE REQUIRED SIDE YARD ABUTTING THE PROPOSED FRONT ENTRANCE (411 OCEAN AVENUE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on August 13, 1986 Phil Vi~joen filed an application for Plan Review 18-86 and Variance 13-86 with the Department of Development Services; and WHEREAS, the applicant's request is to permit the remodel of a nonconforming single family residence without providing the full required side yard abutting the proposed front entrance of the dwelling; and WHEREAS, the subject property contains 2,750 square feet and is located 40 feet north of the centerline of Ocean Avenue and 155 feet east of the centerline of the street; and WHEREAS, the subject property has 25 feet of frontage on Ocean Avenue; and WHEREAS, the surrounding land uses and zoning are as follows: North, East and West - A mixture of single family residences and nonconforming multifamily dwellings located in the RHD (High Density Residential)Zone South - Single family homes in the RLD (Low Density Residential) Zone; and WHEREAS, the subject property contains a two-story single family home with a 1,102 square foot footprint, and a detached 380 square foot garage; and WHEREAS, the subject property is nonconforming due to a substandard rear yard setback. The garage is located on the rear property line, adjacent to a 15 foot alley, where a 9 foot rear yard is required; and WHEREAS, the applicant proposes to remodel the interior of the residence and to relocate the front entrance to the side of the building without providing the full 5 foot side yard extending two feet on both sides of the entrance; and WHEREAS, the interior remodel involves the alteration of less than 50% of the existing structure's interior bearing walls, and conforms fully with the zoning ordinance with the exception of the proposed side yard encroachment noted above; and . . e Resolution #1437 Page 2 WHEREAS, Section 28-2308 of the Municipal Code reads as follows: Sec. 28-2308. Side yards abutting front entrances of dwellings. Where dwellings are arranged so that their front entrances abut on a side yard and the required side yard is less than five feet in width, the setback at the main entrance shall be increased to five feet at the main entrance abutting the side yard except where other provisions of this chapter require a side yard setback in excess of five feet. (1) In the case of single-leaf doors and stairways, the five-foot setback shall extend two feet on both sides of the single-leaf door and stairway entrance or landing; and WHEREAS, Section 28-2407 of the Municipal Code reads as follows: Sec. 28-2407. Enlargements or Structural Alterations to Nonconforming Residential Buildings and Uses. Nonconforming residential buildings may be enlarged or structurally altered as provided in this section. A. Permitted Improvements. 2. Minor Structural Alterations, Enlargements or Expansions to nonconforming residential buildings and uses listed as follows may be approved by the Planning Commission pursuant to consent calendar plan review: (g) Interior wall modifications and remodeling which involves removal of or structural alteration to less than fifty percent (50%) of the structure's interior bearing walls. Such interior wall modifications or re~odeling may increase the number of bathrooms provided that the number does not exceed the following bedroom/bathroom per unit ratios: one bedroom/one bath; two bedrooms/two baths; three bedrooms/two baths; and four bedrooms/three baths. The number of bedrooms shall not be increased if the subject property is nonconforming due to density; and WHEREAS, Section 28-2502 of the Municipal Code reads as follows: Sec. 28-2502. Required Showings for Variances. Before any variance be granted it shall be shown that: (1) Such variance shall not adversely affect the general plan; (2) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property or privileges enjoyed by other property in the same vicinity and zone; (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; and " . .. . e Resolution #1437 Page 3 WHEREAS, a duly noticed public hearing was held on Variance 13- 86 and Plan Review 18-86 by the Planning Commission on September 17, 1986; 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. 2. Because of special circumstances applicable to the subject property, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the same vicinity and zone. The size of the subject property, and the manner in which it was improved, impose a hardship upon the applicant which prevents him from satisfying the strict and literal interpretation of the zoning ordinance. To require the full five foot setback two feet to either side of the proposed entrance, rather than the existing three foot side yard, would necessitate the relocation of interior bearing walls, which is contrary to the intent of Section 28-2407 (A) (2) (g) of the Municipal Code, "Minor Structural Alterations, Enlargements or Expansions". Therefore, granting the variance requested will have an overall beneficial impact. 3. The granting of such variance shall not constitute a grant of special privilege. The applicant has complied with the guidelines of the Municipal Code in part, and will be required to satisfy conditions to conform with the full intent of the Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance 13-86 and Plan Review 18-86 subject to the following conditions: 1. The fence dividing the subject property from the adjacent property to the west shall be removed between the front property line and the point 25 feet to the rear of the front property line. 2. The walkway leading from the street to the main entrance shall be paved in a decorative pattern. 3. Storage shall be prohibited in the side yard. 4. Prior to building permit issuance, ~he applicant shall record on the property to become part of the title, a covenant to prohibit the construction of any fence or wall on the subject property on the western property line from the southwest corner north twenty-five feet. The City shall approve the covenant prior to recordation and the covenant shall state that the covenant cannot be removed without City approval. t' ,. .. . . Resolution 111437 Page 4 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of September, 1986 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners ~