HomeMy WebLinkAboutPC Res 1441 - 1986-10-15
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RESOLUTION NUMBER 1441
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING VARIANCE 14-86
AND PLAN REVIEW 22-86. A REQUEST TO PERMIT A GARAGE
ADDITION TO A NONCONFORMING BUILDING AND TO PERMIT
THE REQUESTED GARAGE ADDITION TO INTRUDE UPON THE
REQUIRED SIDE YARD SETBACK.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS. on September 10. 1986 Dan Sullivan filed an application
for Plan Review 22-86 and Variance 14-86 with the
Department of Development Services; and
WHEREAS. the subject property contains approximately 5,825
square feet and is located approximately 95 feet east
of the centerline of Dolphin Avenue (1510 Marine
Avenue); and
WHEREAS, the subject property has approximately 50 feet of
frontage on Marine Avenue; and
WHEREAS, the subject property contains an existing two-story
apartment building (1 units) which is nonconforming due
to parking, density and setbacks; and
WHEREAS,
the surrounding land uses and zoning
residential uses located in the
Residential) zone; and
are a mixture of
RHD (High Density
WHEREAS. on September 10. 1986 applications were formally
submitted to the Department of Development Services for
Plan Review 22-86 and Variance 14-86; and
WHEREAS, the applicant requests Plan Review 22-86 and Variance
14-86 to allow the construction of 1 covered parking
spaces on a property that is nonconforming due to
density, and to permit those spaces to encroach into
the required side yard. Five of the proposed spaces
would be within a garage, and two within a carport in a
tandem arrangement; and
WHEREAS, on 3une 19. 1985, the Planning Commission adopted
Resolutions 1383 and 1384 approving Conditional Use
Permit 12-85 and Variance 8-85, a request by Dan
Sullivan to permit a garage addition to legal
nonconforming property without the required parking,
and to permit the garage addition to encroach within
the required side yard setback. The particular parking
arrangement approved by the Commission was designed by
staff to maximize the covered parking available on the
site; and
WHEREAS. pursuant to Section 28-2801 of the Municipal Code.
Conditional Use Permit 12-85 and Variance 8-85 expired
on 3une 19. 1986, causing the applicant to resubmit
these requests. The plans accompanying the current
application reflect staff's earlier modifications; and
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Resolution #1441
Page 2
WHEREAS, during the period between June 19, 1985 and June 19,
1986, the City Council adopted Zone Text Amendment 2-84
deleting Section 28-804 of the Municipal Code, upon
which the applicant's initial request was based, and
amending the zoning ordinance to establish specific
review procedures for structural alterations to
nonconforming residential uses. As a result, the
present request must be reconsidered under the
authority of the new regulations enacted by ZTA 2-84,
which call for a plan review and variance as opposed to
a conditional use permit and variance; and
WHEREAS, Section 28-804 of the Municipal Code has been
superceded by Section 28-2407, which allows specified
structural alterations to nonconforming properties
without bringing the nonconforming aspects of the site
up to current zoning standards; and
WHEREAS, this code amendment relieves the applicant of the
obligation to maximize the number of covered parking
spaces on site; and
WHEREAS, due to density considerations, staff proposes that the
two tandem spaces covered with a carport be striped and
left as open spaces instead; and
WHEREAS, a duly noticed public hearing was held on October 15,
1986; and
WHEREAS, the Planning Commission makes the following findings:
1) Variance 14-86 will not adversely affect the General
Plan. The proposed garage structure will not alter the
residential character of the neighborhood.
2) Because of special circumstances applicable to the
property, the strict application of the zoning
ordinance deprives such property of privileges enjoyed
by other property in the same vicinity and zone. The
irregular shape of the subject site would, without the
requested variance deprive the owner of the right of
other property owners to construct garage additions on
non-conforming properties.
3) Variance 14-86 shall not constitute a grant of special
privilege inconsistent with other limitations upon
other properties in the same vicinity and zone. The
unique shape of the property, and the manner in which
it is presently developed, indicates that the proposed
design is the best approach to providing on-site
covered parking, and does not constitute a grant of
special privilege.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance 14-86 and Plan Review 22-86 subject to
the following conditions:
1 .
The proposed garage addition shall be
compliance with the Uniform BUilding Code.
in full
2. Two uncovered, striped parking spaces in tandem with
the two northernmost garage stalls, shall replace the
carport previously recommended by staff.
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Resolution #1441
Page 3
3. The landscaped strip adjacent to the driveway shall be
reduced to the satisfaction of the Director of
Development Services in order to provide unobstructed
access to the garage and parking spaces.
4. Protective posts or other devices approved by the
Director of Development Services shall be installed
between the building and the parking spaces to prevent
damage to the structure.
5. The side of the garage facing the alley shall be posted
for no parking.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 15th day of
October, 1986 by the following vote:
ABSENT: Commissioners ~o.nR
ABSTAIN: Commissioners n~
Ciialrm:~ion
~t~-C~iSSion