HomeMy WebLinkAboutPC Res 1443 - 1986-11-19
-~,
.
.
RESOLUTION NUMBER 1443
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING VARIANCE 15-86, A
REQUEST TO PERMIT A ROOM ADDITION THAT EXCEEDS THE
MAXIMUM LOT COVERAGE, AND TO PERMIT A BAY WINDOW
THAT ENCROACHES WITHIN THE REQUIRED FRONT YARD
SETBACK (405 OPAL COVE WAY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on September 10, 1986, Yates and Associates submitted
an application for Variance 15-86 to the Department of
Development Services; and
WHEREAS, the applicant is requesting Variance 15-86 to. legalize
the construction of a one story, 432 square foot room
addition which exceeds the maximum lot coverage by
three percent, and to legalize a bay window addition
that encroaches six inches within the required front
yard setback; and
WHEREAS, the subject property contains 5100 square feet and is
located 83 feet north of the centerline of Crystal Cove
Way (405 Opal Cove Way); and
WHEREAS, the subject property has approximately 51 linear feet
of frontage on Opal Cove Way; and
WHEREAS, the surrounding land uses and zoning are as following:
North, East, West - Single family residences in the RLD
(Low Density Residential) Zone, and commercial uses in
the C-2 (General Commercial Zone; and
WHEREAS, the subject property is developed with a two-story
single family residence covering 2028 square feet, or
39.8 percent of the lot; and
WHEREAS,
on August 20, 1986 staff
halt the construction of
window in question which
proper permits; and
issued a stop work order to
the room addition and bay
had been started without the
WHEREAS, Section 28-2502 of the Municipal Code requires three
findings before any variance can be granted:
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 of
privileges enjoyed by other property in ~he same
vicinity and zone; and
3) The granting of such variance shall not constitute
a grant of special privilege inconsistent with
other limitations upon the properties in the same
vicinity and zone; and
.
'.
~
,
.
..
Resolution #1443
Page 2
WHEREAS, a duly noticed public hearing was held on November 5,
1986; and
WHEREAS, the Planning Commission determined that the necessary
findings cannot be made to warrant the approval of the
variance, and that no special circumstances exist that
prevent the strict application of the zoning code. The
subject property is a standard, single family lot,
rectangular in shape, with no special circumstances
that warrant a variance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby deny Variance 15-86.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 19th day of
November, 1986 by the following vote:
AYES:
Commissioners ~. JhaA,P,. ~ --'
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT:
Commissioners ~7 {ltJli.(iujltlT::~:~_
~~.-
Chairman of
Commission
. _~L1" · .rL tlJ.i.
~ry to the
Commission