HomeMy WebLinkAboutPC Res 1494 - 1988-02-17
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RESOLUTION NUMBER 1494
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE 8-
87, A REQUEST TO PERMIT THE REESTABLISHMENT
OF AN UNENCLOSED SWIM SCHOOL WITH AN
INADEQUATE FRONT SETBACK (345 l~TH STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY .
RESOLVE:
WHEREAS, on December 2, 1987, Ginny Flahive, 867 South State
College, Anaheim, California, submitted applications
for Conditional Use Permit 14-87 and Variance 8-87 to
the Department of Development Services; and
WHEREAS,
the applicant is requesting
an unenclosed private swim
and
permission to reestablish
school at 345 19th Street;
WHEREAS, the subject property is a rectangular parcel measuring
25 feet by 117.5 feet, and is located on the west side
of 19th Street, 75 feet south of Pacific Coast Highway;
and
WHEREAS, the surrounding land uses and zoning are as follows:
North -
A mixture of conforming and nonconforming
retail and office uses in the C-2 Zone;
South -
A mixture of conforming and nonconforming
single and multiple family residences in the
RHD (High Density Resident~al) Zone;
East -
A church in the PLU Zone;
West -
Retail uses in the C-2 Zone; and
WHEREAS, The subject property contains an abandoned
nonconforming swim school, as defined by Section 28-
24~1 of the Code of the City of Seal Beach which
requires that abandoned nonconforming uses be
reestablished only in accordance with current zoning
regulations; and
WHEREAS, the swim school is nonconforming due to an inadequate
front setback, a front fence which exceeds the maximum
height limit, the lack of a masonry wall on the joint
property line between the school and the residential
property to the south, and because the use is not
completely enclosed; ahd
WHEREAS, Conditional Use Permit 14-87 is required to satisfy
Section 28-24~1 as the proposed swim school use is not
one which is permitted in the C-2 Zone only if the
Planning Commission determines that it meets the intent
of general commercial uses; and
WHEREAS, Conditional Use Permit 14-87 also serves as a vehicle
for the Planning Commission to resolve the issue of
parking as required by Section 28-22~8 which allows the
Planning Commission to make recommendations on parking
ratios when the code does not prescribe a specific
rate; and
WHEREAS, Variance 8-87 is required for the school to maintain
its eight- (8-) foot front yard setback and to remain
unenclosed; and
WHEREAS, the Planning Commission held a duly noticed public
hearing on Wednesday, February 17, 1988; and
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RESOLUTION NUMBER 1494
Page Two
WHEREAS, the Planning Commission makes the following findings:
1. Variance 8-87 will not adversely affect the
General Plan. The subject property has a General
Commercial designation under the Land Use Element.
A service such as the proposed swim school
provides falls within the General Plan's Service
Commercial land use category, which is permitted
in General Commercial areas. Variance 8-87 does
not alter any of these considerations.
2. There are special circumstances caused by the size
and location of the subject property which deprive
the property of privileges enjoyed by other
properties in the same vicinity and zone. The
substandard size of the lot, 25' x 117.5', and its
location on a residential block where residential
setbacks apply, reduce the buildable area of the
lot. Consequently, a pool enclosure and a full
front setback cannot be provided without depriving
the property of significant usable square footage
available to similar commercial properties.
3. The granting of Variance 8-87 is not a grant of
special privilege. Rather, the variance provides
alleviates a hardship imposed by the property's
location and size.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby approve Variance 8-87, subject
to the following condition:'
1. Variance 8-87 shall be governed by the conditions attached
to Conditional Use Permit 14-87.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on ~he 17th day of
February, 1988 by the following vote:
NOES
Commissioner (s) (b2X1f/t7J10/-e-4-1t~- 21-11/':. ~hcu...p., Ju.F~
Commissioner(s) J1~
Commi ss i oner (s) 17&rlA
Commissioner(s) J7~f
AYES
ABSTAIN
ABSENT
Commission
ommission