HomeMy WebLinkAboutPC Res 1503 - 1988-04-20
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RESOLUTION NUMBER 1583
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH DENYING VARIANCE 4-88,
A REQUEST TO PERMIT AN ADDITION THAT EXCEEDS
TEN PERCENT OF ALLOWABLE FLOOR AREA TO A
NONCONFORMING SINGLE FAMILY RESIDENCE (225
8TH STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on February 26, 1988, Charles Antos submitted an
application for Variance 4-88 to the Department of
Development Services on behalf of John Sykora; and
WHEREAS, the applicant is requesting permission to construct an
addition measuring approximately 1620 square feet to a
nonconforming single family residence; and
WHEREAS, the subject property is a rectangular parcel measuring
37.5 feet by 117.5 feet, or approximately 4406 square
feet; and
WHEREAS, according to the plans submitted, the subject property
contains a single family residence containing
approximately 1400 square feet of floor area. This
single family residence is nonconforming due to
inadequate side and rear setbacks and insufficient
garage area. The existing building is constructed with
a four-foot first floor rear setback and no setback on
the second floor, while nine feet and four and one-
half feet are required, respectively. One side setback
is three feet wide, whereas an additional nine inches
are required. Finally, one of the required garage
spaces is only 17 feet deep, as opposed to 20 feet; and
WHEREAS, the surrounding land uses and zoning are a mixture of
conforming and nonconforming single and multiple family
dwellings in the RHD (High Density Residential) Zone;
and
WHEREAS, Variance 4-88 is required to permit the proposed room
addition because the proposed addition deviates from
the provisions of Section 28-2407(2). This section
permits minor additions to nonconforming residential
buildings which increase the floor area not more than
ten percent (10 %) of allowable floor area. For the
subject property, this ten percent (10 %) amounts to
755 square feet; and
WHEREAS, on May 2, 1973, the Planning Commission adopted
Resolution Number 738, approving Variance 9-73,
authorizing an addition to the subject property. The
Commission found that the addition would not increase
the degree of nonconformity of the property, and that
the addition would match the existing building; and
WHEREAS, the Planning Commission held a duly noticed public
hearing on Wednesday, April 6, 1988 to consider
Variance 4-88; and
WHEREAS, the Planning Commission makes the following findings:
1. Variance 4-88 would not adversely affect the
General Plan. The addition of 1620 square feet to
the subject property, while 865 square feet in
excess of that permitted by Section 28-2407 of the
City Code, would not alter the residential
character of the subject property or the
surrounding neighborhood.
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Resolution Number 1503
Page Two
2. There are no special circumstances applicable to
the subject property including size, shape,
topography, location or surroundings, such that
the strict application of the zoning ordinance
deprives the subject property of privileges
enjoyed by other property in the same vicinity and
zone. The subject property is a rectangular lot,
measuring 37.5 feet by 117.5 feet. Neither the
shape of the property nor its size deviate from
the standard lot configurations for the tract and
the RHO Zone in general. Consequently, there is
no property-related hardship, distinct from any
other property in the vicinity and zone, which
prevents the owner from complying with the ten
percent (10 %) limit on square footage which may
be added to a nonconforming residential use.
3. Because there are no unusual property-related
circumstances to support Variance 4-88, the
granting of this application would be a grant of
special privilege.
NOW, THEREFORE, BE IT RESOLVED that the Pl~nning Commission of
the City of Seal Beach does hereby deny Variance 4-88.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 20th day of
April, 1988 by the following vote:
AYES:
Commissioner (s) Rullo, Suggs, Sharp, Jessner
NOES: Commissioner(s)
ABSTAIN: Commissioner(s)
ABSENT: Commissioner(s)
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airman of the Pla~ Commission
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