HomeMy WebLinkAboutPC Res 1509 - 1988-06-15
~
.
.
RESOLUTION NUMBER 1509
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
VARIANCE 5-88, A REQUEST TO VARY FROM THE
ZONING REQUIREMENTS FOR MINIMUM LOT
SIZE AND SETBACKS FOR A SERVICE STATION
LOCATED AT 13980 SEAL BEACH BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS,
on May 11, 1988, Stan Iverson
for Variance 5-88 to the
Services; and
submitted an application
Department of Development
WHEREAS, the applicant is seeking variance from certain Code
sections regarding the City's service stations
(Section 28-23182); and
WHEREAS, the subject property is an existing service station
with a 16,714 square foot lot, and is currently non-
conforming due to inadequate setbacks, substandard lot
size, lack of a CUP, and substandard landscaping; and
WHEREAS, the applicant has submitted a Conditional Use Permit
(CUP 5-88) to remodel the service station and add
landscaping in excess of the current Code requirements,
as shown in Resolution No. 1508; and ----
WHEREAS, Section 28-2408 would permit structural alterations and
improvements when the property has inadequate yard
setbacks, therefore, it is the determination of the
Planning Commission that the project proposed in CUP
5-88 could proceed with the improvements without the
need to adjust setbacks and therefore findings to vary
with the required setbacks are not required; and
WHEREAS, the surrounding land uses and zoning are as follows:
North and West - The Leisure World Shopping Center,
zoned C-l surrounds the service station.
South - A mixture of small retail shops and restaurant,
and a service station.
East - The Seal Beach Naval Weapons Station; and
WHEREAS, Variance 5-88 is required to maintain the lot at the
substandard 16,714 square foot size, where 22,500
square feet is required by Code; and
WHEREAS, this project is categorically exempt from the
requirements of the California Environmental Quality
Act (California Administrative Code Section 15301).
WHEREAS, a duly noticed public hearing was held on June 15,
1988; and
WHEREAS, the Planning Commission makes the following findings:
1. Variance 5-88 will not adversely affect the General
Plan. The subject property has a General Commercial
designation under the Land Use Element. The current
use and proposed improvements are consistent with the
General Plan determination, and the granting of the
variance will not alter the current or proposed use of
the property.
\,
e
.
Page 2
June 15, 1988
VAR 5-88
2. There are special circumstances caused by the
property's surroundings which deprive the property of
privileges. enjoyed by other properties in the same
vicinity and zone. The property is surrounded by an
existing neighborhood commercial center. It is not
possible for the service station to purchase property
without rendering the center non-conforming or
increasing the non-conformance. This poses a hardship
on the service station since this use has no viable
opportunity to achieve compliance with the Code. The
property's surroundings therefore create a hardship
that renders the opportunity to gain compliance as
nearly impossible.
3. The granting of Variance 5-88 is not a grant of
special privilege.
All service stations in the City of Seal Beach were
constructed prior to the change in lot area
regulations. Each individual case that is currently
non-conforming will have to be judged on its own merit
in regard to the findings in this variance or other
applicable findings. The granting of this variance is
applicable to this site only, and it's approval will
not automatically apply to other service stations.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby approve Variance 5-88, subject
to the following condition:
1. That all conditions of Conditional Use Permit 5-88
shall be applicable to this variance.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 15th day of
June, 1988, by the following vote:
~ ~~
..,~r
Emmett Suggs, V ~ hairman
Planning Commission
~~
ard M. nigh, cretary
Planning Commission