HomeMy WebLinkAboutPC Res 1538 - 1989-04-19
..
e
e
,
RESOLUTION NUMBER 1538
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE
3-89, A REQUEST TO DEVIATE FROM SECTION 28-
2312 AND SECTION 28-801 OF THE CODE, IN
CONJUNCTION WITH THE CONSTRUCTION--oF' TWO
SEPARATE UNITS ON A 50' X 117.5' LOT WITHOUT
PROVIDING THE REQUIRED SETBACK BETWEEN UNITS
AND SIDEYARD SETBACK.
(242 AND 242 1/2 FIFTH STREET, SEAL BEACH)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, On March 9, 1989, Kurt S. De Meire filed an application with the
Department of Development Services for Variance 3-89, a request
to build two separate units on a 50' x 117.5' lot without
providing the required ten foot setback between units; and
WHEREAS, The subject property, 242 and 242 1/2 Fifth Street, contains 50
feet of frontage on 5th Street, and a depth of 117.5 feet; and
WHEREAS, The subject property contains approximately 5,875 square feet
and is located on the east side of Fifth Street; and
WHEREAS, The subject property currently contains two one-story detached
units; and
WHEREAS, The subject property is surrounded by a mixture of single family
and multi-family units in the residential high density, (RHO)
zone; and
WHEREAS, The subject property consists of one 25' wide lot, located
between two 12' 6" wide half lots; and
WHEREAS, The Planning Commission makes the following findings:
1. Variance 3-89 will not adversely affect the General Plan
which designates the subject property for residential high
density uses.
2. There are special property related circumstances which
deprive the property at 242 and 242 1/2 Fifth Street of the
privileges enjoyed by other property in the same vicinity
and zone. Specifically, the manner in which the lot was
divided precludes it fram being utilized as two separate 25
foot wide lots. This proposal is a request to construct
two single family units in a manner consistent with that of
other 25 foot lots in the same vicinity and zone.
3. The granting of Variance 3-89 will not constitute a grant
of special privilege inconsistent with other limitations
upon other properties in the same vicinity and zone. The
applicant is requesting the same privileges enjoyed by
other 25 foot wide lots, and within that narrow context, no
additional benefit is granted.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approve Variance 3-89, subject to the following
conditions:
1. Variance 3-89 is approved to allow for the deviation fram
Section 28-2312 of the Code, which requires a ten foot setback
between dwelling units on the same lot, and Section 28-801,
requiring a minimum 10% side yard setback, in conjunction with
the construction of two separate single family units at 242 and
242 1/2 Fifth Street.
",-
e
e
. t
City of Seal Beach
Planning Commission
Resolution 1538
Page 2 of 2
2. Subsequent construction documents shall be in substantial
compliance with the plans approved through Variance 3-89.
3. Each unit shall individually meet all zoning requirements for a
5 foot wide lot, as set forth in the Zoning Code.
4. Approval of Variance 3-89 is based exclusively on the premise
that the development of the site will be in complete conformance
with the zoning requirements for two adjacent 25 foot lots, as
set forth in the zoning Code. Any deviation from this premise
will invalidate the approval.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 19th day of April, 1989, by
the following vote:
AYES:
Commissioners Sharp, Suggs, Rullo, Fife
NOES:
Commissioners
ABSENT:
Conmissioners
Jessner
ABSTAIN: Commissioners
t
J~s Sharp, ha"irman
~lanning Commission
BCC :bcc