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HomeMy WebLinkAboutPC Res 1552 - 1989-09-06 ~ e e RESOLUTION NUMBER 1552 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 9-89, A REQUEST TO DEVIATE FROM SECTION 28- 401 OF THE CODE, WHICH PERMITS A MAXIMUM LOT COVERAGE OF 40% IN THE RESIDEN'1!IAL LOW DENSITY ZONE, DISTRICT TWO~ IN CONJUNCTION WITH THE ADDITION OF APPROXIMATELY 399 SQUARE FEET. (308 HARVARD LANE, SEAL BEACH) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On July 20, 1989, Gordon R. Logan filed an application with the Department of Development Services for Variance 9-89, a request to vary from Section 28-401 of the Code which permits a maximum lot coverage of 40% in Planning District Two~ in conjunction with the addition of approximately 399 square feet to a single family dwelling at 308 Harvard Lane, Seal Beach~ and WHEREAS, The subject property, Orange County Assessor's map book 86 block 621 parcel 33, contains approximately 5,790 square feet of lot area~ and WHEREAS, On May 2, 1989, Building Inspector Chuck Feenstra witnessed a lumber drop at the subject property. A subsequent inspection of the site on the following day by Inspector Feenstra revealed an unpermitted addition of approximately 399 square feet, including the addi tion of a new bedroom and bathroom~ and WHEREAS, On May 3, 1989, a stop work order was issued by the Department of Development Services and the property owner was notified to contact the Department staff in an attempt to rectify the situation~ and WHEREAS, Section 5-6 of the COde requires a building permit for any construction within the City of Seal Beach~ and WHEREAS, The applicant subsequently submitted plans for approval to the Planning Department. Through its review of the plans, staff concluded that the addition of 399 square feet would yield a lot coverage of approximately 46%~ and WHEREAS, The maximum allowable lot coverage for Planning District Two, of which COllege Park West is a part, is 40%.. The illegal addition therefore yielded a lot coverage approximately 6% greater than that allowed by the Code~ and WHEREAS, COllege Park West is located in Planning District Two which allows a maximum lot coverage of 40%. The City's other two major areas of Residential Low Density, Marina Hill and College Park East are located in Planning District Five. District Five allows a lot coverage of 45%~ and WHEREAS, COllege Park West obtained the 40% maximum lot coverage through the terms of its original subdivision. At the time that CPW was subdivided, the maximum lot coverage for the equivalent of the Residential Low Density zone was 40% for the entire City~ and WHEREAS, Further, in its review of this matter, staff discovered an unpermitted garage conversion on the subject property. It is staff's belief that this garage conversion is illegal. Staff bases this finding on the fact that the garage conversion and subsequent addition of a carport have made the subject property nonconforming. The COde requires a ten (10) foot front yard setback for a side entry garage, as the site had prior to the . , e e City of Seal Beach Planning Commission Resolution 1552 Page 2 of 3 garage conversion. For a front entry carport or garage, the Code requires an eighteen (18) foot setback. The subject property currently provides a fourteen and one-half (14 1/2) foot setback. Therefore, in order for the subject property to be conforming, either the illegal garage conversion would have to be reconverted to a garage and the carport removed or, the family room (former garage) and the carport would have to be set back an additional three and one-half (3 1/2) feet. In order to maintain the carports required twenty (20) foot depth, its relocation would require the removal of three and one-half (3 1/2) feet of the front bedroom, bathroom and shower; and WHEREAS, Section 28-402 of the Code requires a Conditional Use Permit for any carport in the Residential Low Density (RLD) zone. The subject property never received a CUP for the carport, nor were any permits issued though the Department of Development Services; and WHEREAS, A lot coverage of 40% for the subject property would allow for 2,316 square feet of the 5,790 square foot lot to be covered. The current proposal calls for 2,648 square feet of the lot to be covered. Therefore this proposal calls for a variance of 332 square feet to be approved; and WHEREAS, The surrounding land use and zoning are as follows: NORTH Single family homes in the Residential Low Density (RLD) zone and the southbound I-60S to 7th Street connector. Single family homes in the Residential Low Density (RLD) zone. SOUTH, WEST EAST The southbound I-60S to 7th Street connector; and WHEREAS, On September 6, 1989, the Planning commission of the City of Seal Beach held a duly noticed public hearing to consider Variance 9-89; and WHEREAS, The Planning Commission makes the following findings: 1. Variance 9-89 will not adversely affect the General Plan which designates the subject property for residential uses. 2. There are special property related circumstances which deprive the property at 308 Harvard Lane of the privileges enjoyed by other property in the same vicinity and zone. 3. Due to the unique situation of the subject property, the granting of Variance 9-89 will not constitute a granting of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. Specifically, the subject property's location, with a flood control channel and the I-60S connector to Seventh Street located directly to the rear of the property, provides this unique situation. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve Variance 9-89, subject to the following conditions: . f . - City of Seal Beach Planning Commission Resolution 1552 Page 3 of 3 1. Variance 9-89 is approved to allow for a variance from Section 28-401 of the Code which permits a maximum lot coverage of 40% in Planning District Two and to allow an addition which would increase the lot coverage to a maximum of not more than 45% at 308 Harvard Lane, Seal Beach. 2. The applicant shall submit plans to and receive approval from the Department of Development Services for the proposed addition of 399 square feet; including a bedroom and bathroom. 3. A covenant shall be recorded on the title of the property which stipulates that upon sale or transfer of ownership of the subject property, said property shall be brought into conformance with the current zoning requirements at the time of sale or transfer of ownership. 4. Staff shall conduct an inspection of the carport and garage conversion to determine compliance with all Code requirements as well as Fire Department requirements. Any nonconformances shall be corrected prior to the issuance of a building permit. 5. This variance shall under no circumstances allow a lot coverage greater than 45%. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of September, 1989, by the following vote: AYES: Commissioners Sharp, Suggs, Jessner, Rullo NOES: Cammissioners ABSENT: Commissioners Fife ABSTAIN: Commissioners ace: be