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Home My WebLink AboutPC Res 08-29 - 2008-12-03 RESOLUTION NUMBER 08-29 O.-9/6'h /114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 08-2 TO CONSTRUCT AN IN-GROUND SWIMMING POOL AND SPA WITH A MINIMUM SETBACK OF THREE (3) FEET FROM THE REAR PROPERTY LINE TO THE WATER LINE AT 801 MARVISTAAVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 22, 2008, Scott and Jennifer Stevens applied for Variance 08-2 with the Department of Development Services.' The applicant is proposing to construct an in-ground swimming pool and spa with a minimum setback from the rear property line to the water line of three (3) feet within the required rear yard setback area. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 08-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303(e) (New Construction of Small Structures), because the application is for the construction of accessory structures including garages, carports, patios, swimming pools, and fences; ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. Duly noticed public hearings were held before the Planning Commission on October 22, 2008; November 5, 2008; and November 19, 2008 to consider the application for Variance No. 08-2. Section 4. The record of the hearings on October 22, 2008; November 5, 2008; and November 19, 2008 indicate the following: (a) On September 22,2008, Scott and Jennifer Stevens applied for Variance 08-2 with the Department of Development Services. The applicants are seeking to construct an in-ground swimming pool and spa with a minimum setback from the rear property line to the water line ofthree (3) feet within the required rear yard setback area. (b) The subject property contains approximately 5,027 square feet and is located at 801 Marvista Avenue. 10f4 Planning Commission Resolution No. 08-29 Variance 08-2 801 Marvista Avenue December 3,2008 (c) The subject property has approximately 49.12 feet of frontage on Marvista Avenue, and is generally rectangular in shape, having approximately 53.42 feet of width along the rear property line, and has an average depth of approximately 98.05 feet. (d) The surrounding land use and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single-family residences in the Residential Low Density (RLD) Zone. Single-family residences in the Residential Low Density (RLD) Zone. Single-family residences in the Residential Low Density (RLD) Zone. Single-family residences in the Residential Low Density (RLD) Zone. (e) The subject property is situated such that it is one of the smallest lots in the neighborhood and has the smallest backyard area compared to several similarly configured lots in the immediate vicinity. (f) Staff has received no communications in response to the mailed and published notice of this hearing. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-801,28-2407,28-2500,28-2501, and 28-2502 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 08-2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Specific Plan Regulation" designation for the subject property and permits residential land uses in accordance with certain development standards. The proposed additions to an existing single-family residence will retain the current residential character of the property, while providing additional options to the living accommodations to the residents, which is one of the goals of the Land Use Element. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) Because of the special circumstances applicable to the property, including size, shape and location of surroundings, the strict application of the Zoning Code deprives the property of privileges enjoyed by other property in the same vicinity and Zone. Specifically, the subject property is mostly rectangular in shape, but has a smaller lot area than other lots in the vicinity and because of the way the house is situated on the lot, also has the smallest backyard area when compared to several other similarly configured lots in the immediate vicinity. As such, the strict application of the setback requirements would restrict the developable area of the lot, when compared to other similar properties in the neighborhood. (c) The granting of this variance will not constitute a grant of special privilege inconsistent with other limitations on other properties in the same vicinity and Zone, given that other properties in the vicinity do not have such small backyard areas and because the variance allows the subject property to have useable area roughly equivalent to that 20f4 Planning Commission Resolution No. 08-29 Variance 08-2 801 Marvista Avenue December 3, 2008 of similarly configured parcels In the surrounding area, which are larger than the subject property. (d) The granting of the requested variance for the pool and spa would not be detrimental to adjoining properties as the variance requested would allow for a practical use of the rear yard of the property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 08-2, subject to the following conditions: 1. Variance 08-2 is approved for an in-ground swimming pool and spa with a minimum three (3) foot setback from the rear property line to the water line to be located within the required rear yard setback area of the existing single family residence at 801 Marvista Avenue. 2. All construction shall be in substantial compliance with the plans approved through Variance 08-2, as submitted. 3. Building permits shall be obtained for the approved structures. 4. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Plan Review, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rdday of December 2008 by the following vote: AYES: Commissioners Deaton, Bello, and Massa-Lavitt 30f4 NOES: Commissioners None Planning Commission Resolution No. 08-29 Variance 08-2 801 Marvista Avenue December 3, 2008 ABSENT: Commissioners Delay and Eager ABSTAIN: Commissioners None Lee Whittenberg Secretary, Planning Commission ***** 40f4 d---(i-k l--'- 0..1(1 /.a:Pn) / 1'Ellery Deaton Chairperson, Planning Commission