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Home My WebLink AboutPC Res 08-37 - 2009-01-07 RESOLUTION NO. 08-37 o t9/ 6'~ /114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 08-3, A REQUEST TO MAINTAIN A FOUR (4) FOOT SIDE YARD SETBACK FOR THE FRONT 45 FEET OF AN EXISTING RESIDENCE ALONG THE NORTH PROPERTY LINE AT 716 ISLAND VIEW DRIVE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On November 21, 2008, William and Jenna Mingram submitted an application for Variance 08-3 to the Department of Development Services seeking to maintain a four (4) foot side yard setback for the front 45 feet of an existing, recently completed new residence along the nofurth property line. Section 28.401.1.4 of the Seal Beach Municipal Code requires a five (5) foot minimum setback. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a), staff has determined as follows: The application for Variance No. 08-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15302 - (Replacement or Reconstruction), because the application is for the replacement of a previously existing single-family residence by the construction of a new single-family residence and, pursuant to 14 Calif. Code of Regs. 9 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. A duly noticed public hearing was held before the Planning Commission on January 7, 2009 to consider Variance 08-3. At the public hearing, the Planning Commission considered all evidence and testimony provided on this matter. Section 4. The record of the hearing indicates the following: (a) On November 21, 2008, William and Jenna Mingram submitted an application for Variance 08-3. (b) The Applicant is seeking to maintain a four (4) foot side yard setback for the front 45 feet of an existing, recently completed new residence along the north property line. Section 28.401.1.4 of the Seal Beach Municipal Code requires a five (5) foot minimum setback. 1 of 4 Planning Commission Resolution No. 08-37 Variance 08-3 7 J 6 Island View Drive JanualY 7, 2009 (c) The subject property contains approximately 7,275.6 sq. ft. and is located at 716 Island View Drive, in an area generally referred to as "The Hill." (d) The subject property is irregular and generally trapezoidal in shape, having 40 feet of frontage on Island View Drive, 111.11 feet of width along the rear property line, with the southerly property line depth being 90 feet in depth, and the northerly property line being 125.90 feet in depth. (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST AND WEST Single family dwellings located in the Residential Low Density - 5000 Zone (RLD - 5000). Section 5. Based upon the evidence in the record, including the facts stated in 9 4 of this resolution and pursuant to 9 28-2502 of the City's Municipal Code, the Planning Commission hereby finds as follows: (a) Variance 08-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits residential land uses in accordance with certain development standards. The completed construction, although not in accordance the City's side yard set back requirements, was constructed in accordance with plans that were reviewed and approved by the Planning, Building, and Public Works Departments, which did not discover the inconsistency with Section 28- 401-1.4. The use is nonetheless consistent with the remaining elements of the City's General Plan, including the Land Use Element. (b) Because of the special circumstances applicable to the property, including size, shape and location of surroundings, the strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the same vicinity and zone. Specifically, the subject property is irregular and generally trapezoidal in shape, having 40 feet of frontage on Island View Drive, 111.11 feet of width along the rear property line, with the southerly property line depth being 90 feet in depth, and the northerly property line being 125.90 feet in depth. Further, the subject property is located at the 90-degree "knuckle" turn in Island View Drive, between Bolsa Avenue and Sea Breeze Drive. only one other property in the Hill area is similarly located on a 90-degree "knuckle" turn. (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. The residence constructed on the property received 6 different reviews and approvals over a 7-month time period by various departments of the City. The structure was constructed in good faith and in reliance on those City reviews and approvals. The valuation of the construction of the residence was $219,000. 20f4 Planning Commission Resolution No. 08-37 Variance 08-3 716 Island View Drive January 7, 2009 (d) The granting of the requested variance would not be detrimental to adjoining properties, as the variance requested would allow for the retention of a portion of the existing structure currently constructed, in accordance with plans reviewed approved, and inspected by the City. The 45-foot length of the north residential wall that was inadvertently constructed within the 5 foot side yard setback contains the following architectural treatments and openings along that portion of the wall: o Front 13 feet of side wall: o limestone wall treatment with no openings; o approximately 15 feet in height - (includes screen wall for outdoor roof deck above first floor garage area. o Remaining 32 feet of side wall: o smooth trowel stucco treatment Done 3'-0" x 7'-6" solid door and one 3'-0" x 2'-6" window opening on first floor; o 2 sliding windows, 2'-0" x 11'-0" and 2'-0" x 10'-0" at approximately 15-foot height from ground level to bottom of windows; o 2 openable 4'-0' x 4'-0" windows at approximately 14-foot height from ground level to bottom of windows; o approximately 19 feet in height to eave line. Section 6. Based on the foregoing, the Planning Commission hereby approves Variance 08-3, subject to the following conditions: 1. Variance 08-3 is approved to maintain a four (4) foot side yard setback for the front 45 feet of an existing residence along the north property line at 716 Island View Drive, in accordance with the plans submitted for Variance 08-3. 2. 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 10 day appeal period has elapsed. 3. The applicant shall indemnify, defend and hold harmless 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 Conditional Use Permit, 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 3of4 Planning Commission Resolution No. 08-37 Variance 08-3 7 J 6 Island View Drive January 7, 2009 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 7th day of January 2009 by the following vote: AYES: Commissioners Deaton, Delay, Eagar, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None ~n/Yr~ / Ellery Deaton Chairperson, Planning Commission \ ~w~ Lee Whittenberg Secretary, Planning CommisSion ***** 4of4