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HomeMy WebLinkAboutPC Res 1378 - 1985-06-05 Resolution No. 1378 Missinq Approved: June 5, 1985 Subject: CUP 7-85 Address: Applicant: Request: 1217 Seal Way Phillip Allen Allow 2-story addition to existing nonconforming 'SFR in R-3 Zone. Denied without prejudice. Plannlng Commission Meeting of June 5. 1985 Page 2 . PUBLIC HEARING - CONDITIONAL USE PERMIT 7-85~C-ll SURFS IDE Dana 09don, Administrative Aide, presented t e staff report for the Commisslon's conslderation. He indicated that this item was a request to permit structural improvements to an existing legal non-conformlng residence located in Distrlct III, Surfside. Mr. Ogdon outlined the facts relatlng to the subJect property. referencing dimensions and the various Code Sections which apply to this ltem. He pOlnted out that Surfslde has its own set of zoning regulatlons which are set apart from other residential uses in Seal Beach, and he made reference to those sectlons. It was staff's recommendation that should Condltional Use Permlt 7-85 be approved by the PlannIng Commission. there should be a correction of the existing parking space in order to provide the required parking depth of 20 ft., 7 ft. helght and 9 ft. width in conjunction with any proposed enlargement of the building. Staff's recommendation was for denial of CUP 7-85 without prejudice, to enable the applicant to make corrections for resubmittal to the Planning Commlssion. . Chalrman Jessner declares the public hearing open. Bill Bruton, B-61 Surfside, general contractor for the applicant, Dorothy Hilton, spoke on her behalf. He stated that the archltect made a good attempt to sat1sfy the requlrements 1ndicated by staff, and that neither he nor his client wanted to have to come before the Commission on this issue. He d1scussed the various compli- cated 1ssues of this item with the Comm1ssion. Mr. Bruton explained the difficulty lnvolved in the structural alterations that would have to be made in order to come into compliance. As no other members of the audience spoke in favor of nor ln opposition to this proposal, Chairman Jessner closed the public hearing. Chairman Jessner requested clarification from Staff as to the requlred depth of the parking stall. Mr. Baucke stated that staff did not have any obJectlon to the 8.5 ft. dimension for interior width. Mr. Jessner also expressed concern over this lssue being affected once ZTA 2-84 has passed. Mr. Baucke indicated that th1S amendment was not applicable to Surfside. Commissioner Covington stated to~e Commlsslon that their Judgement for th1S applicat10n must be based on the current code. The Commlssion contlnued discussion of the utility area and requested staff's input as to what would be acceptable dimensions on the parking depth. Mr. Baucke stated that the 8.5 ft. lnterior w1dth of the stall with a parklng space depth of 20 ft. and 7 ft. height would be acceptable to staff. Commissioner Covington moved that CUP 7-85 be adopted and that staff prepare a resolutlon with the fOllowing conditions: 1) the garage space d1mensions would be 8.5 ft. wlde, 20 ft. long and 7ft. hlghi 2) the area shown as utility be shown as a utility area portion of the kitchen and the sliding door that separates the utility area from the rest of the k1tchen is acceptablei and 3) the kitchen expansion 1S perm1ssible since it is an enlargement of the eXlsting kitchen. Mr. Perrln seconds. AYES: Covlngton, Hunt, Jessner, Perrln NOES: None Motlon Carried . PUBLIC HEARING - CONDITIONAL USE PERMIT 9-85 - 1217 SEAL WAY Staff report, presented by Mr. 8aucke. lndicated that thlS item was a request by the appllcant, Mr. Phill1p Allen, to allow a second story addition to an existing non-conforming buildlng located in the R-3 Zone. Mr. Baucke presented specification! of the property to the Commission and explalned that the applicant requested this conditional use permit because a second story was necessry an ocean/beach viewwhentl . . . Plann1ng Comm1ss10n Meet1ng of June 5, 1985 Page 3 berm 1S In place. He stated that th1S property has several substant1al non- conform1ng 1ssues wh1ch set It apart from tYPlcal conformlng propertles. Mr. Baucke noted that these addlt10ns to the property would ellmlnate or postpone the necessary conformance of the property, and he went on to present these nonconformlng Issues and thelr surroundlng res1dentlal Impacts to the Commlss10n for the1r conslderatlon. D1scuss10n cont1nued between staff and the Commlsslon referenc1ng 1ntrus10ns Into the rear yard setback and street entry garages, both 1ssues whIch relate to th1s property. It was staff's recommendatIon that the PlannIng Comm1sslon accept and approve one of the follOWIng optlons: 1) Deny CUP 9-85 as subm1tted; 2) Deny CUP 9-85 wlthout preJudlce so that the owner may resubmlt plans w1th correct10nsi 3) Approve CUP 9-85 w1th the followlng condltlons: a) The eXlstlng garage be reorlented so as to access the alley and not 13th Street. b) All rear setback requlrements be met In conformance wlth Sectlon 28-801 of the Munlclpal Code. Chalrman Jessner expressed concern about th1s app11cat10n and how the approval of ZTA 2-84 may affect th1s Issue. Mr. Baue Indlcated that based on the current code, th1s property would fall under the category of maJor addltlons WhlCh requlres that the property be brought Into conformance. Staff 1ndlcated that the1r recommendatlon for den1al would be the same 1f ZTA 2-84 were to be approved. Mr. Hunt felt that the aesthetlcs dld not really apply here; there 1S no street park1ng on 13th Steet currently because 1t IS red-l1ned. Comm1ss10ner Perr1n stated that th,S 1ssue really comes down to the fact that th1s 1S not code. Chalrman Jessner declares the publlC hearlng open. Ph111,P Allen, 1015 Gayley St., Los Angeles, appl1cant and buyer of the property, spoke In reference to hlS past exper1ence In the Clty of Seal Beach. He presented to the Commlsslon the reasons for the structural alterat10ns and h1s 11mtatlons 1n trY1ng to come Into conformance. Mr. Allen addressed the safety Issue statlng that there was no traff1c/safety Issue here. It was Mr. Allen's oplnlon that th,S proJect wl11 do more for the communlty 1n the long run and that there were speclal clrcumstances Involved In th1s 1ssue. The subJect property IS one of two slngle-fam11y, s1ngle-story resldences on the beach. It IS a beach front home and Mr. Allen stated that he would 11ke to have an ocean Vlew. He also Ind1cated that should there be a repeat of the 1983 flood, he would want a second story on thlS corner. Mr. Allen then made h1mself ava11able to the Comm1ss10n for quest10ns. Mr. Jessner expressed concern once aga1n regardlng ZTA 2-84 and found It d1fflcult to support th1s appllcat10n due to the fact that th1s proJect would stl11 be 1n non-conformance should ZTA 2-84 be approved. W,111am Bennett, Century 21 Pac,f,c Coast Realty, agent for Joseph Mueth, owner/seller, spoke 1n favor of th1s proposal and stated that after rev1ewlng ZTA 2-84, he found that the Commlss10n stl11 has the power to grant th1s CUP. He explalned that Mr. Allen w111 not be able to acqulre th1s property If It IS not economlcally feas1ble wh1ch 1t would not be 1f the CUP was den1ed. Mr. Bennett stated that th1s was a non-hazardous sltuat10n, and the ex,st,ng non-alley use 1S the most practlcal. He also 1ndlcated to that there has been no Opposltlon heard from surroundlng resldences or from the audlence here ton1ght. Mr. Hunt Indlcated that he went by the property before he came to the meet1ng to see what the sltuatlon was there. He notlced several cars parked 1n the alley where there were legal setbacks. It was Mr. Hunt's feel1ng that th,s 1S tYP1cal and that conformance for the sake of conformance 1S not good unless 1t serves the general welfare. Commlss10ner Hunt was 1n favor of the slde entry off of 13th St. He stated he could not support denlal of th1S proposal because he d1d not feel there was a safety hazard Involved. As no other members of the audlence spoke 1n favor of nor In Oppos1t10n to thlS 1ssue, Chalrman Plann1ng Comm1ss10n Meetlng of June 5, 1985 Page 4 Jessner closed the pub11c hearlng. . Mr. Covlngton requested staff to clar1fy a statement 1n the staff report under the sectlon tltled "Intrust10ns 1nto the Rear Yard Setback" whlch 1ndlcated that any structural dev1at10n that eXlsts w1th th,s property to the requlred rear yard setback presents a potentlally hazardous s1tuat10n to the surroundlng nelghborhood. Mr. Baucke substantlated th,S statement wlth a concern he had been made aware of by Joe R1bal who owns the nelghborlng property. Mr. Rlbal Indlcated to staff that he had been almost hlt a number of tlmes backlng out of hlS rear alley access garage based on lack of vlSablhty due to thlS partlcular structure. Commlss10ner Perrln moved to deny CUP 9-85 wlthout preJud1ce. Mr. Cov1ngton seconds the motlon wlth the followlng preface: That all rear setback requlrements be met as establlshed In Sectlon 28-801 of the Munlclpal Code In any resubmltted proposal. AYES: NOES: Covlngton, Jessner, Perr1n Hunt Mot 10n Carrl ed After the motlon had been carrled, W,ll,am Bennett requested clarlflcatlon from the Commlsslon and staff as to the condltlons of the denlal. Mr. Cov1ngton conflrmed the wordlng of the denlal. . ZONING TEXT AMENDMENT 3-85 Mr. Baucke presented the staff report for thlS Item, a request to amend spec,f,c standards, crlterla and regulatIons on the placement and Installatlon of fences, walls and screen plantlngs and referred back to the May 1, 1985 PlannIng Commlsslon meetlng at Wh1Ch th,S amendment was orlglnally proposed. It was the concensus of the Commlsslon at th,S meetlng to postpone th,S Item so to allow staff to conslder the comments recelved and declde If any amendments to the proposed ordInance should be made. Staff presented the revlsed ordInance to the Commlsslon statlng that the amendment would address the concerns and comments recelved at the May 1, 1985 Commlsslon meet1ng. It was staff's recommendat10n to adopt ZTA 3-85 as revlsed. Mr. Covlngton requested 1nput from staff as to whether or not standards used 1n ZTA 3-85 were cons1stent wlth other c1tles. Mr. Baucke 1nd1cated that many of these requ1rements were standard and noted others that were more restrlctlve than In other clt1es. Cha1rman Jessner declared the publlC hearlng open. No members of the aud1ence spoke 1n favor of nor 1n Oppos1tlon to th,S 1tem. Cha1rman Jessner closed the pub11c hearlng. D,Scuss,on contlnued between staff and the Commlss10n regard1ng varlOUS sect10ns of the revlsed ord1nance. Comm1ssloner Perrln moved to approve Negat1ve Declarat10n 4-85. Cov1ngton seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, Perrln None Motlon Carrled . Commlssloner Perr1n moved to approve ZTA 3-85 by adoptlon of Resolutlon 1369. Mr. Hunt seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln None Mot 10n Carrl ed