HomeMy WebLinkAboutPC Res 1649 - 1991-10-02
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RESOLUTION NUMBER 1649
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING VARIANCE 7-91, A
REQUEST TO VARY FROM THE REQUIRED SIDE YARD
SETBACK REQUIREMENTS IN ORDER TO CONSTRUCT AN
EXTERIOR STAIRWAY AND DENYING A REQUEST TO
VARY FROM THE REQUIRED 35 FOOT HEIGHT LIMIT AT
B-1l2 SURFSIDE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on August 5, 1991, Dav~d A. Byrnes filed an application
on for Variance 7-91 and Height Var~ation 13-91; and
WHEREAS, the subject property is legally described as Orange
County Assessor's Parcel Number 178-461-50; and
WHEREAS, specifically, the applicant ~s requesting to allow
construction of a new single family residence, 37
feet in height (35 foot height requirement) and to allow
an exterior stairway from ground level to the second
floor; and
WHEREAS, the subject property is surrounded on all sides by
single family residences in the Residential Low Density
zone, (RLD) w~thin the community of Surfside; and
WHEREAS, the subject property, as with all or most of the
properties in Surfside, is occasionally ~nundated by
storm-driven t~des and surf; and
WHEREAS, a duly noticed public hearing was held on October 2,
1991 to consider variance 7-91; and
WHEREAS, the Planning Commiss~on makes the follow~ng findings:
1. Regard~ng the proposed exterior stairway, there
are spec~al circumstances applicable to the
property at B-112 Surfside which, through the
strict appl~cation of the zoning code, depr~ve the
property of privileges enjoyed by other properties
in the same vicinity and zone.
Specif~cally, due to the occassional flooding of
the Surfside area, the c~ty has in the past
approved variances allowing the construction of
exterior staircases within the side yard setback
for the purpose of emergency egress.
2. Regarding the requested He~ght Variance, there are
no special circumstances appl~cable to the property
at B-112 Surfside which, through the strict
applicat~on of the zon~ng code, deprive the property
of privileges enjoyed by other propert~es in the
same v~cinity and zone.
Specifically, the subJect property is perm~tted a
maximum build~ng he~ght of 35 feet as are all
other properties in the same vicin~ty and zone.
3. Regarding the requested Height Var~ance, the
granting of Variance request 7-91 would const~tute
the grant~ng of a special privilege inconsistent
w~th other limitations upon other propert~es in the
same v~cinity and zone.
Spec~fically, other properties in the same
vicinity and zone are allowed a maximum he~ght of
35 feet.
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NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby approve of Variance request 7-91
subJect to the following conditions:
1. Variance 7-91 is approved for the construction of an
exter~or stairway within the s~de yard setback at B-112
Surfside.
2. The requested two (2) foot variance from the height
requirements for the structure and five (5) foot variance
for the parapet ~s denied.
3. All construction of the exterior stairway shall be ~n
substant~al compl~ance with the plans approved through
variance 7-91.
PASSED, APPROVED AND ADOPTED by the Plann~ng Commission of the City
of Seal Beach at a meeting thereof held on the 2nd day of October,
1991, by the following vote:
AYES: Commissioners Fife. Sharp Law. Dahlman. Orsin~
NOES: Commissioners
ABSENT: Comm~ss~oners
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