HomeMy WebLinkAboutPC Res 1624 - 1991-05-01
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RESOLUTION NUMBER 1624
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE 3-
91, A REQUEST TO ADD IN EXCESS OF THE TEN
PERCENT (10%) MAXIMUM ADDITION TO A
NONCONFORMING SINGLE-FAMILY DWELLING AT 241
FIFTH STREET, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on March 3, 1991, Mitchell Sheltraw filed an
application on behalf of Jeffrey A. Deckner for a Minor
Plan Review to add approximately 811 square feet to a
nonconforming single-family dwelling at 241 Fifth
Street. Staff subsequently advised the applicant that
the request exceeded the 10% maximum addition (528
square feet) to a nonconforming structure and advised
the applicant to re-submit the application as a
variance request; and
WHEREAS, the subject property is legally described as the
Northeasterly 15 feet of Lot 41 and the Southwesterly
15 feet of Lot 43 of Block 104 of ~he Bay City Tract;
and
WHEREAS, specifically, the applicant is requesting to add a 208
square foot family room to the first floor of the
dwelling, a 304 square foot master bedroom to the
dwelling's second floor and a 299 square foot music
room above the garage; and
WHEREAS, the subject property is nonconforming due to an
inadequate side yard setback along the property's
northerly side (2 feet instead of the required 3 feet);
and
WHEREAS, the subject dwelling was constructed in 1913 and,
according to the Woman's Club of Seal Beach, is one of
the ten (10) oldest existing houses in the City; and
WHEREAS, Section 28-2407(A)(2)(i) of The Code of the City of
Seal Beach permits minor enlargements or expansions
which increase the floor area less than ten percent
(10%) of the allowable floor area, or 528 square feet
for the subject property; and
WHEREAS, the subject property is located on the westerly side of
Fifth Street between Central Avenue and Marina Drive;
and
WHEREAS, the subject property is surrounded on all sides by a
mixture of single-family and multi-family dwellings in
the Residential High Density zone, (RHO); and
WHEREAS, the Planning Commission held a duly noticed Public
Hearing on May 1, 1991 to consider Variance 3-91; and
WHEREAS, the Planning Commission makes the following findings:
1. Variance request 3-91 is in keeping with the
General Plan which dictates the subject property
be utilized for high density residential uses.
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Planning Commission
Resolution No. 1624
Page 2
2. There are special circumstances applicable to the
property at 241 Fifth Street which, through the
strict applica~ion of the zoning code, deprive the
property of privileges enjoyed by other property
in the same vicinity and zone. Specifically, the
age of the existing dwelling and its local
historical significance prevent the applicants
from relocating the nonconforming wall. Such a
relocation would require substantial demolition
and damage to the structural integrity of the
existing structure.
3. The granting of Variance request 3-91 will not
constitute the granting of a special privilege
inconsistent with other limitations upon other
properties in the same vicinity and zone.
Specifically, due to its age and local historical
significance, the existing dwelling is an
increasingly rare and valuable asset to the City
and the preservation of such structures is
important to the ongoing history and character of
the City.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby approve Variance 3-91, subject to
the following conditions:
1. Variance 3-91 is approved for an 811 square foot addition to
a nonconforming single-family dwelling located at 241 Fifth
Street, Seal Beach.
2. The two (2) windows proposed for the new master bathroom
shall be removed to conform with UBC requirements.
3. All construction shall be in substantial compliance with the
plans approved through Variance 2-91.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 1st day of
May, 1991, by the following vote:
NOES: Commissioners
Orsini, Dahlman, Sharp, McCurdy
Fife
AYES: Commissioners
ABSENT: Commissioners
Whittenberg, Secretary
lanning Commission
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