HomeMy WebLinkAboutPC Res 1623 - 1991-04-17
I
.
.
RESOLUTION NUMBER 1623
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING VARIANCE 2-91, A REQUEST TO
PROVIDE OF LESS THAN THE REQUIRED PARKING
DIMENSIONS IN CONJUNCTION WITH THE REMODEL OF A
SINGLE FAMILY DWELLING LOCATED AT 163 ELECTRIC
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, on March 27, 1991, Ron Molinari submitted an application for
Variance 2-91 to the Department of Development Services
requesting to provide less than the required parking
dimensions in conjunction with the remodel of a single family
dwelling located at 163 Electric Avenue, Seal Beach; and
WHEREAS, the applicant is requesting to construct a 3'-6" wide
corridor between the existing dwelling and a converted garage
space currently under construction; and
WHEREAS, on March 11, 1991 the applicant received a Building Permit
for the conversion of a single parking space into a bedroom
and bathroom. The permit was issued in error since, due to
Fire Code provisions, a bedroom may not have a direct exit
into a garage; and
WHEREAS, on March 22, 1991, with the conversion significantly
complete, Building Inspector Chuck Feenstra informed the
applicant the approved bedroom could not be used for sleeping
purposes for reasons previously stated; and
WHEREAS, the subject property's main two-car garage is legally
nonconforming due to the presence of spa equipment which was
located in the garage during construction of the house. The
equipment takes up 2'-8" of the required 20 foot garage
width; and
WHEREAS, the subject property is located on the northerly side of
Electric Avenue, within the Old City Yard subdivision; and
WHEREAS, the subject property is legally defined as Orange County
Assessor's Parcel Number 43-311-43; and
WHEREAS, the subject property is surrounded on all sides by single-
family residential dwellings in the Residential Low Density
zone, (RLD); and
WHEREAS, the Planning Commission held a duly noticed PUblic Hearing on
April 17, 1991 to consider Variance 2-91; and
WHEREAS, the Planning Commission makes the following findings:
1. There are special circumstances applicable to the
property at 163 Electric Avenue which, through the
strict application of the zoning code, deprive the
property of privileges enjoyed by other property in the
same vicinity and zone. Specifically, the legally
permitted spa equipment renders the parking area
directly to the rear of said equipment useless for
parking purposes.
2. The granting of Variance request 2-91 will not
constitute the granting of a special privilege
inconsistent with other limitations upon other
properties in the same vicinity and zone. Specifically,
this request is an attempt to allow the applicant to
enjoy the same privileges as other properties in the
same vicinity and zone. Namely, the applicant is
C:\WPS1\VARIANCE\VAR91--2.RES
..
.
.
Planning Commission
Resolution No. 1623
Page 2
requesting to have the newly converted bedroom and
bathroom integrated with the rest of the dwelling by
means of the proposed corridor. The applicant could
legally seal-off the said rooms from the garage, thereby
creating a condition in which the rooms have no interior
access to the remainder of the dwelling. Sealing-off
the room would, in effect, afford the applicant a
special privilege in that the rooms could easily be
utilized for rental purposes.
3. Relocation of the existing spa equipment out of the
garage will provide a greater amount of contiguous
garage space than presently exists along the affected
side of the garage.
4. The proposal will not adversely affect the existing
parking conditions within the subject garage. Rather,
as stated above, parking conditions may actually improve
due to the relocation of the spa equipment.
5. The garage space, should Variance 2-91 be approved, will
be adequate in area to park two (2) normal size cars.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City
of Seal Beach does hereby approve Variance 2-91, subject to the
following conditions:
1. Variance 2-91 is approved for the provision of less than the
required parking dimensions in conjunction with the construction
of a corridor connecting a nonconforming garage bedroom/bathroom
with the existing den at 163 Electric Avenue, Seal Beach.
2. The spa equipment shall be relocated outside of the garage in
conjunction with the construction of the abovementioned corridor.
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 17th day of April, 1991, by
the following vote:
AYES: Commissioners
Fife, Sharp, DahlJDan, Orsini, McCurdy
NOES: Commissioners
ABSENT: Commissioners
BCC:bc
C:\WP51\VARIANCE\VAR91--?RES