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HomeMy WebLinkAboutPC Res 93-48 - 1993-10-20 , RESOLUTION NUMBER 93-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 93-7, A VARIANCE FROM THE REQUIRED SIDE YARD SETBACK TO PERMIT AN EXISTING ELEVATED WALKWAY AND ST AIRWAY TO AN ELEVATED FIRST FLOOR TO REMAIN IN CONJUNCTION WITH A PROPOSED REMODEL AND ADDITION AT A-104 SURFSIDE, AND RENUMBERING VARIANCE NO 93-7 TO VARIANCE NO 93-4 FOR CLERICAL PURPOSES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS SectIOn I On September 15, 1993, Mark E and Joke M Schubert filed an applicatIon for Vanance 93-7 WIth the Department of Development SeTVlces Specifically, the applIcants are requesting a vaTlance from the required Side yard setback to penmt an exISting elevated walkway and stairway to an elevated first floor to remaIn in conjunction WIth a proposed remodel and additIOn at A-104 Surf sIde Section 2 A duly noticed public heanng was held before the Planmng CommIssIon on October 20, 1993, to conSIder Vanance No 93-7 At the public heanng the applicant spoke In favor of the request, WIth no persons appeanng m oppOSitIOn Section 3 Pursuant to 14 CalIfornia Code of Regulations, ~15025(a) and ~II B of the CIty's Local CEQA GUIdelines, staff has determmed as follows Vanance No 93-7 IS categoncally exempt from reView, pursuant to the CalIfonua EnVIronmental Quality Act pursuant to 14 Calif Code of Regs ~15301 (EXIsting Uses), because It Involves the neglIgIble expansIOn of an eXISting use, and pursuant to ~ 15061 (b )(3), because It can be seen With certamty that there IS no pOSSibility that the approval may have a Significant effect on the environment SectIOn 4 The record of the heanng on October 20, 1993, mdlcates the follOWIng (a) On September IS, 1993, Mark E and Joke M Schubert filed an applicatIOn for Vanance 93-7 WIth the Department of Development SeTVlces (b) SpeCifically, the applicants are requesting a vanance from the required SIde yard setback to penmt an eXisting elevated walkway and stairway to an elevated first floor to remaIn In conJunctIon WIth a proposed remodel and addition at A-104 Surf sIde (c) The subJect property IS located on the southwesterly side of Surf sIde Avenue and IS legally descnbed as Orange County Assessor's Parcel Number 178-462-16 (d) The subJect property IS surrounded on three (3) SIdes by single faInlly reSIdences In the ReSIdential Low DenSity zone, (RLD) witlnn the community of Surf sIde, and by the Pacific Ocean to the southwest (e) The subJect property, as WIth all or most of the properties In Surf side, IS occasIOnally Inundated by stonn-driven tIdes and surf SectIon 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 of this resolutIOn, and pursuant to ~~ 28-2500, 28-2501 and 28-2502 of the City'S Code. the Planmng CommissIOn hereby finds as follows I The granting ofVanance 93-7 IS consIstent WIth the proVISIons of the General Plan winch indIcate the subJect property IS to be used for low denSity reSidentIal purposes, winch Includes Single faITIIly dwellings F\ WAR\R93-.4 BCCbcc 1 P1annmg CommissIon ResolutIOn No 93-48 2 Due to the width and configuration of the lot, the location of the existmg structure on the property and the location of the property m an area subject to stonn-driven ocean tloodmg, the subject property has madequate area to pemut nonnal sIde yard access to the dwelling Therefore, there are Special property related Circumstances which, through the stnct appbcatlon of this Chapter, depnve the subject property ofpnvlleges enJoyed by other property m the same VIcinity and zone SpecIfically, due to the locatIon of the exIstmg structure on the subject property, WIth the first tloor elevated apprOlomately SIX (6') feet above grade, a nonnal Side yard access to the dwelling IS Impossible A stlllrway and walkway up to 214 feet above grade, as pennltted by the Code, WIll not penmt access to the dwelling 3 The grantmg of thIs vanance would not constItute the grantmg of a Special pnVllege mconslstent WIth other IirmtatIons on other properties m the same VICInity and zone SpecIfically, due to the location of the eXlstmg structure on the subJect property, WIth the first tloor elevated approximately SIX (6') feet above grade, a nonnal Side yard access to the dwelling IS ImpOSSIble A staIrway and walkway up to 214 feet above grade, as pennltted by the Code. WIll not penmt access to the dwelbng SectIon 6 Based upon the foregomg, the Planning Commission hereby approves Vanance 93-7 subJect to the follOWIng conditions I For c1encal purposes tins request, Vanance 93-7, is hereby renumbered as Vanance 93-4 2 Vanance 93-4 IS approved to penmt a vanaIlce from the reqUIred Side yard setback to pennlt an eXIsting elevated walkway and staIrwell to an elevated first tloor to remam m conJunctIon WIth a proposed remodel and additIOn at A-104 Surf side 3 All constructIon shall be m substantial compliance With the plans approved through Vanance 93-4 PASSED, APPROVED AND ADOPTED by the Planning CommISSion of the City of Seal Beach at a meetmg thereof held on the 20th day of October 1993 by the follOWIng vote AYES CommIssIoners Campbell. Law. Sharp. Soukup NOES CommiSSIoners ABSENT Comrmssloners Dahlman ~ Mark Soukup, Actmg C Innan Planmng CommiSSion e Whittenberg, Secretary lanmng CommiSSIon F\. WAJl\R9J.4 BCCbc:c Page 2