Loading...
HomeMy WebLinkAboutPC Res 94-11- 1994-05-04 RESOLUTION NUMBER 94-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 94-2, PERMITTING A VARIANCE FROM THE REQUIRED REAR YARD SETBACK TO PERMIT AN EXISTING SECOND STORY BEDROOM TO REMAIN WITH ITS PRESENT SETBACK IN CONJUNCTION WITH A MAJOR REMODEUADDITION TO A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 1603 SEAL WAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On March 11, 1994, Joe and Adnenne Kalmtck ("The Apphcants") filed an application for Vanance 94-2, CUP 94-2 and HeIght Vanatlon 94-2 WIth the Department of Development Services The applicants sought a vanance from the required rear yard setback to penmt an existing second story bedroom to remain with Its present setback In conJunction with a major remodeVaddltlon to a nonconfonmng Single family dwelling located at 1603 Seal Way, Seal Beach. The subject property IS nonconfonmng due to Inadequate rear yard setback The requested height vanation is to construct a covered roof access structure in excess of the 25 foot heIght litntt SectIon 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the CIty'S Local CEQA GUidelines, staff has determined as follows The apphcatlon for Vanance No 94-2 IS categoncally exempt from reVIew pursuant to the Cahfornia EnvITonmental Quahty Act pursuant to 14 Ca1tf Code of Regs ~ 15301 (Existing Uses), because the applicatIon IS for an eXIsting use whtch IS not expanding In excess of 50% of the floor area of the structure before the addItIOn, or 2,500 square feet, and, pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no posslbihty that the approval may have a slgmficant effect on the enVIronment SectIOn 3 A duly noticed public hearing was held before the Planmng ConumsSlon on Apn120, 1994 to conSider the apphcatlon for Vanance No 94-2 The apphcant spoke In favor of this request with no persons speaking In oppOSItion Section 4 The record of the hearing on Apnl20, 1994 indicates the following (a) On March 11, 1994, Joe and Adrienne Kalmick filed apphcatlons for Vanance 94-2, CondItIOnal Use Penmt 94-2 and Height Variation 94-2 with the Department of Development SeMces (b) Specifically, the applicants are requestmg a vanance from the requITed rear yard setback to penmt an eXIsting second story bedroom to remain With its present setback In cOlIJunctlon with a major remodeVaddltlOn to a nonconfonmng Single fanuly dwelling located at 1603 Seal Way, Seal Beach The subJect property IS nonconforming due to Inadequate rear yard setback The requested height variation is to construct a covered roof access structure In excess of the 25 foot height limit (c) The subJect property IS legally described as Orange County Assessor's Parcel Number 199-094-37 (d) The subJect property IS surrounded on three (3) SIdes by a nuxture of smgle family and multi-family reSidences In the ReSidential HIgh DenSIty zone, (RHO), and by the PaCific Ocean to the south 1=\ \VARIR.., llCC~ , Plannmg CommISSIon ResolutIon No 94-// May4, /994 (e) The subJect property is nonconfonmng due to inadequate rear yard setback SpeCIfically, the existing structure proVIdes a five (5') foot rear yard setback for both the first and second floors Setbacks of twelve (12') feet for the first floor and six (6') feet for the second floor are reqUired (f) The subject structure was constructed In 1959 (g) The CIty received no written comments respondmg to the notices of the hearing on CUP No 94-2 Section 5 Based upon the facts contained In the record, including those stated In ~ 4 ofthts resolution, and pursuant to ~~ 28-2500 through 28-2502 of the City's Cod~ the Planning ComnusslOn hereby finds as follows (a) Variance 94-2 is consistent with the proVIsIons of the Land Use Element of the CIty'S General Plan, whtch prOVIdes a "htgh density residentIal" designation for the subJect property and permits single and multl-fanuly reSIdential uses The use is also consistent with the remaining elements of the CIty'S General Plan as the poliCIes of those elements are consistent with, and reflected m, the Land Use Element Accordingly, the proposed use IS consistent with the General Plan (b) Due to the WIdth and configuration of the lot and the locatIon of the extstlng structure on the property the extstlng second story of the structure would need to be relocated only 5 inches to meet the requirements of the Code and avoid the necessity ofthts vanance However, the requITement to demolish a portion of the existing structure that is not scheduled for remodel would serve no public purpose as the first floor garage would be permitted to remam at the present setback Therefore, there are special property related Ctrcumstances whtch, through the stnct apphcation ofthts Chapter, deprive the subject property ofpnvileges enjoyed by other property In the same viCInity and zone (c) The granting of thiS variance would not be the granting of a special pnVllege Inconsistent with other limitatIons on other properties in the same VICinity and zone Specifically, due to the locatIOn of the extstlng structure on the subJect property, the requirement to relocate the second floor 5 Inches WIll serve no public purpose AddItionally, other nonconforming propertIes which are nonconforming due to excessIVe dwelling umts are penmtted this type of addition SectIon 6 Based upon the foregoing, the Planning Conumssion hereby approves Vanance 94-2, subJect to the following conditions 1 Vanance 94-2 IS approved to permit a vanance from the reqUired rear yard setback for the second story of a extstlng nonconfonmng Single family dwelling to remain In ItS current configuration in conjunctIon WIth a remodeVaddltlon to the front of the two story structure located at 1603 Seal Way, Seal Beach 2 All construction shall be in substantial compliance with the plans approved through Vanance 94-2 3 The apphcant shall remam bound by all condItIons of approval CUP 94-2 and Height Vanatton 94-2 4 Thts Variance shall not become effectIve for any purpose unless an "Acceptance of Conditions" form has been Signed by the applicant In the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal period has elapsed Page 2 1=\ \VARIR.., llCC~ Planmng CommISSIon ResolutIon No 94-// May4, /994 PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the City of Seal Beach at a meeting thereof held on the 4th day of May, 1994 by the following vote AYES Commissioners Soukup, Law, Sharp, Campbell NOES ConumSSloners . Dahlman ABSENT Conumssloners ~ Mark Soukup, Vlce Cnalrman Planmng Conumsslon Sa rry C t s, Secretary Planning ConumsSlon Page 3 1=\ \VARIR." llCC~