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Home My WebLink AboutPC Res 95-20 - 1995-09-06 . . ~ RESOLUTION NUMBER 95-20 A RESOLUTION OF THE PLANNING COMl\1ISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 95-4, PERMITTING A VARIANCE FROM THE REQUIRED FRONT AND SIDE YARD SETBACKS IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW TWO-CAR GARAGE AND SECOND STORY ADDITION AT 715 ELECTRIC AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On July 10, 1995, Douglas and Kathleen Arch (the "Applicants") filed an application for Vanance 95-4 With the Department of Development Services Speclfkally, the applicants are seeking after-the-fact approval to vary from the required rear yard setback reqUirements In conjunction With an approved, mspected additIOn at 715 Electnc Avenue, Seal Beach The addition was constructed wlthm one (1') foot of the rear property hne, rather than the reqUired three (3 ') feet Tlus Situation was not detected until constructIOn was complete Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA GUldehnes, staffhas detenmned as follows The apphcatlon for Vanance No 95-4 IS categoncally exempt from review pursuant to the Cahfomla EnVironmental Quahty Act pursuant to J4 Cahf Code of Regs ~ 15301 (EXlstmg Uses), because the application IS for an exlstmg use which IS not expandmg m excess of50% of the floor area of the structure before the additIOn, or 2,500 square feet, and, pursuant to S 1 5061 (b)(3), because It can be seen With certamty that there IS no pOSSibility that the approval may have a slgmficant effect on the environment SectIOn 3 A duly noticed public heanng was held before the Plannmg CommiSSion on August 23, 1995 and contmued to September 6, 1995 to conSider the apphcatJon for Vanance No 95-4 At the public heanng the apphcant spoke m favor of the request one person spoke m OppOSition and one person spoke neither m favor or m opposition SectIOn 4 The record of the heanng on August 23, 1995 and September 6, 1995 mdlcates the follOWing (a) On July 10, 1995, Douglas and Kathleen Arch filed an apphcatlon for Vanance 95-4 With the Department of Development Services (b) SpeCifically, the applicant IS seekmg after-the-fact approval to vary from the reqUired rear yard setback reqUirements in conjunctIOn With an approved, mspected additIOn at 715 Electnc Avenue, Seal Beach The addition was constructed wlthm one (1') foot of the rear property line, rather than the reqUired three (3') feet ThiS Situation was not detected until construction was complete (c) The subject property IS Irregular m shape and was subdiVided through a Deed, rather than through a subdiViSion map The property has an area of approXimately 3,087 square feet With approximately 6775 feet of frontage on Electnc Avenue (d) The subject property IS descnbed legally descnbed as A Portion of Lot Numbers 1 &3 of Stanton and Lothian's First AdditIOn (Tract), Except Northerly 5 Feet of Lot Number 3 for the Westerly 65 Feet The property IS also descnbed as Orange County Assessor's Parcel #043-111-20 (e) The surroundmg land uses and zoning are as follows NORTH & EAST a mixture of smgle family and multifamily reSidences m the Residential High DenSity zone (RHO) 0\ \VAR\R.o.. 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Planmng CommiSSIOn Resolution No 95-20 September 6, 1995 SOUTH the Mary WIlson lIbrary located In the Electnc Avenue greenbelt In the Pubhc Land Use/RecreatIon zone (pLUIR) WEST a law office located In the RHD zone and a hotel m the General Commercial zone (C-2) (t) The subject property currently containS a two-story single fanuly residence (g) The City received one written response in oppOSition to the requested Section 5 Based upon the facts contained In the record, mc1udmg those stated m ~ 4 of this resolutiOn, and pursuant to ~ ~ 28-801 and 28-2500 through 28-2502 of the City's Code. the Planmng Commission hereby finds as follows (a) Variance 95-4 IS consistent With the provisions of the Land Use Element of the City's General Plan, which prOVides a umgh denSity reSidential" deSignation for the subject property and penmts single family reSidential uses The use IS also conSIstent WIth the remromng elements of the CIty's General Plan as the pohcles of those elements are consistent with, and reflected m, the Land Use Element Accordingly, the proposed use IS consistent With the General Plan (b) There are specIal property related circumstances which, through the stnct apphcatlon oftlus Chapter, depnve the subject property ofpriv&leges enjoyed by other property In the same vlclmty and zone and result m unnecessary hardship and practical dtf'ficultles The property IS Irregularly ~haped, alldwas ~ubdlVlded by Deed rather than by map The eXlstmg structure on the property was constructed somewhat as'kew m relatIOn to the property lmes The property lmes were not, at the time of 11lSpectlOn, marked with afence or any other phYSical demarcatIOn Those Irregulantles contnbuted to the adminIstrative error whIch occurred m the plan check/inspectIon process whIch allowed the applIcant to proceed With construction which was contrary to Code As thiS admmlstratlve error was not realized untd constructJOn had essentially been completed, a requirement to correct the situatIon would reqUire the demohtlon of the new 2-car garage and second story addition Such a reqUIrement, ansmg out ofumque, property related circumstances, would Impose an unnecessary hardship and practIcal difficulties on the applIcant SpeCIfically, an ad1ll101strative error occurred In the plan check/inspection process which allowed the apphcant to proceed With construction whIch was contrary to Code As thiS admlmstratlVe error was not realIzed untIl construction had essentially been completed, a requirement to correct the situation would require the demolItIon of the new 2-car garage and second story addition (c) The granting of this vanance would not be the grantmg ofa speCIal pnvIlege inconsIstent WIth other lImitatIons on other properties In the same VlCInlty and zone SpeCIfically, the applIcant relIed on Inspection/approval from the bUlldmg department In continuing With construction to the pOInt ofconc1uslon Due to an admlmstratlve error dunng the buddmg InspectIon process the applIcant WIll now be reqUired to demohsh hIS new addition In order to comply With the prOVlSlons of the Code Other apphcants for constructIon are not reqUired to demohsh entire additions whIch have received full approvals to near the pomt of conclusion Section 6 Based upon the foregomg, the PlannIng CommiSSion hereby approves Variance 95-4, subject to the followmg conditions Page 2 D\ \V~. acel... . Planmng Commls.!.Ion ResolutiOn No 95-20 September 6. J 995 . . 1 Vanance 95-4 IS approved to provide the after-the-fact approval to vary from the required rear yard setback requirements m conjunction with an approved, mspected addition at 715 Electnc Avenue, Seal Beach The additIOn was constructed Wlthm one (I') foot of the rear property hne. rather than the required three (3') feet This situation was not detected until construction was complete 2 All Wlndows located Wlthm three (3') feet of the rear property hne shall be altered or removed to comply With current UBC reqUirements 3 This Vanance shall not become effective for any purpose unless an "Acceptance of Conditions" fonn has been signed by the apphcant m the presence of'the DIrector of' Development SelVlce~ or notanzed and returned to the Plannmg Department, and untll the ten (10) day appeal penod has elapsed 4 Pnor to issuance of a Certificate of OccupancylFmal Approval from the City. the apphcant shall receive final approval from the Orange County Fire Authonty PASSED, APPROVED AND ADOPTED by the Plannmg CommiSSion of the City of Sea! Beach at a meetmg thereof held on the 6th day of September, 1995 by the followmg vote Brown, Campbell, Dahlman, Law, Sharp AYES Commissioners NOES ComrmsslOners ABSENT CommiSSIOners . '-At:CA;p~il.}l~ ~~~ef2R- Patncla E Campbell, Chw.rpe on Planmng Commission ee W1ilttenl:ierg, Secretary Planmng Commission ... ... ... ... Page 3 D\ \VAR\R.,.... BCC~