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Home My WebLink AboutPC Res 95-17 - 1995-06-21 ... .. RESOLUTION NUMBER 95-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 95-3. 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 B-21 SURFSIDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon 1 On May 17. 1995. Leon G Carey, Jr ("The Applicant") filed an application for Vanance 95-3 WIth the Department of Development Sel'V1ces The apphcant IS requestIng to remodel and add a new second floor above an exIstang sangle famdy dwelhng located at B-21 Surf side The subject property IS consIdered nonconfonmng due to anadequate side and front setbacks In conjunction with the proposed addItIon/remodel. the apphcant IS proposang the addItIon of a two-car garage SectIon 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ D A of the CIty'S Local CEQA GUldehnes, staffhas deternuned as follows The apphcatlon for Vanance No 95-3 IS categoncally exempt from review pursuant to the Caltforrua EnVIronmental QualIty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Exlstang Uses), because the apphcatIon IS for an exIstang use which IS not expandang an excess of 500./0 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 certaanty that there IS no possibility that the approval may have a slgmficant effect on the environment SectIOn 3 A duly noticed pubhc heanng was held before the Planmng Commission on June 21. 1995 to conSIder the appltcatlOn for Vanance No 95-3 At the pubhc heanng the apphcant spoke an favor of the request WIth no one speakmg an OppOSItIon SectIon 4 The record of the heanng on June 21, 1995 mdlcates the folloWIng (a) On May 17, 1995, Leon G Carey, Jr filed an applIcatIon for Vanance 95-3 WIth the Department of Development Sel'V1ces (b) SpeCIfically, the apphcant IS requestang to remodel and add a new second floor above an eXlstang sangle famdy dwelling located at B-21 Surf Side The subject property IS conSIdered nonconfornung due to anadequate side and front setbacks In conjunctIon WIth the proposed addition/remodel. the apphcant IS proposang the additIon of a two-car garage (c) The subject dwelhng prOVIdes a two (2') setback on the easterly sIde, a two and a half (2 5') foot setback on the westerly side and a two (2') foot front yard setback The Mumcipal Code requIres three (3') foot Side yard setbacks and a front setback of two and a half (2 5') feet (d) The subject dwelltng IS a two-story beach bungalow whIch appears to be approXImately 50-60 years old (the City has no bud dang records for the property) All proposed addItions will meet current setback reqUIrements (e) The subject property is descnbed as Orange County Assessor's Parcel # 178-491-15 (f) The subject property IS rectangular an shape and contaans approXImately 1.560 square feet of lot area (26' x 60') (g) The apphcants are proposang to a CRAS to an exlstang roof deck above the second floor However, as there is a three-story height Itrmt in Surf side, the proposed structure does not exceed the height bmlt 1=\ \VAR\RQ503 ace.... - , Plannmg Commrsslon ResolutIOn No 95-17 June 21. 1995 (h) The subject property IS surrounded on the south, east and west by sIngle fanuIy residences In the ReSidential Low Density zone (RLD) of Surfside and to the north by Pacdic Coast Highway (I) The City has received one wntten response In favor of the proposed vanance In response to the notices of the heanng on Vanance No 95-3 Section 5 Based upon the facts contained In the record, mcIudmg those stated In ~ 4 oftlus resolution, and pursuant to ~~ 28-501 and 28-2500 through 28-2502 of the City's Code, the Planning Conumsslon hereby finds as follows (a) Vanance 95-3 IS consistent With the provisions of the Land Use Element of the CIty's General Plan, wluch prOVIdes a ""low density reSidential" deSIgnatIon for the subject property and penmts sIngle reSIdential uses The use is also consistent With the remaInmg elements of the CIty's General Plan as the pohcles of those elements are consistent With, and reflected In, the Land Use Element Accordmgly, the proposed use IS consistent With the General Plan (b) The age of the eXisting structure and It'S locatton on the subject property prevent the apphcant from relocatmg the nonconfonmng walls Relocatlon of the nonconforming walls to meet setback requirements would require complete demohtlon of the eXlstmg sound structure All proposed addItIons, however, would meet current setback requlJ"ements Therefore, there are special property related circumstances which, through the stnct apphcatlon of tlus Chapter, deprive the subject property of priVIleges enjoyed by other property In the same VIcinity and zone (c) The grantIng oftlus vanance would not be the grantIng ofa speCial pnvtlege inconsistent With other hnutatlons on other properties In the same Vlcimty and zone SpeCifically, due to ItS age and condition the exIstmg dwelhng IS an IncreasIngly rare asset to the City The preservation of such structures IS Important to the ongolOg history and character of the City AddItionally, the City has granted several vanances for sundar requests over the years, most recently bemg Vanance 94-2 at 1603 Seal Way In 1994 where the garage extended two and a half (25') feet mto the rear yard setback and Vanance 91-3 at 241 5th Street where the eXistIng reSidence extended one (I') foot IOtO the reqUired sldeyard setback (d) Through this request the property w1l1 be brought closer mto confonmty With the MUlUclpal Code through the additIon of a required two-car garage SectIon 6 Based upon the foregOIng, the Planmng ComnuSSlon hereby approves Vanance 95-3, subject to the follOWing condItIons I Variance 95-3 is approved for the construction ofa two-car garage and new second story and roof deck to an eXIsting smgle famdy dwelhng at B-21 Sunslde, Seal Beach 2 All constructIon shall be an substantIal comphance With the plans approved through Variance 95-3 3 The apphcants shall bnng the existIng dwelhng to current Code requirements, including electncal, plumbIng, mecharucal and fire, as reqUired by the buddmg department 4 The proposed addition and the existing dwelhng shall be eqUipped With fire spnnklers acceptable to the Director of Development Services 5 This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" fonn has been Signed by the apphcant In the presence of the Director of Page 2 1=\ \V~ acc~ ~ . Plannmg Comlnlsswn Resolutwn No 95-13 June 21, 1995 Development Servlce~, or notanzed and retumeo to the ....lannmg Uepartment, ana until the ten (10) day appeal penod has eJap"led PASSED, APPROVED AND ADOPTED by the Plannmg Comml....lon of the City of Seal Beach at a meetmg thereof held on the 2 I..t day of June, 1995 by the followmg vote Brown, Campbell, Ddhlman, Law, Shcrrp A YES Comml~sloners NOES CommIssioners ABSENT CommIssIoner.. ~A'L tA~.r~~ ~e WhIttenberg, Secretary ,/ Planmng CommIssion ~~ - - -~ -- Anton Dahlman, Chauman Planmng CommISSIon Page 3 :::\ \\.III,J"'J\J<l"'IIS'lo GCCk