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HomeMy WebLinkAboutPC Res 96-42 - 1996-12-18 "'11II -- . , RESOLUTION NUMBER 96-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 96-2, PERMITTING THE ADDITION OF APPROXIMATELY 715 SQUARE FEET TO A NONCONFORMING RESIDENCE LOCATED AT 1619 SEAL WAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On November 13, 1996 Sonya Branson submttted an appltcatlOn for Vanance 96-2 WIth the Department of Development Servtces Through thIs appltcatlon the apphcant IS requesting approval to add approxImately 715 square feet to a nonconforming resIdence located at 1619 Seal Way, Seal Beach The subject property IS nonconforming due to a lack of anyon-sIte parking The proposed additIOn will Include 240 square feet to the first floor and 475 square feet to the second floor, as well as removal of an eXIsting extenor staircase to the second floor SectIon 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUldeltnes, staff has determined as follows The appltcatlOn for Vanance No 96-2 IS categoncally exempt from review pursuant to the Cahforma EnVIronmental Quahty Act pursuant to 14 Cahf Code of Regs ~ 15301 (EXIsting Uses), because It Involves an addItIOn to an eXisting use which does not exceed 10,000 square feet In an area where all pubhc services and facilities are available and the project area IS not In an envlromnentally sensItive area, and pursuant to ~ 15061 (b)(3), because It can be seen With certainty that there IS no POSSlblhty that the approval may have a slgmficant effect on the enVIronment Sectton 3 A duly noticed public heanng was held before the Planmng Commission on December 18, 1996 to conSider the apphcatlOn for Vanance No 96-2 One letter was submItted In favor of the project At the pubhc heanng the apphcant spoke In favor of the request and no one spoke In oppOSitIOn Section 4 The record of the heanng on December 18, 1996mdlcates the follOWing (a) On November 13, 1996 Sonya Branson submItted an applicatIOn for Vanance 96-2 With the Department of Development Servtces (b) SpeCifically, the apphcant IS requesting approval to add approximately 715 square feet to a nonconforming residence located at 1619 Seal Way, Seal Beach The subject property IS nonconforming due to a lack of anyon-site parking The proposed additIOn WIll Include 240 square feet to the first floor and 475 square feet to the second floor, as well as removal of an existing extenor staircase to the second floor (c) The subject property IS located on Seal Way approximately 26173 feet from the center of the intersectIOn of Neptune Avenue and Seal Way (d) The subject property IS Irregular In shape With the front of the property measunng 30 feet In Width and the rear of the property measunng 7 feet The property has an area of approximately 1850 square feet (e) The subject property contains a two-story Single family dwelhng WIth no garage/carport The property has an extenor staircase to the second floor, which m the past (With a preVIous owner) enabled the dwelhng to be illegally converted to a duplex Staff successfully had the structure converted back to a Single-family dwelhng In the early 1990's (f) The surrounding land uses and zOning are as follows NORTH, WEST & EAST A mIxture of single family and multi-family reSidential uses In the ReSidential High DenSity (RHO) zone C \My DocumentsIVanances196-2 - Resolution doc , Planmng Comml>slOn ResolutIOn No 96-42 December J 8, 1996 SOUTH The Pacific Ocean m the Pubhc Land Use/Recreatlon (pLU/R) zone (g) In response to the matled and pubhshed notice of this heanng staff has received one phone call and one wntten correspondence The phone call, from Ralph Hanson, owner of the adjacent property at 1621 Seal Way, mdlcated he had no concerns With the proposed addition and that he was pleased With the proposed removal of the extenor stmrcase Mr Hanson was concerned that an eXisting planter on the easterly Side of the property might be mtrudmg onto hiS property He asked that thiS approval reqUire that thiS be venfied and corrected, If necessary The wntten correspondence, from James L Arnold of 1609 and Peter J Arnold of] 613 Seal Way, expressed support for thts request Section 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 of thiS resolution, and pursuant to ~~ 28-2500 through 28-2502 of the City'S Code, the Planmng CommIssion hereby finds as follows (a) Variance 96-2 IS consistent WIth the proVISions of the Land Use Element of the City'S General Plan, which prOVIdes a "high denSity reSidential" deSignatIOn for the subject property and permits smgle and multiple famtly reSidential uses The use IS also consistent With the remmmng elements of the CIty'S General Plan as the pohcles of those elements are consistent WIth, and reflected m, the Land Use Element Accordmgly, the proposed use IS consistent WIth the General Plan (b) The subject property IS only 7 feet WIde at the rear of the property, conSiderably narrower than the maJonty oflots which are a mmimum of25 feet In Width Due to the narrow lot WIdth, combined With the narrow 12 foot alley WIdth, the City Attorney and Planmng staff don't beheve It'S practical to park on the subject property Without crossmg onto adjacent propertIes The City Attorney has adVIsed staff and the property owner that the City will not Issue permits for a garage or carport on the property for hablhty reasons Additionally, With the proposed addition the subject property IS essentially bUilt out With a gross area of 1,720 square feet A bUilt out dwellmg on the adjacent 25' X 100' lots would have an area of approXimately 3,050 square feet plus a 380 square foot garage Therefore, even With the proposed addition, the structure would have a habitable area approximately 56% as large as adjacent regular shaped parcels Therefore, there are specIal property related circumstances whiCh, through the stnct apphcatlOn of thiS Chapter, depnve the subject property of pnVlleges enjoyed by other property m the same Vlclmty and zone (c) The grantmg of this variance would not be the grantmg ofa special pnVllege mconslstent WIth other hmltatlOns on other properties m the same Vlclmty and zone SpeCifically, due to the property's lot Width, the City WIll not permtt covered parkmg on the subject property Due to the unusual sIze and shape of the subject property, even WIth the proposed additIOn, the subject structure will be only 56% as large as structures on adjacent regular Sized and shaped lots (d) The requested addition Will allow adequate mtenor area and dimenSIOns to support a legal SIzed staircase This Will allow for the removal of the extenor staircase whtch over the years has slmphfied Illegal conversion of the dwelhng to a duplex Section 6 Based upon the foregomg, the Planmng CommiSSion hereby approves Vanance No 96-2, subject to the follOWIng conditions 1. Vanance # 96-2 IS approved an addition of approximately 715 square feet to a nonconformtng smgle family dwelhng located at 1619 Seal Way, Seal Beach 2. The apphcant shall record a covenant on the Title of the property mdlcatmg the property 96-2 - Resolution BCC be Page 2 , . Plannmg CommISSIOn Re.olutlOn No 96-42 December 18. 1996 consists of a single family dwelling WIth a first floor wet bar 3 In conjUnctIOn WIth subrmttal for a building permit the applicant shall furnish the CIty WIth a survey of the property In the event any eXIsting Improvements cross the property line they shall be removed In conjunctIOn with constructIOn or a signed, notanzed letter from the affected property owner allOWing such Improvements to remain must be provided 4 All construction shall be substanttal compltance WIth the plans approved through Vanance 96- 2 5 Thts Conditional Use Permit 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 Servtces, or notarized and returned to the Planmng Department, and until the ten (10) day appeal period has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommiSSIOn of the City of Seal Beach at a meeting thereof held on the 18th day of December, 1996 by the follOWIng vote AYES CommiSSIoners Brown, Hood, Law, Sharp, Yost NOES CommissIoners ABSTAIN CommiSSioners 96-2 - Resolution BCC be Page 3