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HomeMy WebLinkAboutPC Res 96-06 - 1996-04-03 . RESOLUTION NUMBER 96-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 96-1, A REQUEST TO VARY FROM REAR YARD SETBACK AT 700 SOUTH SHORE DRIVE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On January 31, 1996, Ted S and Celeste N Bowers filed an apphcatlon for Vanance 96-1 With the Department of Development Services The apphcants are seelang to vary from the reqUIred rear yard setback reqUIrements m conJunction WIth a proposed addition to a smgle-faffilly dwelhng located at 700 South Shore Dnve, Seal Beach The proposed addition would prOVIde a SIX (6') foot rear yard setback rather than the required ten (10') foot setback SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUldehnes, staff has determmed as follows The apphcatlon for Vanance 96-1 IS categorically exempt from reVIew pursuant to the Callforma EnVIronmental QUality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existmg Faclhtles), because It mvolves an addition ofless than 50% of the eXlstmg floor area and less than 2,500 square feet, and, pursuant to ~ 15061(b)(3), because It can be seen With certamty that there IS no POSSlblhty 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 March 20, 1996 to conSider the apphcatlon for Vanance 96-1 At the pubhc heanng the apphcants and their agent spoke m favor of the request With no one speakmg m opposItion Section 4 The record of the heanng on March 20, 1996 mdlcates the follOWIng (a) On January 31, 1996, Ted S and Celeste N Bowers filed an apphcatlon for Vanance 96-1 With the Department of Development SeTVIces (b) SpeCifically, the apphcants are seekmg to vary from the required rear yard setback reqUIrements m conJunction With a proposed addition to a smgle-famtly dwelhng located at 700 South Shore Dnve, Seal Beach The proposed addition would prOVide a SIX (6') foot rear yard setback rather than the required ten (10') foot setback (c) The subJect property currently contams a conformmg one-story smgle famtly reSIdence The subJect structure IS a standard atnum model home for the Manna Htll (d) The subJect property IS legally descnbed as Lot 35 of Tract 2590 The property IS also descnbed as Orange County Assessor's Parcel # 199-162-2 and IS commonly referred to as 700 South Shore Dnve (e) The subject property IS rectangular m shape and contams approXImately 5,400 square feet of lot area (54' x 100') (f) The subJect property IS surrounded on all Sides by smgle family reSIdential uses m the ReSidentIal Low DenSity zone (RLD) (g) the proposed vanance The City has received no responses, wntten or other, m response to D \. \.VAAlANCD\.9&1 Rrsou.moN Be Be Planmng CommISsIOn ResolutIOn No 96-6 April 3, 1996 Section 5 Based upon the facts contamed m the record, mc1udmg those stated m ~ 4 oftlus resolution, and pursuant to ~~ 28-401, 28-2500 through 28-2502 of the City's Code. the Planmng CommissIOn hereby finds as follows (a) There are no specIal property related circumstances which, through the stnct application of tins Chapter, depnve the subJect property of pnvlleges enJoyed by other property m the same Vlclmty and zone Specifically, the subJect property IS relatively flat and rectangular m shape consistent with all other propertIes located m the Manna Htll development The subJect property IS zoned and developed consistently WIth all other residential properties on the Manna Htll and therefore enJoys the same nghts and pnVlleges of all other similarly situated propertIes (b) Based on the findmgs m (a) above, the grantmg of tins vanance would be the granting of a special pnVllege mconslstent WIth other limitatIOns on other propertIes m the same VlClDlty and zone Specifically, the subJect property already enJoys all nghts and pnVlleges of other similarly situated propertIes m the same vlclmty and zone (c) The fact the property to the rear received a vanance to bUIld wlthm the rear yard setback some 30 years ago does not constitute a speCial circumstance The ComnussiOn has considered thiS request mdependantly and, as discussed m (a) and (b) above, cannot make findmgs to support the requested vanance Because of the earlier vanance, the requested vanance would actually compound a situation winch has resulted m an madequate rear separatIon Section 6 Vanance 96-1 Based upon the foregomg, the Planmng CommissIon hereby demes PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach at a meetmg thereof held on the 3rd day of Apnl, 1996 by the followmg vote AYES ComnusslOners Brown, Campbell, Law NOES ComnusslOners Dahlman ABSENT CommissIOners Sharp - "fJaJJ;mQ) 1. t()~ Patncla E Campbell, Chatrman Planmng Commission e Whittenberg, Secretary lanmng CommissIon Page 2 D \ 'VARlANCES'96-' RE&oumoN BC Be