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HomeMy WebLinkAboutPC Res 97-41 - 1997-11-05 " ~ RESOLUTION NUMBER 97-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE NO 97-4, A REQUEST TO CONSTRUCT A TWO-CAR GARAGE AT THE REAR PROPERTY LINE AT AN EXISTING SINGLE-F AMIL Y DWELLING LOCATED AT B-46 SURFSIDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB SectIOn 1 On October I, 1997 Ed Reynolds (the "Applicant") submitted an application for Variance 97-4 WIth the Department of Development SeTVIces Specifically, the applicant IS requestmg to construct a two-car garage at the rear property line at an eXlstmg smgle-faffilly dwelling located at B-46 Surf SIde SectIon 28-501 of the Code of the CIty of Seal Beach requires a mmlmum rear yard setback of 3 feet for the first floor of a structure Section 2 Pursuant to 14 Calif Code of Regs A 15025(a) and A II A of the City's Local CEQA GUIdelines, staff has determmed as follows The application for Variance No 97-4 IS categoncally exempt from review pursuant to the Callforma EnVironmental Quahty Act pursuant to 14 Calif Code of Regs ~ I 5303(e) (New Construction of Small Structures), because the applicatIon IS for the constructIOn of a new garage, ~ 15305 (Mmor Alterations m Land Use LImitations) because the request IS for a mmor alteration m land use limitatIons m an area WIth an average slope ofless than 20% and no changes m land use or denSity are mvolved, and, pursuant to ~ l5061(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 Planmng CommissIOn on November 5, 1997 to conSider the applicatIOn for Vanance No 97-4 At the heanng the applicant people spoke m favor of the request WIth no one speakmg m oppOSItion Section 4 The record of the heanng on November 5, 1997mdlcates the follOWIng (a) On October I, 1997 Ed Reynolds submitted an application for Variance 97-4 With the Department of Development Services (b) Specifically, the applicant is requestmg to construct a two-car garage at the rear property line at an exlstmg smgle-famlly dwelling located at B-46 Surf SIde Section 28-501 of the Code of the City of Seal Beach reqUIres a ffilmmum rear yard setback of3 feet for the first floor of a structure (c) The subject property IS located m Surf Side Colony, a pnvate, gated commumty ofsmgle-famlly dwellings located on the southerly Side of Pacific Coast HIghway at the south end of Seal Beach (d) The subject property IS Irregular m shape, though nearly rectangular, WIth an area of approximately 1,834 square feet (e) The surroundmg land uses and zomng are as follows NORTH Across the former Southern-PacIfic nght-of-way and PaCIfic Coast Highway, approxImately 125 feet away, IS a mixture of commercIal uses located m the City ofHuntmgton Beach SOUTH, EAST & WEST Smgle-famdy reSIdential uses m the ReSidential Low DenSIty (RLD) zone of Surf Side (f) In response to the mailed and pubhshed notice of thiS hearmg staff D \My DocumentsWanancesl97-4 Resolution doc Planmng COnlmls.lan Resolutlan No 97-41 November 5, 1997 has receIVed no responses regardmg the proposed vanance Section 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 oftlus resolution and pursuant to ~~ 28-2500 through 28-2502 of the CIty's Code, the Planmng Comffilsslon hereby finds as follows (a) Vanance 97-4 IS consistent with the proVIsIons of the Land Use Element of the City's General Plan, which provides a "low denSIty resIdential" deSignation for the subject property and penmts smgle fanuly residential uses The use IS also consistent WIth the remalmng elements of the City's General Plan, as the policies 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 subject property IS similarly sItuated to the majonty of (If not all) properties along thiS section of"B" row (Lots B-1 to B-70) Therefore, there are no special property related circumstances that, through the stnct applicatIon of this Chapter, depnve the subject property of pnvileges enjoyed by other property m the same vlclmty and zone (c) The subject property IS SImilarly sItuated to the majonty of (If not all) properties along thiS section of"B" row (Lots B-l to B-70) Therefore, the grantmg of tlus vanance would be the grantmg of a special pnVllege mconslstent WIth other limitations on other propertIes ID the same vlclmty and zone Section 6 Vanance No 97-4 Based upon the foregomg, the Plannmg CommIssIon hereby demes PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the City of Seal Beach at a meetmg thereof held on the 5th day of November 1997 by the followmg vote AYES COffiffilsslOners Brown, Hood, Larson, Law, Yost NOES COffiffilssloners - ABSTAIN Commissioners - B an M Brown, M D , ChaIrman Planmng CommissIon 97-4 Resolution BCC be Page 2