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Home My WebLink AboutPC Res 97-06 - 1997-04-09 ~.. , .. RESOLUTION NUMBER 97-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE NO 97-1, A REQUEST TO CONSTRUCT A s-FOOT ROOF OVERHANG WITHIN THE REQUIRED REAR YARD SETBACK AT 206 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On February 27, 1997 Brent Sears, Architect submitted an application on behalf of Randy and Mary Johnson (the "Applicants") for Vanance 97-1 With the Department of Development Services Specifically, the applicants are requestmg to construct a 5-foot roof overhang with10 the required rear yard setback at 206 Ocean Avenue, Seal Beach Currently the MuniCipal Code permIts decks and balconies (including roof decks) to overhang IO-feet II1tO the rear yard setback m the Gold Coast area of Ocean Avenue, while eaves are permitted only a 2-foot mtmslOn SectIon 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA Guidehnes, staff has detelmined as follows The apphcatlon for Variance No 97-1 IS categoncally exempt from review pursuant to the CahfOIllIa Environmental Quality Act pursuant to 14 Cahf Code of Regs ~ 1 5303(a) (New Con~tmctlon of Small Structures), because the application IS for the construction of three (3) or less sll1gle farmly dwelhngs in an urbanized area, ~ 15305 (Minor Alterations m Land Use Limitations) because the request is for a mmor alteration in land use hmitations in an area with an average slope of less than 20% and no changes in land use or denSity are involved, and, pursuant to ~ I 506 I (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 Section 3 A duly noticed public heaTing was held before the Planmng Commission on ApTlI9, 1997 to consider the application for Variance No 97-1 At the hearing the applicants and 8 people spoke in favor of the request With one pel son speaking m oppo~ltJon SectJon 4 The record of the hearing on ApI II 9, 1997 md,cates the follOWing (a) On Febmary 27, 1997 Brent Sears, Architect submItted an application on behalf of Randy and Mary Johnson (the "Apphcants") for Variance 97-1 With the Department of Development Services (b) Specifically, the applicants are requestmg to constmct a s-foot roof overhang wlth10 the required rear yard setback at 206 Ocean A venue, Seal Beach Currently the Municipal Code permits decks and balcomes (1Ocluding roof dec"~) to overhang IO-feet Into the rear yard setback m the Gold Coast area of Ocean A venue, while eaves arc permitted only a 2- foot mtrusion (c) The subJect property IS located on Ocean Avenue approximately 85 feet from the center of the intersection of 2nd Street and Ocean Avenue (d) The subJect property IS rectangular m shape (35 03' x 19597') With an area of approximately 6,865 square feet (e) The applicants are 10 the process of constntct1Og a new single family dwelIing on the property, (f) The SUI roundmg land uses and zOlllng al e as follows NORTH A mixture of single-family and multi-family reSidences located m the Residential High Density (RHD) zone SOUTH EAST The Pacific Ocean in the Pubhc Land Use/Recreation (PLU/R) zone E \My Oocuments\Vanances\97 -1 - Resolution doc I'" ,_...... PlalllllllR ('01111111.\.\1011 Re\OlutlOlI No 97-6 Ap/'l/9, 1997 & WEST Single-family residential uses m the Resldcntlal Low Density (RLD) zone (g) In response to the Dlatled and pubhshed notice of this hearing staff received three (3) written responses regardmg the proposed vanance Section 5 Based upon the facts contained 10 the record, mclud10g those stated m ~ 4 of this resolution and pursuant to ** 28-2500 through 28-2502 of the City's Code, the Planning Commission hereby finds as follows (a) Variance 97-1 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 single and multiple family residential uses The use IS also consIstent with the remaining elements of the City's General Plan, as the poliCies of those elements are consistent with, and reflected in, the Land Use Element Accordingly, the proposed use is consistent with the General Plan (b) The subject property IS similarly situated to the majority of (If not all) properties along the Gold Coast area Therefore, there are no special property related circumstances that, through the stnct application of this Chapter, deprive the subject property of privileges enjoyed by other property in the same vicimty and zone (c) The subject property is Similarly situated to the maJonty of (If not all) properties along the Gold Coast area TherefOl e, the grantmg of thj; variance would be the granting of a special priVIlege 1Oconsistent With other limitations on other properties in the same vicinity and zone Section 6 Variance No 97-1 Based upon the forcgomg, the Planmng Commission hereby demes PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meetmg thereof held on the 9th day of Apnl 1997 by the followlllg vote AYES Commissioners Brown, Hood, Law, Sharp, Yost NOES Commissioners ABSTAIN CommiSSioners /AJ~e Whit enberg, Secretary t/ Planmng Commission Bna Brown, M 0 , Chairm Planmng CommiSSion 97-1 - Resolution Bee be Page 2