HomeMy WebLinkAboutPC Res 98-25 - 1998-07-22
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RESOLUTION NUMBER 98 - 25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
DENYING VARIANCE NO. 98-4, REQUESTING
PERMISSION TO REBUILD, AND CONSTRUCT
A MAJOR ADDITION TO, A
NONCONFORMING SINGLE FAMILY
DWELLING AT 118 12TH STREET, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOL VE:
Section 1 On June 17, 1998 Mary and Nicholas La Forte (the
"Applicants") submitted an application for Variance 98-4 The applicants are requesting
approval of a variance to allow a demolished nonconforming single family dwelling
located at 118 12th Street, Seal Beach, to be reconstructed in a new structure with the
previously existing non-conforming setbacks on the first floor The property was
nonconforming due to inadequate side and rear setback of the previously existing
detached garage and inadequate side yard setback on the northerly side of the previously
existing dwelling. The proposal includes the addition of 136 square feet to the first floor
and a new 1,098 square foot second floor, as previously approved by CUP 98-7
Section 2. Pursuant to 14 Calif Code of Regs ~ 1502S(a) and ~ II B
of the City's Local CEQA Guidelines, staff has determined as follows the application for
Variance 98-4 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif Code of Regs. ~ 15302 (Replacement or
Reconstruction), because it involves allowing a previously existing nonconforming single
family dwelling located at 118 12th Street, Seal Beach, to be replaced by a new structure
with the previously existing non-conforming setbacks, and, pursuant to 0 IS061(b)(3),
because it can be seen with certainty that there is no possibility that the approval may
have a significant effect on the environment
Section 3 A duly noticed public hearing was held before the Planning
Commission on July 22, 1998 to consider the application for Variance 98-4 At the
public hearing the applicant and one individual spoke in favor of the request with one
person speaking in opposition.
Section 4
The record of the hearing on July 22, 1998 indicates the
following:
(a) On June 17, 1998, Mary and Nicholas La Forte (the
"Applicants") filed an application with the Department of Development Services for
Variance 98-4.
(b) The applicants are requesting approval of a variance to
allow a demolished nonconforming single family dwelling located at 118 12th Street, Seal
Beach, to be reconstructed in a new structure with the previously existing non-
conforming setbacks on the first floor. The property was nonconforming due to
inadequate side and rear setback of the previously existing detached garage and
inadequate side yard setback on the northerly side of the previously existing dwelling
The proposal includes the addition of 136 square feet to the first floor and a new 1,098
square foot second floor, as previously approved by CUP 98-7
(c) The Planning Commission previously approved
Conditional Use Permit 98-7 on May 6, 1998 CUP 98-7 permitted certain additions to
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Vanance 98-4
Planmng Cammlss.on R..olut.OII 98 - 25
July 22. 1998
the non-conforming structure described above. Further evaluation of the existing
structure indicated it was not possible to add to the existing structure and it has been
demolished. The variance request is to allow a new structure to be built as approved
under Conditional Use Permit 98-7
(d) The subject property, Orange County Assessor's parcel
number 199-076-45, is located in the Residential High DenSity zone (RHO), on a 25' x
117 5' lot (2,940 sq ft) The property previously contained a single-family dwelling and
detached garage with nonconforming setbacks
(e) The subject property previously contained an older single
story dwelling and detached garage Those previous structures pre-dated City building
permit records.
(1) The subject property is surrounded by a mixture of smgle
family and multi family residential uses in the Residential High Density zone (RHO)
(g) City has received two written comments in opposition to
Variance 98-4
Section 5. Based upon the facts contained in the record, includmg
those stated in 0 4 of this resolution, and pursuant to ~O 28-800, 28-2407, and 28-2500-
28-2502 of the City's Code, the Planning Commission hereby finds as follows.
(a) There are no special property-related circumstances in this
case The special circumstance in this case was a misunderstanding or
miscommunication.
(b) The granting of the proposed variance would constitute a
grant of special privilege inconsistent with other limitations upon other properties in the
same vicinity and zone The Code requires that new construction on the property comply
with all current code requirements
Section 6. Based upon the foregoing, the Planning Commission
hereby denies Variance 98-4.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 22nd day of July 1998 by the
following vote'
AYES. Commissioners
.1::b-od,-La. l"\.'-Cn
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B~~ C\. t", , 1 ; ,
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NOES' Commissioners
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ABSENT' Commissioners
Bn . Brown, MD.,
Plan ing Commission
e Whittenberg, Secretary
Planning Commission
VUlancc 98-4 PCRdoe
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