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Home My WebLink AboutPC Res 98-07 - 1998-03-18 ~ i . I RESOLUTION NUMBER 98-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING VARIANCE NO. 98-2, PERMITTING AN INTRUSION INTO THE 15% REQUIRED SIDE YARD SETBACK IN CONJUNCTION WITH A MAJOR ADDITION TO AN EXISTING NON- CONFORMING SINGLE-FAMILY DWELLING LOCATED AT 250 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 31,1997, Brent A. Sears, Architect filed an application on behalf of James and Judy Watson (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-2, Yariance 98-2 and Height Yariation 98- 1. Specifically, the applicant requested to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence located at 250 Ocean Avenue Seal Beach. Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition. The proposed project includes the addition ofa new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the first floor. Additionally, through Height Variation 98-1, the applicant is seeking to construct a covered roof access structure (CRAS) in excess of the 25 foot height limit Specifically, the proposed structure would exceed the height limit by approximately 4.5 feet. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows. The application for Yariance No 98-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. 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 public services and facilities are available and the project area is not in an environmentally sensitive area, and pursuant to ~ 15061(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 March 4, 1998 to consider the application for Variance No 98-2. At the hearing the applicant people spoke in favor of the request with no one speaking in opposition Section 4. The record of the hearing on March 4, 1998 indicates the following (a) On December 31,1997, Brent A. Sears, Architect filed an application on behalfofJames and Judy Watson (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-2, Yariance 98-2 and Height Yariation 98- 1 (b) The applicants are requesting to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence located at 250 Ocean Avenue Seal Beach Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition The proposed project includes the addition of a new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the first floor. Additionally, the applicant is seeking to construct a covered roof access structure (CRAS) in o 'My DocumenlslVanances196-2 R....ubon doc .-. Plannmg Commlsolon ResolutIon No 98-7 MIlI'Ch 18, 1998 " . , excess of the 25 foot height limit. Specifically, the proposed structure would exceed the height limit by approximately 4.5 feet. (c) The subject property, Orange County Assessor's parcel number 199-112-6, is located along the Gold Coast area on the southerly side of Ocean Avenue The property is nearly rectangular in shape with the following dimensions: 49.97' x 196' (9,800 square feet) (d) The subject property has approximately 50 feet of frontage on Ocean Avenue. (e) The subject property is legally nonconforming due to inadequate side yard setback on both the easterly and westerly sides of the property Specifically, the Code requires a 15% setback (7.5') along a side street and a 10"10 setback (5') on an interior side The property provides a 2'-6" setback along the 3n1 Street stub and a 3' to 4' setback on the interior side (f) The easterly side the subject property abuts a portion oOnl Street (25 feet in width) which is closed and used only for pedestrian and emergency vehicle access to and from the beach. (g) The surrounding land use and zoning are as follows South Across Ocean Avenue is a mixture of single family and multi- family residential uses in the Residential High Density zone The beach and Pacific Oeean in the Public Land Use I Recreation zone. Single family residences in the Residential Low Density zone North East & West (h) City has received no comments, written or other, in response to the mailed/published notices of the hearing on CUP 98-2Nariance 98-2 and HV 98-1. Section 5. Based upon the facts contained in the record, including those stated in ~ 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 98-2 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 permits single family residential uses and additions to same 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) Because of special circumstances applicable to the property, including size, location and surroundings, the strict application of this ehapter deprives such property of privileges enjoyed by other property in the same vicinity and zone The proposed variance will permit an encroachment into the required side yard abutting the 3n1 Street stub The portion of 3 nI Street abutting the subject property is closed to regular vehicular traffic Hence, the more stringent side yard setback requirements for properties abutting a street are unnecessary in this case and create a special hardship on the property owner. The proposed improvements will comply with the side yard setback requirements for properties not abutting a street Due to the special circumstances related to the portion of3n1 Street abutting the subject property, the latter setback requirement provides a more appropriate standard in this case (c) The granting of the proposed variance will not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. The variance involves an addition to an existing residential structure Further, the special circumstances related to 3n1 Street, as defined in Finding No.2 above, make the subject property unlike other properties in the same vicinity and zone whose side yards abut a street open to regular vehieular traffic. The improvl:!1lents permitted by the proposed variance will enhance the existing residential structure and will not adversely affect the surrounding properties. 96-2 Resolubon BCC be Page 2 . - Plannmg CommISSIon ResolutIOn No 98-7 March 18,1998 '. . , Section 6. Based upon the foregoing, the Planning Commission hereby conditionally approves Yariance No 98-2 subject to the following conditions 1 Varianee 98-2 is approved for an addition to an existing single family dwelling at 250 Ocean Avenue, Seal Beach. Specifically, Yarianee 98-2 permits the proposed construction to provide a minimum 10% side yard setback (5 feet) along the 3n1 Street stub. 2, All new construction on the subject property shall provide a minimum side yard setback of 10% (5 feet) 3 All construction shall be in substantial compliance with the plans approved through Variance 98-2. 4. The applicant shall remain bound by all conditions of approval of CUP 98-2 and Height Yariation 98-1. 5. This Yariance 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 Serviees, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach at a meeting thereof held on the 18th day of March 1998 by the following vote AYES: Commissioners BRo~n. Ll CSt..) LAu.l.. LAR.SC>r\) ~ . NOES' Commissioners ABSTAIN. Commissioners ~. Brian M Brown, M D., Chairman Planning Commission ee Whittenberg, Secretary 7 Planning Commission 98-2 Reso/utlOl1 BCC be Page 3