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Home My WebLink AboutPC Res 98-03 - 1998-03-18 ~ r RESOLUTION NUMBER 98-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE NO. 98-1, A REQUEST TO VARY FROM THE MAXIMUM BUILDING HEIGHT IN CONJUNCTION WITH A MAJOR REMODEL TO A NONCONFORMING MIXED USE BUILDING LOCATED AT 116 MAIN STREET, SEAL BEACH 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 Bob and Jackie Wood (the "Applicants") with the Department of Development Services for Yariance 98-1 and Conditional Use Permit 98-1. The applicants are requesting to vary from the maximum height limit in conjunction with the remodel and exterior renovation of a mixed use (commercial/residential) building located at 116 Main Street, Seal Beach. Specifically, the applicant is proposing major exterior rehab, enclosure of the front stairs, new balconies at the 2nd, 3n1 and 4th floor levels, interior modification of the of the 4th floor unit, addition of a car lift and second level storage within an existing tandem garage, and the addition of a new 194 square foot green house at the 3n1 floor level adjacent at the rear of the property The existing 4th floor roofis approximately 2 feet lower in the middle of the structure than it is on the westerly end. The applicant is seeking to raise the lower portion to match the remainder of the roof Section 2 Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ I1B 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 serviees 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 publie hearing was held before the Planning Commission on March 4, 1998 to consider the application for Yariance No 98-1 At the hearing the applicant people spoke in favor of the request with one person 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 behalf of Bob and Jackie Wood (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-1. (b) The request is to vary from the maximum height limit in conjunction with the remodel and exterior renovation ofa mixed use (commerciaVresidential) building located at 116 Main Street, Seal Beach. Specifically, the ~plicant is proposing major exterior rehab, enclosure of the front stairs, new balconies at the 3 and 4th floor levels, interior modification of the of the 4th floor unit, addition ofa car lift and second level storage within an existing tandem garage, and the addition of a new 194 square foot green house at the 3n1 floor level adjacent at the rear of the property. (c) The existing 4th floor roofis approximately 2 feet lower in the middle of the structure than it is on the westerly end. The applieant is seeking to raise the lower portion to match the remainder of the roof (d) The subject property, Orange County Assessor's parcel numbers 199-044-23, is located in the Main Street Speeifie Plan zone. The property comprises three (3) o Wrt Docurnen1llIVa""""",,\98-1 ResoIubon doc '" Plannmg CammlsslOn Resoluhon No. 98-3 March 18, 1998 separate 25' x 117.5' properties (8,813 square feet overall). (e) The property contains two separate buildings as follows: t/ A four-story mixed use structure The first floor provides 2,270 square feet of retail and office uses The second and third floors each contain 2,291 square feet of residential uses eonsisting off our (4) studio apartments. The fourth floor contains a single apartment of 2,716 square feet. This structure also has a total of nine (9) garage spaces (1 space is tandem). tI' A one story commercial structure (approximately 750 square feet). This structure houses a cleaners business and provides a total of three (3) garage parking spaces (f) The subject property is legally nonconforming due to the residential uses which are not currently permitted in the Main Street Specifie Plan zone, height (40' - 2" existing, 30' permitted), inadequate on-site parking (27 required, 12 garage spaces provided (1 tandem)), and inadequate rear yard setback (7' - 3" provided, 9' required). (g) The surrounding land uses and zoning are as follows: North, South & West East A mixture of retail and office commercial uses located within the Main Street Specific Plan zone A mixture of single family and multi-family residential uses in the Residential High Density zone (h) City has received no comments, written or other, in response to the mailed/published notices of the hearing on CUP 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) The subject property is similarly situated to the majority of (if not all) properties within the Main Street Specific Plan area. Therefore, there are no special property related circumstances that, through the strict application of this Chapter, deprive the subject property of privileges enjoyed by other property in the same vicinity and zone Specifically, the subject property can attain, and in fact exceeds, the 30 foot height limit (b) The subject property is similarly situated to the majority of (if not all) properties within the Main Street Specific Plan area. Therefore, the granting of this variance would be the granting of a special privilege inconsistent with other limitations on other properties in the same vicinity and zone. Section 6. Yariance No. 98-1. Based upon the foregoing, the Planning Commission hereby denies PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of March 1998 by the following vote' AYES. Commissioners - ~D' '''I'''> ~("\sf- LA<L'\ La.r".~ ~rl. , ,/ ~ ,/ NOES' Commissioners ABSTAIN: Commissioners - 9&-1 ResoIutlCl/1 Bec be Page 2 '. ,Lee Whittenberg, Secretary Planning Commission 98-1 R....ubon Bec. be Page 3 Plannmg CommIssIon ResolutIon No 98-3 March 18, 1998 ~l:/b!ti: Planning Commission