HomeMy WebLinkAboutPC Res 99-40 - 1999-11-03
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RESOLUTION NUMBER 99-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING VARIANCE NO. 99-4, A
REQUEST TO ALLOW AN EXISTING GARAGE TO REMAIN
WITH A 3 FOOT SIDE YARD SETBACK IN CONJUNCTION
WITH NEW CONSTRUCTION OF A SINGLE FAMILY HOUSE IN
THE RESIDENTIAL ffiGH DENSITY ZONE AT 1001 ELECTRIC
AVE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section 1 On October 13, 1999 Doug West "The Applicant" submitted an
application for Variance 99-4 with the Department of Development Services Specifically, the
applicant is requesting a variance to allow an existing garage with a non-conforming side yard
setback to legally remain in a residential zone and therefor allow for the expansion of a legal,
nonconforming building.
Section 2 Pursuant to 14 Calif. Code of Regs ~ 15025(a) and ~ II A of the
City's Local CEQA Guidelines, staff has determined as follows The application for Variance No
99-4 is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15303(a) (New Construction of Small Structures), because
the application is for the construction of three (3) or less single family dwellings in an urbanized
area, ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor
alteration in land use limitations in an area with an average slope ofless than 20% and no changes
in land use or density are involved; 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 November 3, 1999 to consider the application for Variance No. 99-4 At the
hearing the applicant spoke in favor of the request.
Section 4.
The record of the hearing on November 3, 1999 indicates the
following:
(a) On October 13, 1999, Doug West ("The Applicant") submitted an
application for Variance 99-4 with the Department of Development Services Specifically, the
applicant is requesting a variance to allow an existing garage with a non-conforming side yard
setback to legally remain in a residential zone and therefor allow the expansion of a legal non-
conforming structure
(b) The subject property is located at 1001 Electric Ave.
(c) The subject property is shaped like a parallelogram with a lot area
of approximately 2750 square feet
(d) The surrounding land uses and zoning are as follows
NORTH Residential Housing located in a Residential High Density Zone (RHD) and
the Zoeter Field located in a Public Land Use I Recreation Zone (PLUIR)
WEST Residential Housing located in the Residential High Density (RHD) zone
and commercial businesses located along Main St. in the Main St Specific Plan (MSSP)
EAST & SOUTH Residential Housing in a Residential High Density (RHD) zone &
residential housing in a Residential Medium Density (RMD) zone.
(e) In response to the mailed and published notice of this hearing staff
has received no complaints, written or other, to this request.
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Planm.omm,ss,on Resolution No. 99-40
November 3, 1999
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 99-4 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 unique physically in that it is only 25 feet
wide on a corner lot, which has greater side yard setbacks than a standard interior 25 foot wide
lot. This physical characteristic makes it impossible to meet the current building and zoning code
standards for garage structures.
(c) The granting of this variance will not constitute a special privilege
given to one resident that would not be afforded to another by virtue of the fact that the lot is not
wide enough to meet the code requirements for setbacks of garage structures and also to comply
with the development standards for the interior width of a garage.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Variance No. 99-4, subject to the following conditions.
I. Variance 99-4 is approved to allow a legal non-conforming garage to remain in conjunction
with the major expansion and construction of a new single family residence at 1001 Electric
Avenue.
2 All construction shall be in substantial compliance with the plans approved through Variance
99-4.
3 This Variance 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 Services, 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 of the City of Seal Beach
at a meeting thereof held on the 3n1 day of November, 1999 by the following vote
AYES. Commissioners
Brown. Cutuli. Hood. Larson. and Lyon
NOES' Commissioners
None
ABSTAIN: Commissioners
None
OL- -./>/~
David Hood, PhD , Chai an
Planning Commission
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