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HomeMy WebLinkAboutPC Res 99-30 - 1999-09-08 ", RESOLUTION NUMBER 99-30 OR/6'~ /1!4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING V ARlANCE NO 99-2, A REQUEST TO ALLOW AN ILLEGALLY CONSTRUCTED GLASS SUNROOM IN EXCESS OF THE 25 FOOT HEIGHT LIMIT THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On July 26, 1999 Teo Albers "The Applicant" submitted an application for Variance 99-2 with the Department of Development Services. Specifically, the applicant is requesting a variance to allow the previous, unpermitted, construction of habitable living space in excess of the 25 foot height limit The glass sun room measures 13 feet by 13 feet and stands approximately 4.5 feet above the height limit Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA Guidelines, staffhas detennined as follows: The application for Variance No 99-2 is categorically exempt from review pursuant to the California Enviromnental 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 of less than 20010 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 September 8, 1999 to consider the application for Variance No. 99-2 At the hearing the applicant spoke in favor of the request, with other people speaking in opposition Section 4 The record of the hearing on September 8, 1999 indicates the following' (a) On July 26, 1999, Teo Albers ("The Applicant") submitted an application for Variance 99-2 with the Department of Development Services. Specifically, the applicant is requesting a variance to allow the previous, unpermitted, construction of habitable living space in excess of the 25 foot height limit The glass sun room measures 13 feet by 13 feet and stands approximately 4 5 feet above the height limit (b) The subject property is located at 1307'h Seal Way. (c) The subject property is rectangular in shape (30' x 90') with a lot area of approximately 2700 square feet (d) The surrounding land uses and zoning are as follows. NORTH, EAST & WEST A mixture of single-family and multi-family residences located in the Residential High Density (RHO) zone SOUTH The Pacific Ocean in the Public Land UseJRecreation (pLUIR) zone ( e) In response to the mailed and published notice of this hearing staff has received no response, written or other, to this request 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 99-2 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 C IVarlance\99-2 13071.5 Seal W8!fSS-2. Resolution doc , ) I " Plannmg CommiSSIOn Resolatlon No. 99-30 September 8, 1999 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 Seal Way within the Old Town area of the City 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 (c) The subject property is similarly situated to the majority of (if not all) properties along Seal Way within the Old Town area of the City. 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 Variance No. 99-2. 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 Stir day of September, 1999 by the following vote' ~ rOlJJ!!( CA-u r~ /JooJ..j l..or\'J) LYOfj AYES Commissioners - NOES Commissioners - ABSTAIN Commissioners - Whittenberg, Secretary Planning Commission Page 2