Loading...
HomeMy WebLinkAboutPC Res 01-38 - 2001-09-19 RESOLUTION NUMBER 01-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 01-4, APPROVING THE REQUEST TO ALLOW AN EXTERIOR STAIRWELL FROM THE FIRST TO THE SECOND FLOOR AND THE REQUEST TO ENCROACH INTO THE REQUIRED SIDE YARD SETBACK AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 25, 2001 Marshall Inninns "Thc Applicant" submitted an application for Variance 01-4 with the Department of Development Serviccs. Specifically, the applicant is requested a variance to encroach into the required side yard setback and construct an exterior stairwell from the 1 sl floor to the 2nd floor in a residential zone within the Surfside Colony. Scetion2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S n.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variancc No. 01-4 is categorically exempt from review pursuant to the California Environmcntal Quality Act pursuant to 14 Calif. Code of Regs. S 15303(a) (New Construction of Small Structures). because the application is [or the construction of three (3) or less single family dwellings in an urbanized area; S 15305 (Minor Alterations in Land Usc Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to S 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 August 22, 2001 and continued to September 19, 2001 to consider the .application for Variance No. 01-4. Section 4. The record of the hearings on August 22, 2001 and September 19, 2001 indicate the following: (a) On July 25, 2001, Marshall Inninns ("The Applicant") submitted an application [or Variance 01-4 with the Department of Devclopmcnt Services. Specifically, the applicant is requesting a variance to encroach into the required side yard setback and construct an exterior stairwell from the first to the second floor in a residential zone. (b) The subject property is located at A-61 Sur[side Ave. (c) The surrounding land uses and zoning are as follows: NORTH, EAST & WEST Residential Housing located in a Residential Low Density zone (RLD) within Surfside Colony. SOUTH Pacific Ocean in a Public Land Use/Recreation (PLU/R) zone. (e) In response to the mailed and published notice of this hearing staff has received no complaints, written or other, to this request. Section 5. Based upon the facts contained in the record, including those stated in S 4 of this resolution and pursuant to SS 28-2500 through 28-2502 of the City's Code, the Planning Commission hereby fmds as follows: . . Plannmg COI/lIII/.VSIon Resolution No. 01-38 Variance 01-4, A-61 Surftide AI/gust 22, 2001 . Variance 01-4 is consistent with the provisions ofthe Land Use Element of the City's General Plan, which provides a "low density residential" designation for the subject property and permits multi-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. . There are special and unique characteristics on this property that are not present elsewhere in the City. The property is located in an area which occasionally floods. Having the main entrance to the strueturc on the 2nd floor will help the owners alleviatc problems with flooding. . The Granting of this Variance will not constitute a special privilege given to one resident and not another by virtue ofthc fact that flooding occurs. further, the City has approved similar applications in the past when located in an area where flooding occurs. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 01-4, subject to the following conditions: I. Variance 01-4 is approved to allow an exterior stairwell from the 1'[ to the 2nd floor, and encroaches into the side yard setback to a maximum of 3 feet. 2. All construction shall be in substantial compliance with the plans approved through Variance 01-4. 3. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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 tcn (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 19th day of September , 2001 by the following vote: AYES: Commissioners Hood, Brown, Cutuli, Ladner NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Sharp ~:j /L/ David Hood, Ph.D., Chairman Planning Commission Whittenberg, Secretary Planning Commission 2