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HomeMy WebLinkAboutPC Res 02-01 - 2002-01-09 .. OF. 'Ai · L RESOLUTION NUMBER 02-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 02-1, A REQUEST TO ALLOW ENCROACHMENT INTO THE FRONT YARD SETBACK AREA FOR THE EXPANSION OF AN EXISTING GARAGE TO BE LOCATED 5.5 FEET INTO THE REQUIRED FRONT YARD SETBACK AND FOR A 2ND STORY ADDITION TO ENCROACH 1 FOOT INTO THE SAME FRONT YARD SETBACK AREA AT THE PROPERTY LOCATED AT 200 SURF PLACE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On November 29, 2001 Joseph and Anna Woyjeck "The Applicant" submitted an application for Variance 02-1 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required front yard setback in a residcntial zone. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ItA of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Variance No. 02-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 1 5303(a) (New Construction of Small Structures), because the application is for the construction ofthree (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 arc involved; and, pursuant to ~ 1 506 1 (b)(3), because it can be seen with certainty that there is no possibility that the approval may have a si!,'llificant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on January 9, 2002 to consider the application for Variance No. 02-1. At the hearing the applicant spoke in favor of the request. Section 4. The record of the hearing on January 9, 2002 indicates the following: (a) On November 29, 2001, Joseph and Anna Woyjeek ("The Applicant") submitted an application for Variance 02-1 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required front yard setback in a residential zone. (b) The subject property is located at 200 Surf Place (c) The surrounding land uses and zoning are as follows: SOUTH WEST & EAST Residential Housing in the Residential Low Density (RLD) Zone NORTH Residential housing in the RLD Zone and property located within the Hellman Ranch Specific Plan Zone, as well as a portion of Gum Grove Park (d) 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 ~ 4 of this resolution and pursuant to ~~ 28-2500 through 28-2502 ofthe City's Code, the Planning Commission hereby finds as follows: . Variance 02-1 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 pcrmits single family residential uses. The use is also consistent with the ., Planning CommissIOn Resolution No. 02-1 January 9, 2002 remaining clements of the City's General Plan as the policies ofthose elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. . There is a special and unique characteristic to this property that is generally not present clsewhere in the City. This property is located on a comer lot and has the capacity to enter from the side yard, where most properties in the City do not have this ability. . The Granting ofthis Variance will not constitute a special privilege given to one resident and not another by virtue of the fact that the owners can enter from the side yard and still have the required 18 foot setback for the driveway. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 02-1, subject to the following conditions: I. Variance 02-1 is approved to allow the encroachment of the garage toward the front yard setback line. Specifically, it will not be closer than approximately 12.5 feet from the front property line at any point. Additionally, the 2nd floor will be allowed to encroach approximately 1 foot into the required front yard setback area. 2. All construction shall be in substantial compliance with the plans approved through Variance 02-1. 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 ofthc 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 gU' day of January, 2002 by the following vote: AYES: Commissioners Sharp, Brown, Cutuli, Ladner NOES: Commissioners ABSENT: Commissioners Hood Page 2