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Home My WebLink AboutPC Res 05-33 - 2005-07-06 RESOLUTION NUMBER 05-33 O;f'/6'h ~4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 05-4, A REQUEST TO ALLOW AN OPEN STAIRWAY AND HANDRAIL IN THE WEST SIDE SETBACK IN CONJUNCTION WITH A NEW SINGLE-FAMILY RESIDENCE AT B-I06 SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 2, 2005, Charles Degele "The Applicant" submitted an application for Variance 05-4 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required side yard setback for an open stairway and railing in conjunction with a new single-family residence in a residential zone within the Surfside Colony. Specifically, the stairway and handrail are proposed to be constructed three feet into the required three feet side setback. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 05-4 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 of less 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 July 6,2005 to consider the application for Variance No. 05-4. Section 4. The record ofthe hearings on July 6,2005 indicate the following: (a) On June 2, 2005, Charles Degele ("The Applicant") submitted an application for Variance 05-4 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required side yard setback with an open stairway and handrail in conjunction with a new single-family residence in a residential zone. (b) The subject property is located at B-106 Surfside Avenue. (c) The surrounding land uses and zoning are as follows: NORTH Single-family dwellings in the Residential Low Density zone (RLD) of Surfside Colony. SOUTH Across 20' wide private roadway, single family dwellings in the Residential Low Density zone (RLD) of Surfside Colony, Pacific Ocean and the beach in a Public Land UseIRecreation zone (PLU/R). EAST Single-family dwellings located in the Residential Low Density zone (RLD) of Surfside Colony. WEST Single-family dwellings located in the Residential Low Density zone (RLD) of Surfside Colony. Page 1 of3 Planning CommIssIOn ResolutIOn No 05-33 Variance 05-4, B-J06 Surfs/de July 6, 2005 (d) In response to the mailed and published notice of this hearing, staff has received no complaints, written or other, to this request. (e) Surfside Colony has approved the Variance request. (f) There are special and unique circumstances on this property. Because the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Code deprives such property of privileges enjoyed by other property in the same vicinity and zone. (g) The granting of Variance 05-04 will not constitute a special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. (h) The City has approved other variance applications in the past in Surfside Colony. (i) Special circumstances are applicable to the property to deprive the property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone. Section 5. Based upon the facts contained in the record, including those stated in 9 4 of this resolution and pursuant to ~~ 28-500; 28-501; and 28-2500 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 05-4 is approved to construct an open stairway and handrail in the west/left side setback in conjunction with a new single-family residence at B-I06 Surfside Avenue. (b) The proposed setback encroachment at B-I06 Surfside Avenue, in this particular case, is adjacent to a 10 feet wide common area walkway not adjacent to other residences as is more typical in the Surfside Colony neighborhood. (c) The location of B-1 06 Surfside Avenue, in this particular case, is unique in that it has a fire hydrant limiting parking behind the garage along the 20 feet wide roadway. (d) The City has approved other setback variance applications in the past. Other applications that have been approved in the Surfside Colony include: 1. Variance 74-25 at A-38 and A-40 Surfside Avenue - Addition with non-conforming side setbacks. 2. Variance 75-2 at A-31 Surfside Avenue - Reduced side setbacks for new residence. 3. Variance 05-2 at B-2 Surfside Avenue - Reduced side and rear setbacks for new residence. 4. Variance 05-3 at B-1 Surfside Avenue - Reduced side and rear setbacks for new residence. (e) The granting of this variance shall not adversely affect the general plan. (f) There are special and unique circumstances on this property. Because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Code deprives such property of privileges enjoyed by other property in the same vicinity and zone. (g) The granting of Variance 05-04 shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. Page 2 of3 Planning CommissIOn ResolutIOn No 05-33 Variance 05-4, B-106 Surfslde July 6, 2005 (h) Special circumstances are applicable to the property to deprive the property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity fIDd zone. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 05-4, subject to the following conditions: 1. Variance 05-4 is approved to construct a stairway and handrail encroaching in the side yard setback area. Specifically, construction is permitted with a setback of 0" on the west/left side at B-1 06 Surfside Avenue. 2. All construction shall be in substantial conformance with the plans approved through Variance 05-4, including visually open stairs and a visually open handrail in the side setback. 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. 4. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorneys fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of July 2005 by the following vote: Ladner, Deaton, Roberts, and Shanks AYES: Commissioners NOES: Commissioners None ABSENT: Commissioners O'Malley ~2L ~~er Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commissi **** Page 3 of3