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Home My WebLink AboutPC Res 05-06 - 2005-03-23 RESOLUTION NUMBER 05-6 0 R/6'h A RESOLUTION OF TIIE PLANNING COMMISSION OF /114~ THE CITY OF SEAL BEACH APPROVING VARIANCE 05-2, A REQUEST TO ALLOW A NEW SINGLE FAMILY RESIDENCE WITH PROPOSED ENCROACHMENTS IN THE REAR AND NORTH SIDE SETBACKS AT B-2 SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 6,2005, Marshall Ininns "The Applicant" submitted an application for Vanance 05-2 with the Department of Development ServIces. Specifically, the applicant is requesting a variance to encroach into the required rear and side yard setbacks for a new single-family residence in a residential zone within the Surfside Colony. Specifically, the new residence is proposed for construction with a side setback of six inches on the North sIde setback and a rear setback of six inches. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ IT.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 05-2 is categorically exempt from review pursuant to the California Environmental Quahty 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 March 9,2005 to consider the application for Variance No. 05-2. Section 4. At the Planning Commission meeting held March 9, 2005, the Planning Commission heard public testimony, reviewed the facts of the proposal, discussed the proposal, and continued the proposal for consideration of Variance No. 05-2 at its next regularly scheduled meeting of March 23, 2005. Section 5. The record of the hearings on March 23, 2005 indicate the following: (a) On January 6, 2005, Marshall Ininns ("The Applicant") submitted an application for Variance 05-2 with the Department of Development Services. Specifically, the applicant is requesting a variance to encroach into the required rear and side yard setbacks for a new smgle-family residence in a residential zone. (b) The subject property is located at B-2 Surfside Avenue. (c) The surrounding land uses and zoning are as follows: NORTH Across 25' private road, "Water Tower" residence located in the General Commercial (C-2) zone along pacific Coast Highway SOUTH Adjacent lot for future residence and garage located in the Residential Low Density (RLD) zone within Surfside Colony Page 1 of3 Planning CommIssion ResolutIOn No 05-06 Variance 05-2 B-2 Suifslde March 23,2005 EAST City of Seal Beach boundary, Anderson Street, public parking and single-family residential housing in unincorporated Orange County area of Sunset Beach WEST Across 26' private road, residential housing located in the Residential Low Density (RLD) zone within Surfside Colony (d) In response to the mailed and published notice of this hearing, staff has received no complaints, written or other, to this request. (e) There are special and unique characteristics on this property, mcIuding size, shape, topography, location or surroundings, which the strict application of the Code would deprive such property of privileges enjoyed by other property in the same vicinity and zone. (f) The granting of Variance 05-02 will not constitute a speCIal privilege gIven to one resident and not another by allowing new construction in setback areas not allowed in other similarly sized lots. (g) The City has approved other variance applications in the past in Surfside Colony. Section 6. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-400; 28-500; 28-2500 through 28-2502 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 05-2 is approved to construct a new residence and garage encroaching in the rear yard and side yard setback areas, specifically allowing a 6" side setback on the North side and a 6" rear setback. (b) The proposed setback encroachments at B-2 Surfside Avenue, in this particular case, are adjacent to a private roadway to the side and a public street to the rear, not adjacent to other residences as is more typical in the Surfside Colony neighborhood. (c) The location of B-2 Surfside Avenue, in this particular case, IS unique in that it is located at the points of entry and departure to the Surfside Colony neighborhood. (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. ( e) There are special and umque charactenstics on this property, including size, shape, topography, location or surroundings, the strict application of the Code does not deprive such property of privileges enjoyed by other property in the same vicinity and zone. (f) The granting of Variance 05-02 will not constitute a special privilege given to one resident and not another by allowing new construction in setback areas not allowed in other similarly sized lots. (g) 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. Page 2 00 Plannmg CommISSIOn ResolutIOn No 05-06 Variance 05-2 B-2 Surfslde March 23, 2005 Section 7. Based upon the foregoing, the Planning Commission hereby approves Variance No. 05-2, subject to the following conditions: 1. Variance 05-2 is approved to construct a new residence encroaching in the rear yard and side yard setback areas. Specifically, construction is permitted with a setback of 6" on the North/left side and 6" at the rear at B-2 Surfside Avenue. 2. All construction shall be in substantial conformance wIth the plans approved through VarIance 05-2, including stacked stone or similarly upgraded materials to be used on the exterior finish of the proposed tower element at all floors. 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 m 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 23rd day of March 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners Ladner Phil Ladner Chairperson, Planning Commission / ee Whittenberg Secretary, Planning Commissio **** Page 3 of3