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HomeMy WebLinkAboutPC Res 05-05 - 2005-01-19 RESOLUTION NUMBER 05-5 0--9/& ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 05-1, A REQUEST TO ALLOW AN ADDITION TO A RESIDENCE WITH AN EXISTING NONCORMING SIDE YARD SETBACK AT THE PROPERTY LOCATED AT 121 ELEVENTH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 30, 2004, Nathan Kranda filed an application WIth the Department of Development Services for Vanance 05-1. Specifically, the applicant is requesting a variance to allow a master bedroom and master bedroom loft addition to a reSIdence with an existing encroachment into the required side yard setback. Section 2. Pursuant to 14 Cahf. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The apphcation for Variance No. 05-1 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 mmor 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 January 19, 2005 to consider the application for Variance No. 05-1. Section 4. The record of the hearing on January 19, 2005 indicates the following: (a) On December 30, 2004, Nathan Kranda filed an application WIth the Department of Development Services for Variance 05-1. Specifically, the applicant is requestmg a variance to allow a master bedroom and master bedroom loft addition to a residence with an existing encroachment into the required side yard setback. (b) The subject property is located at 121 Eleventh Street. (c) The surrounding land uses and zoning are as follows: North Single family residence adjacent to subject property, and a mix of single, two-family and three-family residences to the north in the Residential High Density zone. South Single family residence adjacent to subject property, and a mix of single family to multi-family residences to the south in the Residential High Density zone. East Across Eleventh Street, single family residences nearest to subject property, and a mix of single and two-family residences to the east in the Residential High Density zone. West Across the 15' wide alley, multi-family buildings and a mix of single family to multI-family residences to the west in the Residential High Density zone. (d) In response to the mailed and published notice of this hearing staff has received no complaints, written or other, to this request. Page 1 of3 Planning CommISSIOn ResolutIOn 05-5 Variance 05-1 121 Eleventh Street January 19, 2005 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 05-1 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 subject property and permits single 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 unique physically in that it has an eXIsting structure on the property that is legal nonconforming to current zoning standards. It would be economically unfeaSIble for the owner to make the entire existing structure conform to current standards. The property maintains the required side setback on one side for access purposes. (c) The grantmg of this variance will not constitute a special privilege gIven to one resident that would not be afforded to another by virtue of the fact that all new development will maintain current side yard setback requirements. Section 6. Based upon the foregoing, the Planning CommIssion hereby approves Variance No. 05-1, subject to the following conditions: 1. Variance 05-1 is approved for a master bedroom and master bedroom loft addItion with an existing nonconforming side yard setback condition at 121 Eleventh Street. 2. All construction shall be in substantial compliance with the plans approved through Variance 05-1. 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 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 19th day of January 2005 by the following vote: AYES: Commissioners Ladner, Deaton, Roberts, Shanks, and Sharp NOES: Commissioners None ABSENT: CommiSSIOners None Page 2 of3 Lee Whittenberg Secretary, Planning Co **** Page 3 on Plannmg CommISsIOn ResolutIOn 05-5 Variance 05-1 121 Eleventh Street January 19, 2005 ~ a ner Chairperson, Planning Commission