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HomeMy WebLinkAboutPC Res 09-32 - 2009-11-18RESOLUTION NUMBER 09 -32 019Z /v A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 09 -5 TO ALLOW AN APPROXIMATE 207- SQUARE -FOOT EXPANSION TO AN EXISTING, NON - CONFORMING RESIDENTIAL PROPERTY AT 1101 SEAL WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On August 19, 2009, Michael Niemeyer submitted an application to the City of Seal Beach Department of Development Services for Variance 09 -5 to allow an approximately 207 square -foot expansion to an existing, non- conforming residential property located at 1101 Seal Way (the "subject property "). Section 2. A duly noticed public hearing was held before the Planning Commission on October 21, 2009, to consider the application for Variance 09 -5. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. Section 3. The record of the hearing of October 21, 2009, indicates the following: (a) The subject property is located at 1101 Seal Way, and is bounded by Seal Way to the north; 11 Street to the west; residential properties in the RHD zone to the east; and the beach boardwalk and the Pacific Ocean to the south. It is approximately 3,370 square -feet in size, has approximately 37.46 feet of frontage along Seal Way, and 89.97 feet of frontage along 11 Street. (b) The surrounding land uses and zoning are as follows: ❑ NORTH Residential uses located within the Residential Zone. ❑ SOUTH Beach boardwalk; beach; Pacific Ocean ❑ EAST Residential uses located within the Residential Zone. ❑ WEST Residential uses located within the Residential Zone. High Density (RHD) High Density (RHD) High Density (RHD) 1 of 4 Planning Commission Resolution No. 09 -32 Variance 09 -5 1101 Seal Way November 18, 2009 (c) The subject property does not differ significantly from others in the vicinity in any respect, including but not limited to its location, size, shape, topography, or surroundings. (d) The existing residential structure on the subject property does not conform to the current requirements of the Zoning Code in the following respects: ❑ The subject property currently has a street side -yard setback of 3 feet 8 inches whereas the Municipal Code currently requires a five -foot, 8 -inch setback for properties having the width of the subject property. ❑ The subject property currently has a rear setback from the public alley of 4 feet, whereas the Municipal Code currently requires a 9 -foot setback. ❑ The subject property exceeds the current density requirements of the Municipal Code because it has three units whereas the Municipal Code currently allows only one. ❑ The subject property provides only 4 off - street parking spaces, whereas the Municipal Code currently requires three -unit residential structures to provide 6 spaces. (e) Section 28 -2407 of the Seal Beach Municipal Code only allows of the enlargement or structural alteration of a nonconforming residential structure in the RHD zone if the structure is nonconforming only by reason of building heights exceeding the maximum height or inadequate setbacks to the nonconforming single - family residential buildings and uses. Under Section 28 -2407, the Planning Commission can only approve the expansion of such uses if the garage and carport setbacks adjacent to a public alley comply with current applicable set back requirements. The proposed expansion of the subject property requires a variance from Section 28 -2407 because the property exceeds the current density standards for the RHD zone, does not provide sufficient parking under the requirements of the Municipal Code, and has an inadequate rear setback from a public alley. Section 4 . Based upon the facts contained in the record, including those stated in Section 3 of this Resolution and pursuant to Sections 28 -2500 through 28 -2502; and 28 -2505 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: (a) The facts set forth in Section 3 of this Resolution are correct. (b) The proposed variance for the expansion of square footage is incompatible with the existing development standards of the RHD zone, which require minimum setbacks from property lines and maximum unit density standards based on total lot area. 2 of 4 Planning Commission Resolution No. 09 -32 Variance 09 -5 1101 Seal Way November 18, 2009 (c) There are no special circumstances applicable to the subject property that would cause the strict application of Chapter 28 of the Municipal Code to deprive the owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone. The record does not include any evidence that the subject property differs significantly from others in the vicinity in any respect, including but not limited to location, size, shape, topography, or surroundings. (d) The granting of Variance 09 -5 would constitute a grant of special privileges inconsistent with other limitations upon properties in the same vicinity and zone. Other similarly developed non - conforming properties are subject to the same limitation on expansion in total square footage. Section 5 . Upon considering all testimony and evidence presented at the hearing, as well as the entirety of the administrative record before it, the Planning Commission announced a tentative decision to deny the application. The Commission directed staff to prepare a resolution incorporating findings based upon the evidence presented at the hearing. Section 6 . Based upon the foregoing, the Planning Commission hereby denies Variance 09 -5. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of November 2009 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission 3 of 4 Planning Commission Resolution No. 09 -32 Variance 09 -5 1101 Seal Way November 18, 2009 J� v W ) A�� Terrence Belanger Acting Secretary, Planning C ission 4 of 4