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HomeMy WebLinkAbout4 - VAR 10-3 1608 Ocean AveMarch 16, 2011 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject: Variance 10 -3 1608 Ocean Avenue Applicant: MARK WHEELER Owner: SUSAN MALLETT - RODGERS Location: 1608 OCEAN AVENUE Classification of RESIDENTIAL HIGH DENSITY (RHD -20) Property: Request: TO ALLOW A 578 SQUARE FOOT ROOM ADDITION AND A 149 SQUARE FOOT DECK ADDITION TO AN EXISTING, NONCONFORMING, SINGLE FAMILY DWELLING WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE. THE PROPERTY IS NONCONFORMING BECAUSE IT DOES NOT HAVE AN ADEQUATE REAR YARD SETBACK FROM THE ALLEY (EXISTING SETBACK IS 4' -0 "; REQUIRED SETBACK IS 12' -0 "). THE APPLICANT WISHES TO MAINTAIN THE GARAGE IN ITS PRESENT LOCATION WITH THE 4' -0" REAR YARD SETBACK. Environmental THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW, Review: PURSUANT TO CEQA ARTICLE 19, SECTION 15301(E)(2). Code Sections: 11.2.05; 11.4.40; AND 11.5.20 OF THE CODE OF THE CITY OF SEAL BEACH. Recommendation: APPROVE VARIANCE 10 -3, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC TESTIMONY. APPROVAL SHOULD BE THROUGH ADOPTION OF PLANNING COMMISSION RESOLUTION 10 -47. Z: \Variances \VAR 10 -3 1608 Ocean Avenue \VAR 10 -3 1608 Ocean Avenue PC Staff Report.doc Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 o On November 23, 2010, Mark Wheeler (the "Applicant ") filed an application with the Department of Development Services for Variance 10 -3. o The applicant is requesting approval for an addition and remodel to a nonconforming, single — family dwelling within the Residential High Density (RHD -20) zone. © The subject property is nonconforming due to an inadequate rear yard setback from the alley. Specifically, the Code requires a minimum twelve -foot (12' -0 ") rear setback when the rear yard abuts a twelve -foot (12' -0 ") wide alley. The existing residence has a four -foot (4' -0 ") rear setback along the alley. ® The subject property is approximately 25 feet wide by 100 feet deep, and is approximately 2,500 square feet in area. o The proposed project includes the addition of approximately 578 square feet of livable area and approximately 149 square feet of unenclosed deck area to the existing single - family dwelling. o The subject property is described as Orange County Assessor's parcel number 199 - 094 -05 and is located along Ocean Avenue, in the area commonly known as the "Old Town ". ® The surrounding land uses and zoning are as follows: NORTH: Single and multi - family residences within the Residential High Density (RHD -20) zone. EAST and WEST: Single and multi - family residences within the Residential High Density (RHD -20) zone. SOUTH: Single and multi - family residences within the Residential High Density (RHD -20) zone. © As of March 9, 2011, the City has received 22 letters in support and 1 letter in opposition to the project in response to the hearing notices that were mailed out and published for the proposed project VAR 10 -3. 2 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 DISCUSSION As indicated above, the applicant is requesting approval for a remodel and addition of approximately 578 square feet of livable area and approximately 149 square feet of unenclosed deck area to an existing, nonconforming, single - family dwelling. In general, variances are granted in unique situations where a particular property can not conform to the code due to unique physical characteristics of the property, unique development upon the property, or in a situation where the strict application of the zoning code would deprive a property of privileges enjoyed by other property in the same vicinity and zone. A classic example would be a triangular piece of land that could not reasonably conform to the required setbacks by virtue of its unique physical characteristics. Within residential zones, nonconformities are generally allowed to remain, provided the nonconformities are legal and there is no proposed expansion of habitable square footage within the dwelling. Once an expansion of habitable square footage is proposed within a nonconforming property, the property is generally required to be brought into conformance with the current development standards of the zone. With regard to the subject property, the lot configuration is a true rectangle, as are many of the lots along this portion of Ocean Avenue, and the existing development on the lot mostly conforms to the development standards, with the exception of the rear, ground -floor portion of the dwelling that encroaches into the rear yard setback area, as shown on the submitted plans. The subject property is zoned as Residential High Density (RHD -20). In the RHD -20 zone within the Old Town area, structures are required to maintain a minimum rear yard setback of 24 feet minus the alley width. Since the alley behind the property is twelve feet (12' -0 ") in width, the required rear setback would also be twelve feet (12' -0 "). The property presently has an uncommonly large front yard setback, when compared with other similar properties in the vicinity. The existing front yard setback from the front property line is approximately 40' -6" to the second floor deck and approximately 64' -0" to the front wall of the dwelling. Almost all other properties in the general vicinity, as well as the entire Old Town area, have front yard setbacks ranging from 6' -0" to 15'- 0"; no other properties in the vicinity come close to having as large of a front yard setback as the subject property. The habitable floor area of the existing dwelling is approximately 913 square feet with an approximately 316 square foot covered first floor porch, and an approximately 380 square foot, second floor open deck. Because of the relatively small size of the existing dwelling, modifying the structure to make it conform with current rear yard setback requirements would essentially require tearing down half or more of the existing structure, if not a complete teardown of the structure. The proposed expanded structure would result in an addition of approximately 440 square feet of habitable area to the first floor and 138 square feet of habitable area to the second floor, for an 3 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 expanded overall total of approximately 1,525 square feet of habitable area. The second floor deck area would be expanded slightly from approximately 380 square feet (existing) to approximately 428 square feet (proposed). Under the proposed plan, the front yard setback would be 35' -0" to the forward edge of the second floor deck; 41' -0" to the first floor wall of the structure; and 56' -0" to the second floor wall of the structure. The existing exterior stair to the second floor deck is proposed to be reoriented and reconfigured, but the Zoning Code specifically prohibits exterior stairways providing access from the ground level to a second floor when such stairways are not specifically required by the California Building Code. There is no building code requirement for having an exterior stairway to the second floor, and therefore Staff is recommending removal of this stairway. Seal Way is a relatively narrow alley (12' -0" width) that essentially functions as the only vehicle access for those residents whose properties are located on the beachfront. Since the beachfront properties do not have street parking available, residents will often park vehicles in front of their garages, setbacks permitting, and in -lieu of street parking. The same is true for residents whose properties front Ocean Avenue and have garage access from Seal Way. When vehicles are parked in front of garages on either side of the alley, all the way to the rear property line, oftentimes the functional width of Seal Way is reduced to the minimum 12' -0 ". By maintaining the existing 4' -0" setback on the subject property, which is too narrow of a space to park a vehicle, there would continue to always be a 4' -0" clear space, in addition to the 12' -0" alley width, along the rear property line of the subject property. All proposed new construction will be required to conform to the development standards of the Residential High Density (RHD -20) zone, including all setbacks, lot coverage, building height, and garage dimensions. Because of the unique development existing on the property, the exceptionally large existing front setback, and the modest size of the proposed addition, Staff recommends approval of the subject Variance request. Required Findings to be made to approve a Variance: Section 11.5.20.005C of the Municipal Code states that the Planning Commission may issue Variances to adjust dimensional and performance standards, subject to the following: 1. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated; and 4 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 2. A Variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone district regulations governing the parcel of property. Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve proposed Variance 10 -3 to maintain a 4' -0" rear yard setback from the public alley, with the exception of deleting the proposed exterior stairway to the second floor. Staff also recommends the maintenance of a minimum 35' -0" front yard setback to the second floor unenclosed deck; a minimum 41' -0" front yard setback to the first floor wall of the dwelling; and a minimum 56' -0" front yard setback to the second floor wall of the dwelling. Staffs recommendation is based upon the following: O Variance 10 -3 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 and multiple - family residential uses and additions to same. 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. O The building and property at 1608 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. O The existing property and structure is unique in that it has an extraordinarily large front yard setback compared to other properties in the vicinity and the applicant has expressed a desire to maintain a large front yard setback, while also maintaining the existing nonconforming rear yard setback from the public alley. With the proposed addition, the property will still maintain a front yard setback that is more than twice as large as the largest front yard setbacks in the vicinity. O The granting of this variance will not constitute a special privilege given to one property that would not be afforded to another property by virtue of the fact that there are no other properties in the vicinity that enjoy such a large front yard setback and all proposed new construction will be required to conform to the development standards of the zone district. O The maintenance of the 4' -0" rear yard setback will ensure an effective 16' -0" alley width for one -way traffic on Seal Way along the entire width of the subject 5 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 property, since vehicles would be precluded from parking within the rear yard setback area due to the shallow setback. Approval of Variance 10 -3 should be through the adoption of Resolution 10 -47 with the following conditions in place: 1. Variance 10 -3 is approved for an approximately 578 square foot room addition and an approximately 149 square foot unenclosed deck addition to the existing nonconforming single family dwelling at 1608 Ocean Avenue. The property is nonconforming because of a substandard 4' -0" rear yard setback from the public alley (12' -0" is the minimum required setback). 2. All construction shall be in substantial compliance with the plans submitted as part of the application for Variance 10 -3 as approved by the Planning Commission, with the exception that the proposed exterior stair access to the second floor be deleted. 3. The applicant shall maintain a minimum 35' -0" front yard setback to the second floor unenclosed deck; a minimum 41' -0" front yard setback to the first floor wall of the dwelling; and a minimum 56' -0" front yard setback to the second floor wall of the dwelling. 4. Vehicle parking shall be prohibited within the 4' -0" rear yard setback /drive apron area between the existing garage and public alley. 5. All proposed new construction shall conform to all applicable development standards in effect within the RHD -20 zone as of the date of this approval. 6. Any future modifications or demolition of the structure shall deem any and all portions of Variance 10 -3 null and void. 7. Variance 10 -3 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. 8. This Variance shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the 6 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Variance, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. FOR: March 16, 2011 livera, AICP lanner — Department of Development Services Attachments (4): 1. Proposed Resolution 10 -47 2. Application 3. Site Photos 4. Project Plans 7 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011 ATTACHMENT 1 PROPOSED RESOLUTION 10-47 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 10 -3, TO ALLOW A 578 SQUARE FOOT ROOM ADDITION AND A 149 SQUARE FOOT DECK ADDITION TO AN EXISTING NONCONFORMING SINGLE FAMILY DWELLING WITIHN THE RHD -20 ZONE AT 1608 OCEAN AVENUE, SEAL BEACH. 8 VAR 10 -3 1608 Ocean Avenue PC Staff Report RESOLUTION NUMBER 10 -47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 10 -3, TO ALLOW A 578 SQUARE FOOT ROOM ADDITION AND A 149 SQUARE FOOT DECK ADDITION TO AN EXISTING NONCONFORMING SINGLE FAMILY DWELLING WITIHN THE RHD -20 ZONE AT 1608 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On November 23, 2010, Mark Wheeler (the "applicant ") applied for Variance 10 -3 with the Department of Development Services. The applicant is seeking to maintain a nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unenclosed deck area to the existing single - family dwelling. Section 2. Pursuant to 14 California Code of Regulations §15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Variance 10 -3 to maintain a nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unclosed deck area to the existing single - family dwelling, is categorically exempt from review pursuant to the California Environmental Quality Act §15301 (Existing Structures), because the proposal involves a modest addition to an existing single - family dwelling within a residential zone; and pursuant to §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on March 16, 2011 to consider the application for Variance No. 10 -3. Section 4. The record of the hearing on March 16, 2011 indicates the following: (a) On November 23, 2010, Mark Wheeler submitted an application for Variance 10 -3 with the Department of Development Services. (b) The subject property is nonconforming due to an inadequate rear yard setback from the alley. Specifically, the Zoning Ordinance requires a minimum twelve -foot (12' -0 ") rear yard setback when the rear yard abuts a twelve - foot (12' -0 ") wide alley. The existing dwelling presently has a four -foot (4' -0 ") rear yard setback along the alley. (c) The applicant is seeking to maintain the nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unenclosed deck area to the existing single - family dwelling within the Residential High Density (RHD -20) zone. (d) The subject property is described as Orange County Assessor's parcel number 199 - 094 -05 and is located at 1608 Ocean Avenue, in the area commonly known as "Old Town ". (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST, WEST: Single- family residences in the Residential High Density (RHD -20) zone within the area known as Old Town. (f) The subject property is approximately 25 feet wide by 100 feet deep and contains approximately 2,500 sq. ft. in lot area. (g) Staff has received 22 letters in support and 1 letter in opposition to the project in response to the hearing notices that were mailed and published for Variance 10 -3. Section 5. Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to §§ 11.2.05; 11.4.40; and 11.5.20 of the City's Zoning Ordinance, the Planning Commission hereby finds as follows: (a) Variance 10 -3 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 and multiple - family residential uses and additions to same. 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 building and property at 1608 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) The existing property and structure is unique in that it has an extraordinarily large front yard setback compared to other properties in the vicinity and the applicant has expressed a desire to maintain a large front yard setback, while also maintaining the existing nonconforming rear yard setback from the public alley. With the proposed addition, the property will still maintain a front yard setback that is more than twice as large as the largest front yard setbacks in the vicinity. (d) The granting of this variance will not constitute a special privilege given to one property that would not be afforded to another property by virtue of the fact that there are no other properties in the vicinity that enjoy such a large front yard setback and all proposed new construction will be required to conform to the development standards of the zone district. (e) The maintenance of the 4' -0" rear yard setback will ensure an effective 16' -0" alley width for one -way traffic on Seal Way along the entire width of the subject property, since vehicles would be precluded from parking within the rear yard setback area due to the shallow setback. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 10 -3, subject to the following conditions: 1. Variance 10 -3 is approved for an approximately 578 square foot room addition and an approximately 149 square foot unenclosed deck addition to the existing nonconforming single family dwelling at 1608 Ocean Avenue. The property is nonconforming because of a substandard 4' -0" rear yard setback from the public alley (12' -0" is the minimum required setback). 2. All construction shall be in substantial compliance with the plans submitted as part of the application for Variance 10 -3 as approved by the Planning Commission, with the exception that the proposed exterior stair access to the second floor be deleted. 3. The applicant shall maintain a minimum 35' -0" front yard setback to the second floor unenclosed deck; a minimum 41' -0" front yard setback to the first floor wall of the dwelling; and a minimum 56' -0" front yard setback to the second floor wall of the dwelling. 4. Vehicle parking shall be prohibited within the 4' -0" rear yard setback /drive apron area between the existing garage and public alley. 5. All proposed new construction shall conform to all applicable development standards in effect within the RHD -20 zone as of the date of this approval. 6. Any future modifications or demolition of the structure shall deem any and all portions of Variance 10 -3 null and void. 7. Variance 10 -3 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. 8. This Variance shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Variance, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa - Lavitt, Chairwoman Planning Commission Mark Persico, AICP Secretary, Planning Commission Citq of Seal Beach Public Hearing Application Question responses #9, nescribe Proposed Use: 1608 Ocean Avenue is a unique propertq with unique challenges. It is a two-storu, 913 square foot single familq residence that sits at the verq rear of the propertq, As a result, the 360 square fool; garage sits onlq 4 feet from tie rear propertq line. The balance of' the first floor, containing the entry, one bedroom and a bath totalling 252 square feet sits immediately ahead of' the garage, Above is the main living area and a second bedroom, totalling 661 square feet, it is virtually impossible to bring the garage into compliance with the currerrt alleq setback requirements without demolishing the entire residence, which is a financial impossibility for the homeowner. We therefore request a variance to allow for the addition of 578 square feet of' living space to the residence without bringing tie existing garage into compliance, #10. nescribe how the proposed improvements are appropriate for the character of the surrounding neighborhood: A. The homeowner is converting this home from a rental propertq into a primarq residence through This addition. This will benefit this rental -heavy area bq having a full-time, long-term resident at the address, P. The homeowner is proposing a home much smaller than the maximum allowable size for the lot. As a result, the front card will have a 41 foot setback from the front property line ( the second floor will have a 64 foot setback) , allowing for grass, trees, landscape and open air in the space. This will have the de facto effect of creating a virtual pocket park of' green and open space in a verq densel q built part of' 5eal Peach, C. The scale of -one project, both in its footprint on other new - builds in the Old Town area, e lot and its proportions are much less an at of P, If unable to secure the variance, the homeowner will be forced to sell the property, virtually guaranteeing that the small I950's building will be demolished and a new lot-maximizing home built in its place. We believe that the smaller, more environmentallq-responsible home being proposed here is a better alternative for the neighborhood and Seal Beach as a whole, #11. nescribe how the approval of this permit would be detrimental in anq waq to other propertq in the vicinity, The 29 foot clearance from the face of' the garage to that of The garage of the residence opposite it on 5eal Waq is not an impediment in any waq -to access to or from garages or through the alleq itself, As this clearance will not be changing in anq waq, we believe that there will be no detrimental effects clue to approval of this variance. We belive that the benefits of a smaller home ( both in footprint, stare footage and massing) with markedly more landscape and air space is a real benefit to the neighborhood, and more than compensates for the special accommodation required at The alley to make is home a reality, ATTACHMENT 3 SITE PHOTOS 10 VAR 10 -3 1608 Ocean Avenue PC Staff Report Planning Commission Staff Report Variance 10 -3 1608 Ocean Avenue March 16, 2011