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HomeMy WebLinkAboutBZA_Minutes_1984_01_16• MINUTES OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH HELD IN THE COUNCIL CHAMBERS OF CITY HALL ON JANUARY 16, 1984, AT 7:30 P.M. Meeting c~lled to order at 7:30 P.M. by Chmn. Moore Pledge of Allegiance led by Chmn. Moore ROLL CALL PRESENT: Comms. Berardo, Corder, Cutler, Williams, Chmn. Moore ABSENT: None ALSO PRESENT: Bill Grove, Senior Building Inspector APPROVAL OF MINUTES Motion by Comm. Corder, seconded by Comm. Williams, to approve the January 4, 1984 minutes with the following amendment and clarification: Comm. Williams noted that her intention on Page 4, paragraph 4, was that a person may rent out a portion of their home, not necessarily as a second unit, if it did not contain a stove. Chmn. Moore stated that if everyone in the building has common keys, it would be hard to argue that it is not a single dwelling . • Page 10, paragraph 10, line 2, should read, "He did not believe the Board had the obligation to grant the landmark in perpetuity. 11 No objections; so ordered. APPROVAL OF RESOLUTIONS Mr. Grove noted that this resolution is in conjunction with the conditional use permit request before the Board tonight. He stated that an official resolution was not prepared for the original application last year. He added that the resolution could be found in the body of the report for Conditional Use Permit BZA 154-545. Motion by Chmn. Moore, seconded by Comm. Corder, to approve Resolution BZA 154-493 . . AYES: Comms. Berardo, Corder, Cutler, Williams, Chmn. Moore NOES: None ABSENT : None CONDITIONAL USE PERMIT REQUEST BZA 154-545 -16 -20 Pier Avenue Applicant: Frank Nam Mr. Grove gave staff report. He stated that the request is a modification of an earlier conditional use permit that the Board of Zoning Adjustments granted. • ( BOARD OF ZONING ADJUSTMENTS MINUTES -January 16, 1984 Page 2 CONDITIONAL USE PERMIT REQUEST BZA 154-545 -16 -20 Pier Avenue (Cont.) The applicant is requesting permission to merge the business at 16 Pier Avenue (Munchies) with the business at 20 Pier Avenue (Hermosa Fish Market.) Both restaurants are presently owned by the applicant. The resulting merger will increase the seating capacity of the Hermosa Fish Market by approximately 24 seats. The Hermosa Fish Market was granted a conditional use permit for beer and wine sales in conjunction with the operation of a restaurant in January of 1983. As of this date the Building Department has not received any complaints concerning this business nor has the Police Department experienced any problems with this business. He noted that staff suggested the Board use the same conditions as are now in effect with the following change to Condition #12: "This permit is s'ubject to annual reviews. 11 This change is warranted based on the past performance of the applicant. Comm. Cutler questioned whether or not Munchies was being closed down, and the applicant was using the space as an extension of the Fish Market Cafe. Mr. Grove ~eplied that the applicant is using Munchies as an extension of the Fish Market Cafe. Public Hearing opened at 7:37 P.M. Frank Nam, 1190 Longfellow, Manhattan Beach, applicant, appeared to answer questions of the Board. No one else appeared to speak in favor of the conditional use permit. No one appeared to speak in opposition to the conditional use permit. Public Hearing closed at 7:38 P.M. Motion by Comm. Corder, seconded by Comm. Berardo, to approve Conditional Use Permit BZA 154-545, subject to Condi ti on #12 to read, "This permit is subject to annual reviews. 11 Comm. Corder noted that the minutes of January 17, 1983 reflected that the Board was concerned with restaurants becoming bars. The discussion focused on the fact that the only way the Fish Market Cafe would become a bar is if there were a change in its physical structure. He requested a clarification of l -11 on the floor plan. Mr. Grove replied that 1 -11 designates kitchen equipment. AYES: Comms. Berardo, Corder, Cutler, Williams, Chmn. Moore NOES: None ABSENT: None Chmn. Moore announced that the Board's decision may be appealed by writing to the City Council within ten days. ' . BOARD OF ZONING ADJUSTMENTS MINUTES -January 16, 1984 Page 3 REVIEWS None MISCELLANEOUS Chmn. Moore stated that the Board had discussed having staff's position on the staff report. He noted that staff regularly makes recommendations that go to the City Council, and the majority of the Board felt that there was no harm in, and possibly some help to, having staff's opinion in the staff report. It would not be a reason to approve or deny a project; the Board must find their own reasoning. Comm. Williams stated that she would appreciate staff's op1n1on on any item that deals with public safety. This would include remodels and reconstruction. Chmn. Moore noted that staff's opinion that the project should be approved or denied is not particularly useful to the Board; however, detailed presentations backing up their position would be useful to the Board. Mr . Grove concurred that staff 1 s opinion that the project should be approved or denied alone is not appropriate. He stated that they would address the required Findings in making a recommendation. INFORMATION REGARDING SCHOOL SITES E.I.R. Mr. Grove noted that the Board, at their last meeting, requested some information regarding the E.I.R. for the school sites. He noted that included in that information are some letters addressed to the Planning Commission. Also included in that information is a synopsis of the comments received by the public and submitted by the Board. Jim Hinzdel & Associates had also submitted some information addressing the questions of the Board. The Planning Commission minutes were also included. Those minutes were with regard to the E.I.R. on the five school sites. Comm. Cutler noted that Jim Hinzdel's report is misdated. It should be dated lQ84, as opposed to 1983. CITY COUNCIL MINUTES OF DECEMBER 13, 1983 Comm. Corder wished that the City Council minutes were more specific with regard to Council discussion on the mural located at 137 Pier Avenue. Chmn. Moore stated that the City Attorney drew the distinction that other cities have sign ordinances which are much more specific in defining what is permitted and what is not permitted. He stated that the City Attorney felt that the sign ordinance of Hermosa Beach was vague, and there were no grounds for denying one sign and permitting another. .. BOARD OF ZONING ADJUSTMENTS MINUTES -January 16, 1984 Page 4 MISCELLANEOUS (Cont.) Comm. Cutler appreciated that the City Council minutes were included in their packet. He noted that he would like to receive the City Council minutes on a regular basis. Mr. Grove stated that the Board was entitled to information, such as the City Council minutes. He noted that there are several items which may affect the Board indirectly or personally; therefore, staff is intending to include the City Council minutes on a regular basis in the Board's packet. Comm. Williams noted concern for offensive murals coming before the Board in the future. Comm. Cutler quesiti oned how , the City Counci 1 concluded that the "mural 11 at 137 Pier Avenue was not a sign. Mr. Grove stated that at an earlier date the City Attorney commented about commercial speech as opposed to individual free speech. A conclusion was never reached by the City Council that it was not a sign. Comm. Williams felt that the "mural11 at 137 Pier Avenue was not a sign. Comm. Cutler recommended that the next time a mural is denied, the Board should specifically state that "this is a sign, not a mural. And it is larger than what is allowed by Code. Permission denied." Mr. Grove stated that the above recommendation would be a possibility. Comm. Corder stated that the Board must base their opinion strictly by what the Sign Ordinance stipulates. Mr. Grove concurred. Comm. Corder asked if the applicant is charged an additional fee to appeal a decision to the City Council . Mr. Grove replied in the negative. Motion to adjourn at 7:55 P.M. BOARD OF ZONING ADJUSTMENTS MINUTES -January 16, 1984 Page 5 CERTIFICATION I hereby certify that the foregoing minutes of the Board of Zoning Adjustments were approved at a regular meeting. DATE u