HomeMy WebLinkAboutBZA 154-476RESOLUTION B.Z.A. 154-476
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A VARIANCE ON PROPERTY LOCATED AT
2604 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on August 2, 1982 in the Council Chambers of
the City Hall, considered the request of Mr. and Mrs. Alan Neiger for
permission to add 52.79% to an existing nonconforming two-unit building
that has existing nonconforming setbacks and to maintain the same set-
backs with the new construction; and
WHEREAS, at said public hearing, the following facts were presented for
consideration; that the existing building exceeds the allowable lot cov-
erage, does not provide the required usable open space, although they
will be increasing it from 181 sq.ft. to 280 sq. ft., and does not pro-
vide the required parking; and
WHEREAS, at said public hearing, the applicant stated that the house is
too small for his family, that he needs an additional bedroom and an
office and that the addition will be only on the west side of the house;
the applicant's representative noted that the applicant has some limita-
tions as to his abilities to earn a living and to get around and that
the addition is adapted to his wheelchair uses; he also noted that the
only view that would be interrupted by this addition is from a kitchen
window; and
WHEREAS, at said public hearing,.a petition was submitted containing
signatures of 46 residents in favor of the request, and at the hearing
one neighbor spoke in opposition to the request; and
WHEREAS, after due consideration, it is the opinion of the Board of
Zoning Adjustments that the request is justified, subject to conditions,
for the following reasons:
1. That there are exceptional or extraordinary circumstances or· condi-
tions applicable to the property involved because the property was
built before existing Code; the lot is of an unusual shape; the
property is unusually bounded, having streets on three sides and
commercial property on the fourth side.
2. That such variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and zone, and denied to the property in question
because many other properties in the same vicinity and zone have
been granted variances considered minor by the Board to allow them
to be expanded which would be denied to this property if the Board
did not grant the variance.
3. That the granting of such variance will not be materially detri-
mental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is
located because the use of the property is not significantly changed;
the addition of height does not block the view any more than is well
encompassed in the zoning profile allowed for that property if dev-
eloped as .a new structure; 46 signatures from property owners in
the same vicinity and zone have been received in favor of the pro-
ject; there was some .opposition at the public hearing.
4. The granting of the variance will not adversely affect the compre-
hensive General Plan because it does not change the current use
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, PAGE 2 -RESO~UTION B.Z.A. 154-476
2604 HERMOSA AVENUE
of the property; the deed restriction limits the duration of
the nonconforming use to some extent.
AND, FURTHER, that this variance is granted subject to the following
condition:
1. That a deed restriction be placed on the property stating
that when and if this property is sold, the nonconforming
second unit is to ,,be abated.
NOW, THEREFORE, BE IT RESOLVED, that in view of the above findings of
fact, the Board of Zoning Adjustments ·does hereby grant the variance by
the following vote:
AYES: Comms. Williams, Chmn. Moore
NOES: Comm. Cutler
ABSTAIN: Comm. Merrill
ABSENT: Comms. DeBellis, Ebey, Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-476 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 2nd day of August, 1982.
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