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RESOLUTION B.Z.A. 154-211
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA
BEACH GRANTING A VARIANCE TO ADD MORE THAN 40% TO AN EXISTING DWELLING
LOCATED AT 33 -16TH STREET, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hennosa Beach, at a public
hearing held on October 4, 1976, in the Council Chambers of the City Hall, consid-
ered the request of Mr. Andrew L. Murray to add more than 40% to an existing single
dwelling encroaching into the required front yard setback to property line, on
property known as Lot 33, Block 17, Hermosa Beach Tract; and
WHEREAS, at said public hearing, the following facts were presented for consideration;
that the applicant wishes to add a second story addition to his existing single resi-
dence; that the existing residence encroaches to property line in his front yard;
that the second story addition is proposed to maintain the same front yard encroach-
ment; and
WHEREAS, at said public hearing, the applicant stated he would like to build stratght
up rather than the five foot setback reconmended; that others on the block have done
the same; that he has the signatures of the people adjoining his lot supporting his
request; and
WHEREAS, at said public hearing, the applicant submitted a petition with signatures
of four neighboring residents supporting his request; and
WHEREAS, at said public hearing, no one appeared to speak in opposition to the
request; and
WHEREAS, after due consideration, it is the opinion of the Board of Zoning Adjustments
'that the variance request is justified, subject to conditions, for the following reasons:
1. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved because, in the judgment of the Board,
setback nonconformities are exceptionable with respect to the 40% rule.
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 other properties
in the same vicinity and zone enjoy legal nonconfonning improvements sim-
ilar to that requested by the applicant.
3. That the granting of such variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located because the variance
will not affect public welfare and the conditions of approval preclude
injury to the properties and improvements in the same vicinity and zone.
4. That the granting of such variance will not adversely affect the compre-
hensive General Plan because no additional dwelling units will be
created.
AND, FURTHER, that the variance is granted subject to the following conditions:
1. That the owner provide the Department of Building and Safety with a deed
restriction at the time of permit issuance stating, in concept, that the
structure shall be used only as a single family dwelling.
2. That there be a five foot setback at the second story, open to the sky
above at least 50%, with the roof coming no closer than 2-1/2 ft. from
the property line.
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PAGE TWO -RESOLUTION B.Z.A. 154-211
33 -16TH STREET, HERMOSA BEACH
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: Conms. Beard, Cummings, Ebey, Chmn. Sims
NOES: None
ABSENT: Comms. Collins, Schutz, Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-211 was adopted by the Board
of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the
15th day of November, 1976.
Dated /~
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