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HomeMy WebLinkAboutBZA_Minutes_1970_10_12MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING ADJUSTMENTS HELD IN COUNCIL CHAMBERS, CITY HALL. HERMOSA BEACH. CALIFORNIA, OCTOBER 12, 1970 Meeting called to order at 7:30 p.m. by Chairman, Richard Williams. Chairman led in salute to the Flag. Members present: Chairman Richard Williams, Conmissioners L.E.Ostermann, and David Lagan, Jr; also Building Depa11r11ent Inspector, Robert Dempsey, and Building Department Secretary, Marie Betcone. (Building Director, Bud M.Trott, was absent due to vacation.) AGENDA ITEM I: A motion was made by Chairman Williams, seconded by Comm. Lagan, to approve the minutes of the meeting of August 24, 1970, as submitted. Motion carried unanimously. AGENDA ITEM 2: Secretary of the Board, L.E.Ostermann, read the application for a variance as fol I ows: "Application for a variance by Albert Wayne Unruh on property located at 421 Monterey. Applicant would convert an existing single-family residence with an existing one-car garage, located in an R-3 zone, into three units, providing two additional parking spaces (8.5 ft. wide by 21 ft. deep), in I ieu of the two-car garage and one parking stal I that would be required.11 Chairman Williams asked if any c01M1unication had been received relative to the requested variance. He was informed that none had been received. Applicant, Mr. Albert Wayne Unruh, was invited to state the reason for the variance request. Mr. Unruh said he had bought the property from Mr. McKinzie last June as an existing 3-unit apartment building, and had obtained a renewal of an apartment house business license shortly thereafter. He said he was, therefore, shocked to be notified that he was in violation. He said he would never have purchased the property had he had any inkling that it was not a legal apartment house. Mr. Unruh presented as proof that the building had been used as a 3-unit apart-ment house, letters from Dr. Robert Lemaster, a former tenant, and Mr. Rudolph Lingenfelder, whose wife had been a tenant at one time. Mr. Unruh also read a letter from Mr. Jack Wise concerning R-3 use of the structure sometime in the past during a period when Mr. Wise had owned the property. Building Inspector, Robert Dempsey, stated that its use an an apartment building was illegal as it was built as a single-family dwelling and no permits were ever issued for its conversion from a single-family residence into a 3-unit apartment bu i Id i ng. Mr. Dempsey further stated that Mr. Unruh was advised that the building and premises, as it exists, could not be approved as an apartment house because it ., PAGE 2 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF OCTOBER 12, 1970 does not conform to building codes. He said that Mr. Unruh was informed that if the B.Z.A. did grant the request for a zoning variance for a 3-unit apart-ment house, then Mr. Unruh would have to go before the Board of Appeals and request a modification of the City's Building Codes. Mr. Unruh denied ever having been notified that he would have to appear before the Board of Appeals. Building Department Secretary, Marie Betcone, verified Mr. Dempsey's statement of the notification, giving more details as to time and place when applicant was notified by Mr. Trott. Mrs. Betcone stated that the determination the B.Z.A. must make would be with respect to variance from required parking and not with the building code require-ments. Mr. Dempsey said a 3-unit apartment house required four parking spaces according to present code and there was absolutely no way to get four in. Mr. Unruh said he was not clear as to the exact duties of the Board of Zoning Adjustments. He was informed that the Board was created for the purpose of dealing with zoning problems only, such as lot splits or variances, and does not deal with building code modification or violations. Mr. Unruh asked for proof that the building had been used as a single family dwelling. Mr. Dempsey replied that Mr. Unruh had his word as a building inspector for the City of Hermosa Beach. Mrs. Betcone pointed out that the seller did not furnish the buyer, Mr. Unruh, with a 11Report of Residential Owel I ing11 as provided for under the law commonly known as the 11Truth in Real Estate" law. This report would have supplied the information that the Building Department records indicated a single-family residence, and Mr. Unruh would have kno.,.,n this prior to close of escrow. Corrm. Lagan convnented that it appeared to him as if the buyer had grounds for a civil suit and he sympathized with him, but, he said, the function of the Board of Zoning was not for the purpose of righting a misrepresentation by the seller. Mr. Max Strehler, a neighboring property owner, asked if the duplex on the lot just north of Hr. Unruh's property was legal. Hr. Dempsey told him that it is a legal duplex with a J-car garage in the rear. Chairman Williams asked if anyone else would like to appear for or against the variance. No one appeared. Puhl ic hearing closed at 8:08 p.m. After a short discussion by Board Members, Cornn. Lagan, seconded by Chairman Williams, made a motion that the application for a variance be granted as re-quested by Mr. Unruh. Motion failed to carry by the following vote: AYES: None NOES: Chairman Williams, ColMI. Ostermann, Corml. Lagan. PAGE 3 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF OCTOBER 12, 1970 A motion was made by Chairman Williams, seconded by Convn. Ostermann, to adopt B.Z.A, Resolution 154-28 denying a variance to Mr. Unruh on property at 421 Monterey for the follo,,ilng reasons: 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property Involved. 2. It appears that the structure was built to be used as a single-family residence and that the previous owner used the dwelling as a single-family residence. 3. It has not been shown 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. Motion carried by the following vote: AYES: Chairman Williams, Comm. Osterman, Comm. Lagan NOES: None Mr. Unruh was informed that his variance had been denied bwt he had the right to appeal to the City Council within 10 days if he so desires. A motion was made by Comm. Lagan to adjourn to the next regular meetjng of October 26, 1970. No objections. Meeting adjourned at 8:13 p.m. L.E. Osterman, Secretary l