HomeMy WebLinkAboutBZA_Minutes_1970_11_09MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING ADJUSTMENTS HELD IN COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, CALIFORNIA, NOVEMBER 9, 1970 Meeting called to order at 7:32 p.m. by Comm. Ostermann, acting chairman in Chairman Richard Will iams1 absence. AGENDA I TEH I: Chairman led in a salute to the Flag. Members present: Convn. Gene Ostermann, Comm. David Lagan, Jr., Cormi. Joe Noble, of the Planning Commission who substituted for Comm. Richard Williams (who was out of trun due to business). Also present was Bud M. Trott, Building Director. Corrvn. Lagan stated that, speaking for the Board, he would I ike to welcome Mr. Trott back from his vacation. AGENDA ITEM 2: A motion was made by Comm. Ostermann, seconded by Comm. Lagan, to approve the minutes of the meeting of October 26, 1970, as submitted. Motion carried unani~ mously. AGENDA ITEM 3: Bud M. Trott, acting as Secretary of the Board, read Agenda Item 3 as follows: 11Application for variance from Jerilou and Roger Cossack, 3422 Hermosa Avenue; Lot 3, Block 101, Shakespeare Tract. Applicant would remove 61 x 81 enclosed porch and wooden stairs on front of single residence and replace with open wood deck and stairs extending 61 x 24' along front of residence approximately 41 above grade and encroaching into required 101 front setback to within 11 J11 of front property line. Existing residence with existing porch encroaches to with-in 11311 of front property 1 ine.11 Board members examined drawings that had been submitted. Chairman was told that there had been no communications received regarding requested variance. Public hearing opened: no one appeared. Public hearing closed. Asked h°"" he felt about the request, Building Director, Bud Trott, stated that he felt the variance could be granted without its having a detrimental effect on anyone. Jean Gleis, 3436 Strand, requested permission from Chairman to make a comment. Receiving permission, she stated that she just wanted to say that the house next door to the one under discussion, has the same kind of encroachment into the front yard setback as the one under discussion would have. After further discussion, a motion was made by Co11Y11. Lagan, seconded by Chairman Ostermann, to grant the request.
PAGE 2 -BOARD OF ZONING ADJUSTMENTS MINUTES OF MEETING OF NOVEMBER 9, 1970 Motion carried by the following vote: AYES: Chairman Ostermann, Comm. Lagan, Convn. Noble NOES: None A motion was made by Chairman Ostermann, seconded by Co1TVT1. Lagan, to adopt B.Z.A Resolution 154-31, granting the request by the applicant for the following reasons: 1. The proposed deck would not change the existing encroachment except at the northerly end of the structure. 2. The open deck and stairs would afford better visibility than the existing porch for the adjoining property owners. 3. 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. Motion carried by the foilowing vote: AVES: Chairman Ostermann, Comm. Lagan, Comm. Noble. NOES: None AGENDA ITEM 4: Agenda item 4 was read as follows: 11Reevaluation, at City Council's request, of B.Z.A. Resolution 154-28 which denies Albert Unruh a variance that would have enabled him to convert an existing single-family residence with a I-car garage into 3 units with the addition of 2 parking spaces, in lieu of the required 3· car garage and I parking stall. Property located at 421 Monterey, Hermosa Beach, Cal i forn i a. 11 Secretary read a memo from the City Council as follows: 11At their regular meeting held on November 4, 1970, the City Council considered the appeal of Albert Wayne Unruh from the decision of the Board of Zoning Adjustments, as set forth in Resolution B.Z.A. 154-28, adopted October 12, 1970, to deny his request for a variance to permit conversion of a single-family residence with a I-car garage, into three units with the addition of two parking spaces in lieu of the required 3-car garage and one parking stall. The action of the City Council was to re-turn th is request to your body for reeva 1 ua ti on. 11 Secretary also read a card received from Mrs. L.Tiefel, 526 Manhattan Avenue, expressing herself as being against granting the variance. Mr. Alfred Unruh, owner of the property in question, appeared before the Board, He said he would like to emphasize that he had a license, issued by the City of Hermosa Beach to operate a triplex. Comm. Lagan pointed out that the original license was obtained fraudulently by the former owner, and the document that Mr. Unruh had in his possession is merely a renewal of that original license. Mr. Unruh stated that he would also like to point out that he had put out more than $4000 into improvements on the property and had the receipts to prove it. •• When asked if, in making those improvements, Mr. Unruh had taken out the necessary building permits, he said that he was not aware at the time that permits were necessary, but was willing to remedy that at any time,
PAGE 3 -minutes of the Board of Zoning Adjustments meeting of November 9, 1970 ColTWTI. Noble said that in order to clarify certain details in his CMn mind, he would appreciate Mr. Trott1s reading the letter analyzing the application, and sent to Board Members September 29, 1970. This Mr. Trott proceeded to do. Convn. Noble asked Hr. Unruh if he had not been furnished with a 11Report of Resident i a 1 Dwel I i ng11 by the se 11 er when he bought the property 1 as t June. Mr. Unruh replied that this was his first purchase of real estate and he did not kno.-J that it was required. Mr. Trott stated that the City does not have a legal obi igation to rectify a misrepresentation suffered by the buyer. He said, however, that there could be the possibility of a moral obligation in the case. He suggested that the commissioners might wish to consider the case from that angle also. Mr. Trott expressed his opinion that it does constitute a hardship case, A member of the Board sugg~sted that the Board is not obligated to remedy every misrepresented sale in the City of Hermosa Beach. Mr. Unruh presented as evidence that the building had been used as a triplex, letters from the former owner. James McKinzte, Dr. Robert Lemaster, a former tenant, Mr. Rudolph Lingenfelder, whose wife had been a tenant at one time, and Mr. Jack l~ise, a former owner. Comm. Lagan stated to Mr. Unruh that if it were simply a variance allowing R-3 usage, it would be a simple matter, but, he said, the case involves more than that, for example: the critical parking problem within the city, the fact that the low ceiling, insufficient square footage~ and several other items, would mean that it would still be far from measuring up to City codes. He also pointed out the fact that if this request were granted, it would be setting a precedent where other property owners cauld demand a variance on the same grounds. Mr. Unruh said that he believed if the commissioners would come out for a personal inspection of the property1 it would make a favorable impression on them; where-upon, the date of November 23, between 4:30 and 5 p.m. was agreed upon for the commissioners to meet with Mr. Unruh on his property at 521 Monterey, to make an inspection of the property in question. A motion was made by Chairman Ostermann, seconded by Comm. Noble, to continue the hearing to the next regular meeting of November 23, 1970. Motion carried by the following vote: AVES: Chairman Ostermann, Comm. Lagan, Comm. Noble NOES: None A motion was made by Comm. Lagan, seconded by Corm1. Noble that the meeting be adjourned to the next regul~r meeting of November 23, 1970, Motion carried unanimously at 8:31 Gene Ostermann, Chairman pro tern l