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HomeMy WebLinkAboutBZA_Minutes_1971_07_07MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING ADJUSTMENTS HELD IN THE COUNCIL CHAMBER OF THE CITY HALL, HERMOSA BEACH, ON JULY 7, 1971, at 7:30 P,M. Meeting called to order at 7:32 p.m. by Chairman Richard Williams Pledge of allegiance led by Chairman Williams. ROLL CALL: Present: Comrns. Lee Alton, Mitche11 Basila, Gene Ostermann, Clayton Schubert, Chairman Richard Williams, and Building Director Bud Trott. Absent: None AGENDA ITEM 1: The minutes of the meeting of June 7, 1971 were approved unanimously. AGENDA ITEM 2: Secretary of the Board, Gene Ostermann, read Agenda Item 2 as follows: "Application of Jack W. Rathbun, owner, Bob1s Big Boy Restaurant, lessee, for a variance on prop-erty located at 1025 Pacific Coast Highway, legally described as Lot I, Block 2, Tract 6851, and Lots 1, 2, and 3, Tract 223. Applicant wishes to install a statue, which under the sign ordinance falls into the category of a 11sign11, at a ground level of zero feet in 1 ieu of a minimum height of 8 ft. high from the bottom of the sign to the existing or finished grade, whichever is the lesser." Bud Trott reported there was no correspondence from property o.,.,ners. Public hearing opened at 7:37 p.m. Douglas Warren, corporate officer of the tenant, Bob's Big Boy Restaurants, appeared before the Board. He stated that the statue was installed on the property prior to the discovery that it was in violation of the City1s sign ordinance. He mentioned that the statue has been a symbol of the Bob's Big Boy Restaurants for the past 25 or 30 years and he felt an aesthetically attractive one. In answer to a question by Comm. Alton, Mr. Warren replied that all of the Bob1s Big Boy Restaurants had their statues installed at ground level and were alike in color scheme as well. Public hearing closed at 7:43 p.m. Mr. Trott pointed out to the Board that they were only concerned with approval or disapproval of the height above grade level of the statue, and that if approved, applicant would still have to go before the Planning Commission for approval of the colors of the statue. After a discussion between the Board members, Comm. Basila made a motion, seconded by Comm. Alton, that the variance be granted. AYES: Comms. Alton, Basila, Ostermann, Schubert, Chairman Williams NOES: None A motion was made by Conrn. Ostermann, seconded by Chairman Williams, to adopt Resolu-tion BZA 154-46 granting a variance to permit Bob1s Big Boy Restaurants to install a sign 11statue11 at a ground level of zero feet in lieu of required minimum height of PAGE 2 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF JULY 7, 1971 eight feet high from the bottom of the sign to the existing or finished grade. Variance to be granted for the following reasons: 1. The granting of this variance will not be detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 2. The granting will not adversely affect the comprehensive general plan. 3. There are exceptional circumstances inasmuch as the statue is the Bob1s Big Boy trademark and is used at all other locations in a similar fashion. The statue would be legally conforming if it were to be raised to the eight foot level, but at this level it would appear to be more of a distracting influence on passing vehicles than at its present zero ground level location. Motion carried by the following vote: AYES: Comms. Alton, Basila, Ostermann, Schubert, Chairman Williams NOES: None AGENDA ITEM 3: Secretary of the Board Gene Ostermann, read Agenda Item 3 as follows: 11Application of Jerome Weinberg for a variance on property located at 339 Pacific Coast Highway, legally described as the easterly 701 of Lot 23, Walter Ransom Co.'s Venable Place Tract. Applicant requests waiver of parking requirement for approximately 1400 sq. ft. of floor area which is being converted from residential use into co1M1ercial use on second floor of building which has commercial use on first floor and which is located in a C-3 zone.11 The Board was informed thijt no correspondence had been received from property owners. Public hearing opened at 7:50 p.m. Chairman \1illiams asked if anyone in the audience wished to speak in favor or in opposition to the variance. No one appeared. Public hearing closed at 7:51 p.m. The Board discussed the parking problem existing in that immediate area, Comm. Schubert expressed concern over the lack of parking. Coovn. Basila mentioned that there was a public parking lot approximately one block away. Bud Trott said that the biggest share of adjacent corTVllercial establishments are under no parking requirement, and he felt it was to the benefit of the city to get rid of the residential in this area as much as possible, and that the Board should consider this aspect also in making their decision. Chairman Williams said he would rather see the transient customer parking than the four or five cars parked permanently belonging to the tenants I iving on the second floor of the building. Arriving late for the hearing, the applicant, Jerome Weinberg, stated that he has had nothing but problems with the tenants in the 2nd floor residential above the 1st floor PAGE 3 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF JULY 7, 1971 commercial, even to the point of creating a fire hazard. He would I ike to rent the 2nd floor to his 1st floor comercial tenant for office, storage and display purposes which should not increase the parking difficulty to any large degree. The Board pointed out to Mr. Weinberg that if they granted the variance, once the second floor became conmercial. it could not be returned to residential in the future. Mr. Weinberg indicated he was aware of this fact. A motion was made by Corrm. Alton, seconded by Chairman Williams, that the variance be granted. AYES: Comms. Alton, Basila, Ostermann, Schubert, Chairman Williams NOES: None Chairman Williams made a mation, seconded by Convn. Schubert, to adopt Resolution BZA 154-47 granting a variance to Jerome Weinberg waiving parking requirements for approximately 1400 sq. ft. of floor area which is being converted from residential use into convnerciat use on second floor of a building which has commercial use on first floor and which is located in a C-3 zone. Variance to be granted for the following reasons: I. There is an exceptional circumstance applicable to this property, since the property is presently a mixed use, and the residential on the upper floor is a nonconforming use which does not furnish any parking other than street parking. The conversion to commercial use would therefore be the appropriate use for this zone. 2. Granting this variance would not be materially detrimental to the pub-lic welfare or injurious to the property or improvements in the vicin-ity. 3. Granting of this variance would not adversely affect the comprehensive general plan. 4. Granting of this variance would substantially fulfill the required sha.,.,ing for variance since other property owners in the vicinity enjoy full corrrnercial use of their property, and to deny the variance on the basis of the parking requirement would leave the property as a mixed use, with the nonconforming residential use presently existing, and no parking facilities, other than street parking. 5. There is a public parking lot within a block of the structure, which could be used to furnish the necessary parking. Motion carried by the following vote: AYES: Comm. Alton, Basila, Ostermann, Schubert, Chairman Williams NOES: None AGENDA ITEM 4: Secretary .of the Board, Gene Ostermann, read Agenda Item 4 as follows: 11Appl ication of Kenneth Komick and David Larson for a variance on property located at 721 Monterey Blvd., legally described as the northeasterly 501 of Lot 5 and all of Lot 6, Block B, PAGE 4 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF JULY 7, 1971 Tract 860. Applicants request a variance to side setbacks on site that consists of one full lot and half of adjoining lot, with a front width of 501 and rear width of 251• Request sideyard setback of 3 ft. in lieu of required 5 ft. at a point beginning 50 ft. back from front 1 ine of site and continuing to rear setback.'1 Building Director Trott reported no correspondence from property o.,.,ners. Public hearing was opened at 8:17 p.m. Kenneth Komick, one of the applicants, appeared before the Board. He stated that he was willing to comply with the required 51 setback on the front 501 width of the property, but that if he was required to maintain the 51 setback on the back 251 width of the property, he would have an unattractive narrow 151 building. He added that it was his practice to try to provi.de two parking spaces for each unit rather than the required 1½ parking spaces to help alleviate parking problems around his apartment buildings wherever possible, and if he had to build the narrower building it would cut down the amount of parking he could provide. Bud Trott pointed out that if the lot were reversed with the narrader portion of the lot being on Monterey, the applicants would be allowed a 31 setback on the entire lot without the necessity of obtaining a variance. In answer to a question by Comm. Alton as to how much eave and stairway encroachment was allO{;'ed into side-yard, Mr. Trott stated that a 301 distance from property I ine must be maintained. Chairman Williams asked if there was anyone present who wished to speak either for or against the variance. Mr. Kent Deigaard, 722 Bayview Drive, came forward to speak in opposition to the granting of the variance. He stated that he lives on the lot immediately adjacent to the subject property, and he was concerned that the proposed building would cut down the I ight, ventilation and privacy to his property. Chairman Williams pointed out that the half of Mr. Komick1s property in question was in itself a legal lot site, and could go three stories in height if developed alone. Mr. L. E. Haser, 750 Monterey Blvd., also spoke in opposition. He stated that he felt the present ordinance should stand, as he feel~ the buildings in that area are too close together even with a 51 sideyard. He feels it would be better for the City and the people 1 iving around there not to allow large apartment buildings, etc., and he would rather see single family residences. Mr. Moser stated that parking in that area is a terrible problem and he would rather the Board did not grant the variance. Mr. Komick said that Mr. Moser's points were valid, but the City is trying, wherever possible~ to join lots together and get away from sall building structures. If the variance is not granted, he will just split the lots and build on each one separately. He says he is planning it this way to make a better looking building. Mr. Kemick also mentioned that Mr. Deigaard said he had a 31 setback on ~ls own property next door, and he does not feel he should be penalized by paper work just because he is joining the lots together. Public hearing closed at 8:47 p.m. PAGE 5 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF JULY 7, 1971 After further discussion regarding parking facilities by the Board, Co[ffll. Alton made a motion, seconded by Chairman Williams, to grant the variance. AYES: Comm. Alton, Basila, Ostermann, Chairman Wil Iiams NOES: None ABSTAIN: Corrvn. Schubert Cormt. Alton made a motion, seconded by Chairman Williams, to adopt Resolution BZA 154-48 granting to Kenneth Komick and David Larson a variance to side setbacks on site that consists of one full lot and half of adjoining lot with a front width of 50 feet, and rear width of 25 feet. Side setback of 3 ft. in I ieu of required 5 ft. at a point beginning 50 ft. back from front line of site and continuing to rear setback. Variance to be granted for the following reasons: I. There is an exceptional circumstance applicable to subject ·property. If the wider portion of the property were located at the rear of the site, then the sideyard setback would have been determined on the basis of a twenty-five foot wide front, and the side setback would be three feet, rather than the five feet no.v required. 2. The granting of this variance will not be detrimental or injurious to surrounding properties. 3. The granting of this variance will not adversely affect the compre-hensive general plan. Motion carried by the following vote: AVES: Comm. Alton, Basila, Ostermann, Chmn. Williams NOES: None ABSTAIN: Cormt. Schubert Building Director Bud Trott advised the people that were objecting to the granting of the variance that they had the right to appeal the decision of the Board of Zoning Adjustments to City Council in writing within ten days. AGENDA ITEM 5: Agenda I tern 5 was read as follows: 11E l ect ion of Off icers11• Meeting declared open for nominations for Chairman of the Board of Zoning Adjustments. Clayton Schubert nominated Gene Ostermann for Chairman. A motion was made by Mitchell Basila. seconded by Lee Alton, that nominations for Chairman be closed. Gene Ostermann elected Chairman by a unanimous vote. Meeting declared open for nominations for Vice-Chairman. Lee Alton nominated Mitchell Basila for Vice-Chairman. Gene Ostermann moved, Dick Williams seconded, that the nominations be closed. Mitchell Basila elected Vice-Chairman by a unanimous vote. Gene Ostermann announced he would appoint the Secretary of the Board at the next meet i ng on J u 1 y 1 9. PAGE 6 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING OF JULY 7, 1971 POST AGENDA ITEM: Bud Trott introduced Jim Roberts, President of the Hermosa Beach Chamber of Co1W11erce. Mr. Roberts said he had attended the meeting to get acquainted with the Board members and to compliment them on doing a fine job. Chairman Williams thanked Mr. Roberts for coming. Meeting adjourned at 9:21 p.m. lei---' L. E. Ostermann, Secretary