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HomeMy WebLinkAboutBZA_Minutes_1972_01_03MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING ADJUSTMENTS HELD IN THE COUNCIL CHAMBERS OF THE CITY HALL, HERMOSA BEACH, ON JANUARY 3, 1972 AT 7:30 P.H. Meeting called to order by Vice-Chairman Mitchell Basila at 7:37 p.m. Pledge of allegiance led by Vice-Chmn. Basilao ROLL CALL: Present: Comms. Lee Alton, Mitchell Basila, Clayton Schubert, Richard W i 11 i ams Absent: Chmn. Gene Ostermann AGENDA ITEM I: Approval of minutes from regular meetings of December 14, 1971 and December 20, 1971. Commo Schubert asked that a correction be made for clarification purposes to the final paragraph of the minutes of December 20, 1971, which read as fol lows: 11The Board pointed out to Mr. Webb that if he was opposed to the subdivision of this parcel, he should register his complajnt with the Planning Conmission when they meet to consider the matter.11 It should be changed to read: 11The Board pointed out to Mr. Webb that their action on this variance was a reverse lot spl It, making two parcels out of one large parcel and fifteen individual lots. If, in the future, the property Is sold and the buyer wishes to submit a subdivision request, it would be considered by the Planning Convnission, at which time Mr. Webb could appear and express his opposition to the request." ColTlrl. Schubert made a motion, seconded by Conm. Williams, that the minutes of the December 20, 1971 meeting, as corrected, and the minutes of the Decem-ber 14, 1971 meeting be approved. AYES: Conwns. Basila, Schubert, Williams NOES: None ABSTAIN: Co11111. Alton(arrived at 7:40 p.m. & missed minutes discussion) ABSENT: Comm. Ostermann AGENDA ITEM 2: Secretary of the Board, Lee Alton, read Agenda Item 2 as follows: 11Appl ication for a variance from Mr. and Mrs. Howard B. Lawson on property located at 900 Strand. legally described as Lot I, Block 10, Hermosa Beach Tract. Applicants request a variance to close off one garage of a three-car garage. Said garage to be closed off will be used for storage.11 No correspondence from property owners. Pub I ic hearing opened at 7:41 p.m. Mr. Howard B. Lawson, applicant, appeared before the Board. He asked if the Board had read the letter he wrote December 20, 1971 setting forth ais reasons for asking for the variance. He was advised that each director had received a copy of the Jetter at the time their agendas were malled to them. His letter stated that his wife is an artist and interior decorator and used the closed off garage to store her art supplies and the decorator items she purchases for cl ients1 homes. He also stated that adjacent to his property there is some City owned property with space for the parking of two cars, and this area along with the two remaining garages on his property provided l, parking for four automobi 1 es. In answer to a question from the Board, Mr. Lawson said he had two automobiles which he parked in the two garages and his tenant had one car and parked in one of the city-owned spaces. PAGE 2 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING HELD JANUARY 3, 1972 Public hearing closed at 7:50 p.m. The Board discussed the problems that would arise should they grant a variance to close off a garage, no matter how valid the reason for closing it off. In the first place, the City owned spaces are for the use of any citizen who requires it land cannot be considered the private parking area of any one homeowner. Secondly, it would set a precedent that would allow other homeowners to apply for the same right, which would increase the overcongested parking situation already existing within the City. A motion was made by Comm. Alton, seconded by Convn. Williams, to grant the variance. AVES: None NOES: Com:ns. Alton~ Basiia, Schubert, Williams ABSENT: Convn. Ostermann Convn. Williams made a motion, seconded by ConTII. Basila, to adopt Resolution BZA 154-59 denying a variance to Hro and Mrs. Howard B. Lawson to close off one garage of a three-car garage. Variance denied for the following reasons: 1. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved. 2. That such variance is not necessary for the preservation and enjoy-ment of a substantial property right possessed by other property In the same vicinity and zone, and denied to the property in question. 3. That the granting of this variance would be materially detrimental to the public welfare and injurious to the property and improvements in such vicinity and zone because it would be adding to the overly congested parking situation that now exists in that area. Motion carried by the following vote: AYES: Convns. Alton, Basila, Schubert, Will lams NOES: None ABSENT: conwn. Ostermann The Chairman thanked Hr. Lawson for appearing and advised him of his right to appeal the Board's decision to the City Council within ten days from this date. AGENDA ITEM 3: Secretary of the Board, Lee Alton, read Agenda Item 3 as follows: ''Application for a variance from Mr. Jim Cariker on property located at 527 Monterey Boulevard, legally described as Lot 20, Tract 1074. Applicant requests permission to construct a duplex with four garages, two accessible stalls and two tandem stalls, in lieu of three accessible parking stalls required.11 No correspondence from property owners. Public hearing opened at 8:00 p.m. Mr. Jim Cariker, applicant, appeared before the Board. He said the reason he wished to build his duplex with two accessible stalls and two tandem stalls alJ enclosed l PAGE 3 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING HELD JANUARY 3, 1972 instead of two accessible enclosed stalls and one open stall was to provide enclosed parking for his tenants and still have room for his car and a boat in enclosed parking. Appearing in opposition to the request was: Mr. Max Strehler, 515 Monterey Blvd. and Frances Parker, 521 Loma Drive Their concern was that the additional enclosed parking could easily be converted into a 11bootleg11 unit at some future time by a subsequent owner and asked what guarantee could be given that this wouldn1t happen. The Board said the law was the best pro-tection against this occurrence, and also that the City now requires a Residential Building Report be acquired from the Building Department and given to the buyer sh<M-ing building records, legal usage, etc. on each property sold. Mrs. Parker said she was glad to know the City is trying to eliminate as much misuse of garage areas as possible. Pub) ic hearing closed at 8:12 p.m. Following a brief discussion, a motion was made by ColTVll. Schubert, seconded by CO!l'V11. Alton, to grant the variance. AYES: Convns. Alton, Schubert, Williams NOES: Comm, Basila ABSENT: Corrrn. Ostermann Convn. Schubert made a motion, seconded by Conm. Williams, to adopt Resolution BZA 154•60 granting a variance to Mr. Jim Cariker to construct a duplex with four garages, two accessible stalls and two tandem stalls, in lieu of three accessible parking stalls required. Variance to be granted for the follONing reasons: l. That there are exceptional or extraordinary circumstances and conditions applicable to the property involved. 2. That the granting of this 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 I ocated. 3. That the granting of such variance will not adversely affect the comprehensive general plan. 4. The granting of this variance will provide an advantage and will add to the relief of the overcongested ·parking situation that n0,r,1 exists within the area. Motion carried by the following vote: AYES: Comms. Alton, Schubert, Williams NOES: Comm, Basila ABSENT: Comm. Ostermann PAGE 4 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING HELD JANUARY 3, 1972 AGENDA ITEM 4; Secretary of the Board, Lee A 1 ton. read Agenda Item 4 as follows: 11App l i cation for a variance from Mr. Harry Snyder on property located at 28 -20th Street, legally described as Lot 9, Block 20, Hermosa Beach Tract. Applicant requests permission to add two additional parking stalls for a duplex in lieu of providing 400 sq. ft. of outdoor space. Said duplex would have a total of five parking stalls.11 No correspondence from property owners. Public hearing opened at 8:22 p.m. Mr. Harry Snyder, applicant, appeared before the Board. He stated that he is pres-ently in the framing stage of construction on a duplex at 28 -20th Street. It was recently discovered by the Building Department that they had overlooked the fact that although he was only building a duplex it was on an R-3 lot and, therefore, required 400 sq. ft. of open area to meet code requirements. He would prefer to add two addi-tional parking stalls in I ieu of the required open space. Bud Trott showed the Board the plans for the duplex and explained that Kr. Snyder could knock out two walls on the rear and meet the requirements, but that this would serve no logical purpose. He pointed out to the Board that this property is on a walk street and the alley in the rear is only 20• wide, therefore no street parking is available. Mr. Trott added that it is the City1s pol Icy where there is a walk street. to allow the homeowners to fence in the extra 201 depth in front which gives the property 600 sq. ft. of open space. He feels the parking would be more beneficial than an additional 400 sq. ft. of open area which would be located at the rear of the property adjacent to the 201 alley and which, in ·all probability, would be used for parking in lieu of open area use. Public hearing closed at 8:27 p.m. After discussion in which the Board expressed the op1n1on that if it were not a "hard-ship case" they would be reluctant to grant such a variance, Comm. Williams made a motion, seconded by Comm. Basila, to grant the variance. AYES: Convns. Alton, Basila, Schubert, Williams NOES: None ABSENT: Comn. Ostermann Co1T111. Williams made a motion, seconded by COlffll. Alton, to adopt Resolution BZA 154-61 granting a variance to Mr. Harry Snyder to add two additional parking stalls for a duplex in lieu of providing 400 sq. ft. of outdoor space. Variance granted for the following reasons: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved. 2. 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 1 ocated. PAGE 5 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING HELD JANUARY 3, 1972 3. That the granting of this variance will not adversely affect the corJl)rehensive general plan. 4. The adding of the two additional garage spaces will relieve the overcongested parking situation now existing in the area. 5. The deletion of the usable outdoor space will not be critical to the property involved or to the properties within the vicinity, the property being so 1ocated as to have access to 600 sq. ft. of usable space of City property which is enjoyed by all prop~ erties in the vicinity. Motion carried by the follo.,,,lng vote: AYES: Conms. Alton, Basila, Schubert, Williams NOES: None ABSENT: Consn. Ostermann Meeting adjourned at 8:45 p.m. c?Lee Alton~ Secretary Vice-Chairman