HomeMy WebLinkAboutBZA_Minutes_1972_04_03MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONJi~G ADJUSTMENTS HELD IN THE COUNCIL CHAMBERS OF THE CITY HALL, HERMOSA BEACH, APRIL 3, 1972 AT 7:30 P.M. Pledge of allegiance led by Chairman Ostermann Meeting cal led to order at 7:31 p.m. ROLL CALL: Present: Comms. Lee Alton, Mitchell Basila, Clayton Schubert, Richard Williams, Chairman Ostermann Absent: None AGENDA ITEM 1: Approval of minutes. minutes of the March AYES: Comms. Alton, NOES: None Comm. Basila made a motion, seconded by Comm. Williams, that 20, 1972 meeting be approved. Bas i la, Schubert , W i l 1 i ams ABSTAIN: Chmn. Ostermann (absent due to business on 3/20/72) AGENDA ITEM 2: Secretary of the Board, Lee Alton, read Agenda Item 2 as follows: 11Continued hearing on app 1 i cat ion for a variance from Mr. Robe rt W. Mason on property I oca ted on 24th Street between Ozone Court c1nd Myrtle Avenue, legally described as Lot 27, Tract 1031 ,11 No correspondence from property owners. Pub] ic hearing re-opened at 7:35 p.m. Applicant, Mr. Robert W. Mason, 133 -34th Street, appeared before the Board, He stated he had read the four required showings for a variance as set forth in Section 1402 of the Zoning Ordinance and would 1 ike to read a statement he had prepared show-ing how he felt each was applicable to his request. (I) That there are exceptional or extraordinary circumstances or conditions appl i-cable to the property involved. Mr. Mason said he had done a survey from the plat book and had found that only 13 out of 96 properties in the surrounding area were under the required 2400 sq, ft. area for R-2 development. Out of the 13 lots, seven had been split, thereby making the same density as R-2. He said the entire neighborhood beyond this 300 sq. ft. perimeter was developed as duplexes. (2) That such variance is necessary for the preservation and enjoyment of a sub-stantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. Mr. Mason stated that since the last hear-ing he had had a survey done on his property and had found his property was only 2 sq.ft. short of the required lot area, which amounted to appro)dmately ½ 11 along the easterly property line. (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. Mr. Mason stated that in answer to the arguments of those opposed based on increased parking problems, he would be able to comply with the present code which requires l½ garage spaces per unit.
PAGE 2 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING, APRIL 3, 1972 (4) That the granting of such variance ,,.,,jJJ not adversely affect the comprehensive general plan. Mr. Mason stated the area in question is shown for medium density on the general plan and is intended for duplex type development. Mr. David Baskerville, 302 -25th Street, a neighboring property owner. spoke in favor of granting the variance, He said the area involved is R-2 oriented, and he doesn1t feel it is detrimental to allow Mr. Mason R-2 development of his property. Speaking in opposition to granting the variance: Mr. James Miller, 2415 Myrtle Avenue. Mr. Miller cwns the property immediately adjacent to the lot in question and says his view would be affected, as well as creating a parking situation and increasing traffic in the area, He stated that he aJso feels R-2 development leads to bootlegging additional units more than R-1 development. Mrs. Louis Ebey, 2466 Myrtle Avenue, said she opposes granting the variance as a matter of principle. She pointed out that much of the property in the north end of town is comprised of undersize R-2 lots that can never be used as anything but R-1. Public hearing closed at 7:48 p.m. In discussion that followed, several points were brought out. One, that R-2 usage conforms to the genera 1 pl an which indicates medium density in this area and, t1aJo, that the Building Department issues building permits based on the 11Jot of record11 not the "lot of measurement''. Jn this case, the 11lot of record" shows an area of 2392.7 sq. ft. and the "lot of measurement" sh(J\,1/s an area of 2398 sq. ft. Comm. lililliams pointed out to the other commissioners that as far as Mr. Miller1s objection to losing his view, even R-1 development of the lot would block his view. and the question of parking was meaningless because Mr~ Mason had shown he could provide the required 1½ garage spaces per unit as required under the code. Comm. Basila made a motion, seconded by Comm. Alton, to grant the variance. AYES: Comms. Basila, Williams NOES: Comms. Alton, Ostermann, Schubert Chmn. Ostermann made a motion, seconded by Comm. Alton, to adopt Resolution BZA 154-73 denying a variance to Mr, Robert Mason for the fol lowing reasons: 1 . 2. 3. That there are not exceptional or extraordinary circumstances or conditions applicable to the property involved. 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. That the granting of such variance 1,,ii 11 be detrimental to the pub! ic welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. carried by the following vote: Mot ion AYES: NOES: Comms. Alton, Schubert, Ostermann Comms. Basila, ~Jil 1 iams
PAGE 3 -MI NU TES OF THE BOARD OF ZONING ADJUSTMENTS MEET I NG, APRIL 3, 1972 AGENDA ITEM 3: Secretary of the Board, Lee Alton, read Agenda Item 3 as fol lows: 11Appl ication for a variance from Messrs. Jean Jacques Loire and Edward J. Bien on property located at 601 Pacific Coast Highway, legally described as Lot I and South 23 ft. of Lot 2, Tract 8525. Applicants request a variance to erect a commercial structure, said building to be erected on the property 1 ine adjacent to an alley ln lieu of the required setback of 31 from said al ley.11 No correspondence from property owners. Mr. Trott explained that there was at present a free standing block wall which was constructed on the property 1 ine to the rear and north approximately 2½ years ago. He said this wall is structurally sound and wil I support a building. Mr. Trott stated that the intent of the ordinance in providing a 31 setback from an alley on a commercial building was mainly for trash pickup services and since this particular property is located on a corner and borders an alley as well as a street, the pickup service would be from the street side and not from the alley side. Public hearing opened at 8:10 p.m. Mr. Edward Bien, 4200 Artesia Boulevard, Torrance, one of the applicants, appeared before the Board. He said he was there to answer any questions the Board might have. He explained he had already received a Conditional Use Permit from the Planning Com-mission to erect an automobile showroom at this location. No one appeared in opposition to the variance. Public hearing closed at 8:15 p.m. Following a brief discussion, Comm. Williams made a motion, seconded by Comm. Alton, to grant the variance. AYES: Comms. Alton, Basila, Ostermann, Schubert, Williams NOES: None Comm. Basila made a motion, seconded by Comm. Ostermann, to adopt Resolution Bz.il, 154-7!_+ granting a variance to Messrs. Jean Jacques Loire and Edward J. Bien for the foilo1r,ing reasons: l. There are exceptional or extraordinary circumstances or conditions applicable to the property involved. 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, 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 lthe property is located, 4. That the granting of such variance will not adversely affect the comprehensive general plan.
PAGE 4 -MINUTES OF Tl-£ BOARD OF ZONING ADJUSTMENTS MEETING, APRIL 3, 1972 Motion carried by the following vote: AYES: Comms. Alton, Basila, Ostermann, Schubert, Williams NOES: None AGENDA ITEM 4: Secretary of the Board, Lee Alton, read Agenda Item 4 as follows: "Application for a variance from Kings Cellar, Inc. on property located at 3216 Manhattan Avenue, legally described as lots 1 and 3, Block 118, Shakespeare Tract. Applicants reqL~st a variance to use existing building for warehouse storage of liquor supplies for Kings Cellar Inc. stores located at 3232 Manhattan Avenue." No correspondence from property owners. Mr. Trott explained that when Hr. Weller acquired this property several years ago, this building was already in existence on the property and had formerly been used for garage repair. He added that it had just recently come to the attention of the City that he was in violation of the Zoning Ordinance, and Mr. Weller had been requested to either cease the operation or secure a variance from the Board of Zoning Adjustments. Public hearing opened at 8:20 p.m. Mr. Stan Weller, 3232 Manhattan Avenue, Hermosa Beach, appeared before the Board. He said he had been using the building on his property at 3216 Manhattan Avenue as a storeroom for the past six or seven years. He added that several months ago he had moved a temporary trailer onto the property to use for offices and for gift wrapping, etc. Shortly thereafter, the Building Department sent out an Inspector in answer to a complaint about the trailer, and it was at that time the Zoning violation was discovered, Mr. Weller said he had received permission from the Planning Commission to keep his trailer temporarily provided he \'las able to obtain a variance from the BZA for his warehouse storage facilities. In answer to a question from the Board, Hr. Trott explained that the warehousing and storage use of this building was in violation of the code because it was on a separate lot from the store it was serving and, under the C-l regulations, storage space for a retail business had to be located on the same lot as the retail business. Chmn. Ostermann asked if anyone in the audience wished to speak on this variance. Mrs. Howard Jackson, 2032 Myrtle Avenue, said she owned a nearby coin laundry and was present primarily to find out what Mr. Weller was asking for a,,d was not nec-essarily against his reqt.est. Mr. Henry Tempest, 218 -33rd Street, asked Mr. Weller if more trucks would be pick-ing up and delivering from this location and was told that in all probability there would be --at least until their nei,,1 central warehouse downtown was completed. Mr, Tempest said this was a hazardous corner and the trucks increased the problem, Public hearing closed at 8:35 p.m.
PAGE 5 -MII\IUTES OF THE BOARD OF ZONING ADJUSTMEtHS MEETING, APRIL 3, 1972 Comm. Alton said, if granted, he would like to see a five year time 1 imit on the variance. Comm. Basila added that he would I ike to see a provision that the trash area must be enclosed. Motion by Comm. Alton, second by Comm, Basila, to grant the variance. AYES: Comrns. Alton, Basila, Ostermann, Schubert, Williams NOES: None Comm. Alton made a motion, seconded by Chmn. Ostermann, to adopt Resolution BZA 154-75 granting a variance to Kings Cellar, Inc. subject to the following provisions: I, That the building not be enlarged for any future expansion of storage area. 2. That the building be repainted in order to make the general appearance of the area more acceptable to the adjoining prop-erties and the general public. 3. That provision be made to screen trash containers from public view with a 61 high sol id enclosing material. 4, That variance is granted for a maximum time period of five yea rs. S. That if this building is removed or put into another use that would be in compliance with the Zoning Ordinance, the variance would become null and void at that time. ANO FURTHER, that this variance is granted for the following reasons: I. That this type of operation would not be more obnoxious, haz-ardous or detrimental to the particular district than other businesses that are allowed in this zone. 2. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the prop-erty or improvements in such vicinity and zone in which the property is located. 3. That the granting of such variance will not adversely affect the comprehensive general plan. Motion carried by the following vote: AYES: Comms. Alton, Basila, Ostermann, Schubert, Williams NOES: None
PAGE 6 -MINUTES OF Tl-IE BOA~D OF ZONING ADJUSTMENTS MEETING, APRIL 3, 1972 AGENDA ITEM 5: Secretary of the Board, Lee /-\lton, read Agenda Item 5 as follows: "Application for a variance from Mr. and Mrs. Warwick Castle on property located at 537 -24th Place, legally described as Lot 8, Block 2, Hermosa Park Tract. Applicants request a var-iance to add to an existing single family residence having nonconforming sideyards of 316" in lieu of required 5'. Said addition to be over 40"/4 of the existing floor area. New Addition v-iill maintain the required S' sideyard setback." No correspondence from property owners. Mr. Trott explained that subject building was constructed in 1955 and, at that time, only required 31 sideyards in lieu of 10% of the width of the lot. He added that the building is in good condition and has many years of I ife left. He said the new addi-tion will be maintaining the required 5' setback. Public hearing opened at 8:53 p.m. Mr. Larry Bates, representative of Cedar Pine Construction Corporation, 11048 E. Wash-ington Boulevard, Whittier, the contractors, appeared before the Board, He submitted plans for the addition and answered questions from the Board. Public hearing closed at 8;55 p.m. Motion by Comm. Schubert, second by Comm. Alton, to grant the variance. AYES: Comms, Alton, Basila, Ostermann, Schubert, Williams NOES: None Comm. Schubert made a motion, seconded by Chmn. Ostermann, to adopt Resolution BZA 154--76 granting a variance to Mr. and Mrs. Warwick Castle for the foll01~ing reasons: 1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved. 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. 3, 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 located. 4. That the granting of such variance will not adversely affect the comprehensive general plan, Motion carried by the following vote: AYES: Comms. Al ton, Basila,' Ostermann, Schubert, \.Ji 11 iams NOES: None
I ' PAGE 7 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING, APRIL 3, 1972 POST AGENDA ITEM: Lee Alton distributed copies of the March 27, 1972 Planning Commission minutes to the other Board members for their review and comment. There was some discussion on the portion of the minutes pertaining to the BZA, and it was decided that the members would evaluate it and bring it up at their next meeting. Meeting adjourned at 9:36 p.m. Lee Alton, Secretary Gene Ostermann, Chairman