HomeMy WebLinkAboutBZA_Minutes_1972_07_17MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZON ll~G ADJUSTMENTS HELD IN THE COUNCIL CHAMBERS OF CITY HALL, HERMOSA BEACH, ON JULY 17, 1972, AT 7:30 P.M. Meeting called to order at 7:43 p.m. by Chairman Alton. Flag salute led by Comm. Schubert. ROLL CALL: Present: Absent: AGENDA J TEM 1: Comms. Mitchell Basila, Clayton Schubert, Chmn. Lee Alton. Comms. Gene Ostermann, Richard \i/111 iams Approval of minutes. Comm. Basila made a motion, seconded by Chmn. Alton, that the minutes of the June 19, 1972, meeting be approved. AYES: Comms. Basila, Schubert, Chmn. Alton NOES: None ABSENT: Comrns. Ostermann, Williams AGENDA ITEM 2: Secretary of the Board, Clayton Schubert, read Agenda I tern 2 as fol 1 ows: 11App l i ca-ti on for a variance from Mns. Amelia Villa on property located at 1075 Monterey Blvd., legally described as Lots 30 and 31 • Tract 1068. Applicant requests a variance to relocate an existing stairway going to second floor into a required sldeyard.11 No correspondence from property owners. Public hearing opened at 7:45 p.m. Mr. J.C. Sams, 1087 Monterey Blvd., a neighbor of Mrs. Villa1s,asked to speak in her behalf. He stated he would I ike to see her variance granted because it would relieve a situation of financial hardship for her and added that he did not feel the rebuilding and narrowing of her stairs would be harmful to the surround-ing properties. Mr. Robert Irwin, 1073 Monterey, a tenant in Mrs. Villa's building, said he also wished to speak in favor of the variance. He stated that the building was kept in a state of good repair and had a type of tenancy the City could be proud of. Mr. Irwin added that the stairway in question was in need of replacement anyway and he thought that narrower stairs with a handrail would be an advantage to Mrs. Villa who recently suffered partial loss of her eyesight. Public hearing closed at 7:53 p.m. Following a discussion by the Board, Comm. Basila requested permission to ask Mrs. Villa a question. Chmn. Alton re-opened the public hearing at 7:59 p,m, Mrs. Amelia Villa, 1075 Monterey Blvd., owner of the property in question, appeared before the Board.
PAGE 2 -MINUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING, JULY 17, 1972 Comm. Basila asked Mrs. Vil la if the stairways could be relocated at the rear of the house. Mrs. Villa replied that there was already one stairway in the rear due to the code requirements that there be two exits from upper floors of apartment buildings. Mrs. Villa explained that she could not afford to keep her house unless she sells her adjoining lot, and that the City will not allow her to sell this lot as long as there is an encroachment over the lot I ines. She said that the variance would allow her to rebuild her stairs to about one-half their present width which would put them inside the property 1 ine thereby permitting separation of her two lots. Comm. Basila asked Mrs. Villa about the possibility of relocating her stairway into her front yard and was told that, since her bed-room was in the front of the building upstairs, this would not be a practical solution to her problem. Public hearing closed at 8:17 p.m. Chmn. Alton read aloud Section 1209 of the Zoning Code referring to projections into required yards and Section 1211 regarding fire escapes and asked if her stairway could qualify under Section 1211. Mr. Trott rep\ ied that it would not be legal under the Uniform Building Code. Chmn. Alton asked Mr. Trott if he knew of any other stairways in the City that extended into the required sideyard setback, Mr. Trott rep I ied that many of them did go to the property 1 ine. The Board felt that since the building itself is on the property line, they could see no harm in allowing the stairway to also extend to the property 1 ine provided the new stairway met the minimum code requirement of 3011 in width, However, Comm. Schubert said he ~,ras not in favor of granting unless a time limitation was placed on it. Chmn. Alton said he doubted that a time I imit condition placed on the granting of a variance of this nature would be enforce-able. A motion was made by Comm. Basila, seconded by Comm. Schubert, to grant the variance. AYES: Comms. Basila, Schubert, Chmn. Alton NOES: None ABSENT: Comms. Ostermann, Williams Comm. Schubert made a motion, seconded by Comm. Basila, to adopt l~esolution BZA 151.J-Bl granting a variance to Mrs. Amelia Villa for the following reasons: I. There are exceptional and extraordinary circumstances and conditions applicable to the property involved, 2, That the granting of such variance will not be materially detrimental to the pub1 ic welfare or injurious to the property 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.
PAGE 3 -MI NU TES OF THE BOARD OF ZONING ADJUSTMENTS MEETI i~G, JULY 17, 1972 4. The existing building encroaches into the required side yard the same distance as the proposed new stairway. AND FURTHER, that this variance is granted subject to the following conditions: l. The stairway shall encroach no further into the required sideyard than the existing building presently encroaches into the required sideyard, 2. The stairway must be constructed in compliance with the Uniform Building Code. Motion carried by the fol lowing vote: AYES: Comms. Basila, Schubert, Chmn. P.lton NOES: None ABSENT: Comms. Ostermann, Williams Chairman Alton explained to Mrs. Villa that the granting of this variance only gave her permission to relocate her stairway in order to separate her lots. He added it was in no way to be construed as sanctioning the plans of the construct-ion company that presently has an option on her property. He pointed out to Mrs. Villa that such permission required an action from the City Council. AGENDA ITEM 3: Secretary of the Board, Clay Schubert, read Agenda Item 3 as follows: 11Application for a variance from Miss J. Frederica Carter on property located at 515 Hollowell, legally described as Lot 2 and North 171 of Lot 3, Hollowell Tract. Applicant requests permission to add to an existing single family residence, said addition to be attached to an existing garage having a nonconforming rear yard of 316H in 1 ieu of the required 5 ft. Said addition will be over 40% of existing structures.11 Mr. Trott showed the Board a set of plans covering this addition. He requested the Board, if they granted the variance, to require an affidavit be filed covering this addition to insure it will be used in conjunction with the single family residence and not as a second unit. No correspondence from property o.-Jners. Public hearing opened at 8:48 p.m. Mrs. Doris Smith. 515 Hollowell, niece of the applicant, appeared before the Board, She explained that the reason they were asking for the variance to make the addi-tion was due to the fact that her aunt, Miss Carter, was 90 years old and required someone to prepare her meals, etc., and by adding on to the house, she could move into the additional rooms. Mrs. Smith assured the Board their intention was not to rent the rooms as a separate unit. Public hearing closed at 8:55 p.m.
.,.__........_, PAGE 4 -Ml.NUTES OF THE BOARD OF ZONING ADJUSTMENTS MEETING, JULY 17, 1972 Following a brief discussion, Comm. Schubert made a motion, seconded by Comm. Basila, to grant the variance. AYES: Comms. Basila, Schubert, Chrnn. Alton NOES: None ABSENT: Comms. Ostermann, Williams Comm. Schubert .made a motion, seconded by Comm. Bas i I a, to adopt Re solution BZA 154-82 granting a variance to Miss Frederica Carter for the following reasons: I. That 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 prop-erty 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. AND FURTHER, that this variance is granted subject to the following conditions: l. An affidavit be required covering the bar sink shown on the plans to insure that this bar sink will be used in conjunction with the single family residence only. Motion carried by the following vote: AYES: Comms. Basila, Schubert, Chmn. Alton NOES: None ABSENT: Comms. Ostermann, Williams Meeting adjourned at 9:15 p.m. ►Z::=~ Lee Alton, Chairman