HomeMy WebLinkAboutBZA_Minutes_1982_02_01MINUTES OF THE BOARD OF ZONil1G AD..TIJS'IMENTS OF THE CI1Y OF HERMOSA BEACFI, HELD IN THE COUNCIL CTWIBERS OF CI'IY HAIL ON FEBRUARY 1, 1982, AT 7:30 P.M. Meeting called to order at 7: 38 P .M. by Chmn. DeBellis Pledge of Allegiance led by Cl:-irm. DeBellis ROLL CALL ffiESfil-IT: Comns. Cutler, Ebey, Merrill, Moore, Chmn. DeBellis ABSENT: Conms. Toth, Williams AI.SO PRESENT: Laurie Du.1<:e, Staff Liaison Conms. Toth and Williams had excused absences for this ireeting. APPROVAL OF MINUTES Motion by Coom. !bore, seconded by Comn. Cutler, to approve the January 4, 1982, minutes, as submitted. No objections, so ordered. APPROVAL OF RESOLUTIONS :Motion by Chrm. DeBellis, seconded by Comn. Moore, to approve Resolution B.Z.A. 154-440. No objections, so ordered. Corrm. Ebey abstained from vote. Motion by Corrm. Moore, seconded by Cornn. Cutler, to approve Resolution B.Z.A. 154-443. No objections, so ordered. :Motion by Coom. Moore, seconded by Corrm. Cutler, to approve Resolution B.Z.A. 154-444. No objections, so ordered. Cornn. Ebey abstained from vote. Motion by Cornn. I1oore, seconded by Cornn. Cutler, to approve Resolution B.Z.A. 154-445. No objections, so ordered. Comn. Ebey abstained from vote. Motion by Cornn. Moore, seconded by Coran. Cutler, to approve Resolution B.Z.A. 154-446. No objections, so ordered. Comn. Ebey abstained from vote. CONSEl'IT CALENDAR None
• I BOARD OF ZONL.~ AD.TIJS'IMENTS MINUTES -February 1, 1982 Page 2 CONDITIO:NAL USE PERMIT REQUEST BZA 154-447 -454 Pacific Coast I--!:ighway Applicants: Southland Corporation (7-Eleven Stores) Conm. Moore abstained from discussion and vote because he is employed by Atlantic Richfield Co. and involved with an A.M. -P .M. Mini-Market program. Mrs. Duke gave staff report. She stated that the property is located in the C-3 zone, multi-use corridor, and the applicant is requesting off-sale beer and wine in conjUJ.ction with the operation of a 7-Eleven Convenience Store. The business has a 24-hour operation. The anticipated daily custmrer volurre is 890 people or 450 autorrobiles. Th.ere will be off-street parking for 20 vehicles and t"wo an-street spaces in front of the property. She stated that if t.~e Board acts to approve the request, staff has seven recomrended conditions. Cornn. Ebey questioned whether beer and wine could be sold at any hour. COIIIIl. Cutler asked if the mini-market is existing at this ti.Ile. Mrs. Duke replied in the negative. Public Hearing opened at 7:45 P.M. Janes Ewing, 19730 Georgina Circle, Cerritos, operating manager, stated that beer and wine will be sold between the hours of 6:00 A.M. and 2:00 A.M. Corrm. Ebey asked Mr. Ewing if: he would object to a condition that beer and wine be sold only between the.hours of 6:00 A.M. and 2:00 A.M. }1t'. Ewing replied that he would not object to that condition. Mr. Ewing continued, stating that he has no objection to the recormended conditions set forth by staff. He stated that this will be a franchised operation. Corrrn. Merrill noted concern for the loitering problems found at the 7-Eleven stores. He asked what is being done to control this problem. Mr. Ewing stated that the zone security manager goes out to the stores to help rerredy the situation. They also work with the local law enforcerrent, which has been successful. No one appeared to speak in favor of granting the Conditional Use Pennit. No one appeared to speak in opposition to granting the Conditional Use.Penn.it. Public Hearing closed at 7:50 P.M. Cornn. Cutler asked if the gas station that exists on the site at this time will be selling gas.
' .. BOARD OF ZONING ADJUS'lMEN.rS MINUTES -February 1, 1982 Page 3 CONDITIONAL USE PERMIT REQUEST B2'A 154-447 -454 Pacific Coast Hwy. _(_qo~t. ) Mrs. Duke replied that the gas station will be derrolished. Chnn. DeBellis asked for the number of video garres that will be allowed for use in the market. Mrs. Duke explained that four gaIIES is the rrmdmum; anything over that constitutes an arcade. Motion by Conm. Ebey, seconded by Corrm. Merrill, to approve Conditional Use Penni.t BZA 154-447 v.ri.th the condition that alcoholic beverages are to be sold only between the hours of 6:00 A.M. and 2 :00 P.H. AYES: NOES: ABSTAL."l': ABSENT: Corrms . Cutler , Ebey , Merrill , Chirn. De Bellis None c.oom. }"'..oore Corrrns. Toth, Williams COIDITION.i\L USE PERMIT REQUEST B2'A 154-448 -588 Pacific Coast Highway Applicant: Mr. Craig Gerneroth (Gerneroth Motors) Ht·s. Duke gave staff report. She stated that the property is located in the C-3 zone, multi-use corridor. 'Ihe applicant is requesting to operate a used car sales lot. The proposed hour-s of operation are from 8 : 00 A. M. to 7: 00 P .M. ; however, the applicant had indicated that the business might stay open later in the s1.l111Iertirre. 'Th.ey will be providing three to four off-street parking spaces on the lot, and there are three on-street spaces available. She stated that if the Board acts to approve the request, staff has recormended Conditions 1 through 11. Conm. Ebey stated that she would like to have a set hour for closing in the sUITIIErt:i.Jre. Mrs. Duke agt"eed, stating that the applicant can specifiy the hour at the public hearing. She added that she did not make a condition for the hours of operation 1.ntil such tire that the applicant specified those hours. Public Hearing opened at 7: 58 P .M. Craig Ge~roth, 30931 Cartier Drive, Rancho Palos Verdes, applicant, stated that the dealership is completely fenced. He stated that he has refurbished the entire lot. The car lot will be dealing with cars in the $20,000 range, and they expect to have only about three to four cus toners per day. No service will be done at the site:, -~an.d:ho:...1:1pacr_;lstery work wilill ·be done at the site. They are on contract ·with Casey's Used Cars for srrog safety and service. There will be no need to build on the lot; the office is existing at this tine. He added that the lighting is up; however , he. needed: one nnre light. He
BOARD OF ZONING ADJUSTMENTS MINUTES -February 1, 1982 Page 4 CONDITIONAL USE PERMIT REQUEST BZA 154-448 -588 Pacific Coast Hwy. (Cont,) stated that all of the neighboring dealers are open until 9:00 P.M. and requested that his business be allowed to stay open until 9:00 P.H. He added that 7:00 A.M. to 9:00 P.M. would be his maximum hours of operation. No one appeared to speak in favor of the Conditional Use Permit. No one appeared to speak in opposition of the Conditional Use Pennit. Public Hearing closed at 8:03 P.M. Motion by Conm. Ebey, secooded by Conm. l'-1errill, to approve Conditional Use Pennit Request BZA 154-448 with the condition that Condition. 11 be changed to Condition 12, and Condition 11 be that the hours of operation are from 9:00 A.M. to 9:00 P.M. AYES: NOES: ABSENT: Corrms. Cutler, Ebey, Merrill, Moore, Crom. DeBellis None Cornns . Toth, Williams VARIANCE REQUEST BZA 154-449 -2000 Strand Applicant: Dr. Irwin Cooper Mrs. Duke gave staff report. She stated that the property is located in the R-2B zone, rrediurn density residential. 1he lot size is 29.8 x 79.59. The lot area is 2375.33 sq. ft. 1he existing lot density is 36.6 du/ac, and the proposed lot density is 18.3 du/ac. The existing lot coverage is 73.99%, and the proposed lot coverage is 87.83%. The existing floor area is 3430.6 sq. ft., and the proposed addition is 1066 sq. ft. Applicant is requesting pennission to add 31% to a single family dwelling (converting from an illegal duplex), and said addition is in exception to the Zoning Code as follows : 1. to increase the lot coverage from the existing 7 3. 99% to 8 7. 83% in lieu of the 65% maximum allowed; 2. to 1ra.intain existing nonconfo:nning sideyard setbacks with the addition (0' at south property line , 2. 39 '· at north • property line). 'Ihe existing building actually encroaches onto City property 3" on southerly PL, so an encroachrrEnt permit from the Council for the three inches will be required if the variance is granted; 3. to add to buildings having existing nonconfonning zero front yard setback in lieu of the 5 ft. required and an existing nonconfonning rear yard setback of 2.15 ft. in lieu of the 3 ft. required at gromd level; and 4. to provide zero usable open space in lieu of the 300 sq. ft. required. She stated that an interior inspection was made on January 25, 1982, and the floor plan was found to be in confonnance with plans submitted. Cornn. Moore asked if the space over the garage could be legal nonconfonning use in that it has been rented for sorre tine predating the Code.
BOARD OF ZONING ADJUS'.llIBNTS 1'illIDI'ES -February 1, 1982 Page 5 VARIANCE REQUEST BZA 154-449 -2000 Strand (Cont.) Mrs. Duke replied that in 1972 a pennit was issued for a shower in the TIBid' s quarters over the garage. At that tirrE, the building pennit actually stated, "No kitchen for separate unit" which is existing. There is, at this ti.Ire, a residential building report signed by the present owner that there is only one unit on the property. Public Hearing opened at 8: 15 P .M. Pat Killen, 125 Manhattan Beach Blvd., Manhattan Beach, representing the applicant, stated that the 3430 sq. ft. does include the garage in the calculations; therefore, the·net liveable area including the rental unit is 2952 sq. ft. The addition is 1066 sq. ft., which includes the loft area. The net usable house space is 4014 sq. ft. He stated that there is no deed restriction on the property, so the property may be designated R-2. He stated that the applicant wished to turn the site into a single-family ; • residence by eliminating the duplex. The applicant also wished to put a third off-street parking space on the site. He stated that the applicant's intention is to leave the gabled roof and to go over the open space across the middle on the second story which will create a family room environment. The loft space would then be over the garage. He stated that there will be a spa area in a greenhouse-type environment on the first floor betv;een the buildings. He surrrnarized by stating that the house will be an asset to the neighborhood and the variance will make the stru.cture roore aesthetically pleasing. Comm. Merrill asked how many bedrooms and bathrooms are existing and how many bedrooms and bathrooms are proposed. Mr. Killen replied that two bedrooms are existing, and three bathrooms are existing. Proposed are three bedrooms and three bathrooms. Corrm. !'ferrill asked how many persons are :in Dr. Cooper's family. Mr. Killen replied that the applicant has two ei.½ildren mom ~uld occupy the guest bedroom. Mr. Killen noted that the neighborhood children use the open space adjacent to the walk street for a play area. The family room is intended to be used as a play area for these children. Mr. Killen :infOTIIEd the Board that the calculations from the loft area come from taking one-third of the open space, making it a IIE!ZZanine level. He added that the lean-to laundry is actually storage space. He naitioned that 90% of the older hares on the Strand take the building right up to the property l:ine. Paul Shank, 1838 Strand, Hernnsa Beach, spoke in favor of the proposed variance. He stated that he has spoken with many of the imnediate neighbors, all of which v.ere in favor of the proposed variance. He said the design is
BOARD OF ZONING ADJUS']}1ENI'S MINUTES -February 1, 1982 Page 6 VARIANCE REQUEST BZA 154-449 -2000 Strand (Cont.) aesthetically pleasing, and it will enhance the neighborhood. He stressed that the neighborhood is particularly pleased with Dr. Cooper's efforts in dealing with the neighbornood children. He described Dr. Cooper as being a very concerned parent and his children as being well-mannered. Irwin Cooper, 2000 Strand, Henmsa Beach, applicant, stated that he took special efforts to discuss the plans with the :irrtrecliate neighbors. All neighbors ccmtacted were in favor of the proposed variance. Cbrrn. DeBellis declared that a petition was submitted with nine signatures in favor of the proposed project. No one appeared to speak in opposition to the proposed variance. Public Hearing closed at 8:38 P.M. Cornn. Ebey stated that by granting this variance the City would be losing an illegal unit and gaining a garage. The project also follows the existing footprint. Chim. DeBellis stated that he could approve the arrnunt of lot coverage. Cornn. Ebey recorrnended that a deed restriction be placed on the property. Chrm. DeBellis was also in favor of the deed restriction. Corrm. ~.foore noted concern for not requiring any on-site open space. He spoke of an offer to incorporate a deck into the plans. Crum. DeBellis agreed, stating that he would also like to see a deck incorporated into the plans. Dr. Cooper stated that he would be agreeable to on-site open space. Mrs. Duke inforrred the Board that the Board of Appeals has been granting Reinhart ladders as rreans of a second egress. These ladders are permanently affixed to the building. Mr. Killen stated that they could continue the spiral stairway up to the forth level which w::>uld be one rreans of egress .. , The other rreans of egress would be a Reinhart ladder. Chrm. DeBellis asked Mr. Killan if he would be willihg to rreet the requirerrents for providing the roof space. Mr. Killen replied in the affirmative; however, he stated that the complications of adding a deck are nurrK=rous.
. , BOARD OF ZONING ADJUS'Il,IENTS MINUTES -February 1, 1982 Page 7 VARIAfICE REQUEST BZA 154-449 -2000 Strand (Cont.) Cooms. Cutler and Ebey did not feel the need to require a roof deck. Cornn. Moore stated that there are other options to the project, and he felt that the City was not gaining enough to approve this project. He noted concern for O open space and 87% lot coverage. Corun. Cutler asked if the Board could require the applicant to maintain the City property if they are a,.llowed to adopt that property. Cbrm. DeBellis suggested that the City Council require the applicant to landscape the City property if they obtain an encroachment permit. Mrs. Duke stated that as long as the walls surround the front yard, the applicants will be required to lan scape the property. Corrm.. Cutler stressed that the Board should require that the applicant landscape the City property if the applicant is closing up the open space. Chnn. DeBellis asked the applicant if he would be willing to landscape the City property to the south of his building. Dr. Cooper rep lied :in the affinnati ve. He also agreed to a deed restriction. ~1otion by Comm. Ebey, seconded by Cornn. 1/.ierrill, to approve Variance Request BZA 154-449 subject to a deed restriction. AYES: NOES: Corrrns. Cutler, Ebey, ~.ferrill, Chrm. DeBellis COIIIIl. Moore ABSENT: Comns. Toth, WilliaIIB Required Findings: 1. . . . because the building was constructed in 1927 which predates existing Code; it is :in an -rnusual location :in that it is surromded on three sides by ___ feet of public open space; the deficiency on the north side is one half of a foot, which is relatively minor in nature; allowing this variance would convert an illegal duplex through the deed restriction to a single family use on the lot; there would be an additional third parking space on the property through this variance; the applicant is willing to install and maintain, with Council's approval, landscaping in the City 1 s right-of-way adjacent to the site. 2 .... because similar variances have been granted in the SanE vicinity and zone in the recent past. 3. . .. because of the unique circumstances (the surrounding public open space), the rmssing of the building is not injurious to the neighbor:ing properties or inproverrents in such vicinity and zone;
BOARD OF ZONING ADJUS'Il1ENTS MINUTES -Febniary 1, 1982 Page 8 VARIANCE REQUEST BZA 154-449 -2000 Strand (Cont.) there were nine signatures of adjacent properties that were in favor of granting the variance; there were no objections at the public hearing. 4 .... because through the deed restriction, it will keep the property in less dense developrrent than w:JUld be allowed by the Zoning Code. Motion by Chnn. DeBellis , seconded by Conm. Ebey, to approve the Findings. AYES: NOES: ABSENT: COmTIS. Cutler, Ebey, V.:errill, Crum. DeBellis Corrm. Moore Corrms. Toth, Williams VARIANCE REQUEST BZA 154-45~ -235 30th Street Applicants: Dr. John and Andy ~y land Mrs. Duke gave staff report. She stated that the property is located in the R-1 zone, ITEdium density residential. The lot size is 30 x 70. The lot area is 2100 sq. ft. The existing and proposed lot density is 20.7 du/ac. The existing lot coverage is 65.5%; the proposed lot coverage is 71. 5%. The ex.is ting floor area is 1630 sq. ft. ; the proposed addition is 828 sq. ft. She stated that the applicants are requesting permission to add 50. 8% to an existing single family tiwelling, said addition in exception to the Zoning Code as follows: 1. to add rrore t.1-ian 40% to an existing building with nonconfonning side and front yard setbacks and to maintain the sane setbacks with the addition as follows: East side - 2 '7+" at rear and 2'10 1/2" at front of building and O" at patio porch, in lieu of 3' required. West side -3'2 1/4" (ok) at rear and 2'11" at front of building and O" at patio porch, in lieu of the 3' required. Front yard -4'3 1/2" at front of building and on at patio porch in lieu of the 7' required. The 8' 311 of the rebuilt patio will require an encroachment penni.t from the City Couicil. The proposed deck at the second story level encroaches 3' 6" into the required front setback to within 1' of the PL and is 14' wide. 2. to increase the lot coverage from 65. 5% to 71. 5% (99 3/ 4 sq. ft. in second story overhang at t.l-ie east rear corner of the building and 26 1/2 sq. ft. of stairs over 30" high in the west sideyard.) 3. to provide stairs at the front over 4' high (5' 11" at highest point) in the sideyard and is proposed to be other than solid concrete construction. She stated that an interior inspection was made on January 26, 1982, and the floor plans were fomd to be in confonnance with plans submitted. Mrs. Duke explained that originally when the plan checker figured the natural grade, he was in error, and the building is 1'6" over height at the front part of the roof. The applicants were given tv.o options, narr:ely, to ask for a continuance and readvertise for a height variance or to comply with Code. The architect felt that they could lower the height to rreet Code.
BOARD OF ZONING ADJUS'IMENTS !ffi,1JTES -February 1, 1982 VARIANCE REQUEST BZA. 154-450 -235 30th Street (Cont.) Cbrm. DeBellis asked if the overhang increases the lot coverage to a large degree. Mrs . Duke replied that the overhang in the rear constitutes a large amount of the increased lot coverage. Public Hearing opened at 9: 17 P .M. Page 9 Roy Young, 119 S. Catalina, Redondo Beach, architect, stated that they can IIBet the height requiremmt by changing the pitc..1-i of the roof on the front section of the building. He stated that t_he railing surrounding the deck in the rear is solid, and it does exceed the height limit. 1-1rs. Duke mformed the applicant that he must lower the railing to 36 inches to meet Code. Mr. Young asked if a roof parapit would be exempt from the heig..1-it. t1rs. Duke inforrred ~T. Young that anything built beyond the property line will have to be approved by the City Council. Corrm. Moore stated that there is a new cantilevered overhang to the north. He asked if there is also an overhang to the east. Mr. Young replied in the negative. No one spoke in favor of granting the variance. ~1ark Noble, 255 30th Street, Henmsa Beach, spoke in opposition to the proposed variance. He stated t.1-iat he had not heard of any exceptional circumstances that were involved i;vith t½.is variance. He stated that there ·were several discrepancies in the plan, one of those being the height of the building. He stated that the building is over heig..11.t, and in that area it may block other person's ocean views. He 1:Entioned that all of the figures he checked have been in error. He asked that there be a continuance until such titre that the corrected plans are submitted. He questioned whether the notice was complied with in this case. He stated that a hot tub is not covered under exerrptions for the 36" railing. He nentioned that the house in question has the least setbaclt in the neighborhood. He stressed that there should be a continuance on this item. Cornn. Cutler asked !,fr. Nobel what documents he used to find the discrepancies in the plans. Mr. Nobel replied that he compared the plans with the Code. He added that the application and the plans were not in agreenent. Mrs. Duke stated that staff's figures regarding lot coverage were accurate, and the patio in the front was calculated as part of the lot coverage. She
BQ.t\RD OF ZONING ADJUSTMENI'S MINUI'ES -February 1, 1982 VARIANCE REOUEST BZA. 154-458 -235 30th Street (Cont.) added that staff counts anything over 30 inches as lot coverage . Page 10 Mr. Nobel stated that he computed approximately 80% lot coverage for this project. No one else appeared to speak in opposition to granting this variance. Roy Young, architect, stated that his client has rights to develop his property. _ F.e offered to go over the facts and figures in his office with :t-'.h:.-. Nobel. He stated that there would be no problem corrplying with the height limit. He stated that he is over height by three-tenths in the front by the gable of the roof. He added that the railing in the back neets the requirerrE11.t of the zoning ordinance. Chrrn. DeBellis asked the Board if they would agree to the applicant's redesigning the plans and reappearing before the Board at t."1-ieir February 15, 19.82 , nee ting or if they would rather take a vote on t...½e plans at this tine. Corrm. Ebey stated that she would vote for a continuance; however, she noted that she could not vote for the project as it is designed, even if the height were to rreet Code. Cornn. Cutler stated that he would not want }fr. Young and Mr. Nobel resolving the difference of figures in an office . He preferred having the Board hold another. hearing. Corrm. P.oore stated that he trusted the professionalism of the Building Department to provide an accurate report. He stated that he could not support the overhang in the northeast rear that adds to the lot coverage. Mr. Young requested continuance of the issue, but he asked for sorre guidance from the Board on redesigning the plans. COilID. Merrill stated that there nrust be a correction on the height. He stated that if the railing in the rear were removed, there would be no problem with the lot coverage. His other concern was the encroaclment. Chrrn. DeBellis noted concern for the overhang in the rear. Conm. Cutler was concerned with the height of the railings. Mrs. Duke read the ordinance with respect to what structures rmy exceed the height limit. Public Hearing continued at 10:03 P.M. to the March 1, 1982, rreeting. Chnn. DeBellis inforned the audience that there will be no further notification that this issue will be continued to the March 1, 1982, rreeting.
... BOARD OF ZCNING ADJUSTMENTS MINUTES -February 1, 1982 Page 11 VARIANCE mQUEffi' BZA 154-4~ -235 -30th Street (Cont.) Motion by Cornn. Merrill, seconded by Comn. Ebey, to continue the public hearing to the March 1, 1982 IIBeting. No objections, so ordered. REVIEWS None MIOCELLANEOUS Mrs. Duke stated that Ccmn. Will:iruns bad asked the City Attorney if 11economic" or "financial burden11 is a good rationale for find:ings. The City Attorney explained in his note that the Board nay use those words in diocussing the issue; however, they should not be a basis for findings, Election of Officers Comn. Moore volunteered to take the position of Chairrmn, Chim. DeBellis nominated Cornn. Merrill as Vice-Chairman. Conm. Moore appointed Cornn. Cutler as Secretary. Motion to adjourn at 10:26 p.m. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular ireeting of the Board of Zoning Adjustn1:mts of the City of Hernosa Beach, California. mmi3Is, CHAIRMAN