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HomeMy WebLinkAboutBZA_Minutes_1982_03_01~1INUTES OF THE BOARD OF zor:rrNG ADJUS'TI'f2NTS OF T'dE CITY OF HERMOSA BEACH HELD Kr CLAR_"!( AUDITORIUM OF HERMOSA BEACH ON ~1A.~CT-! 1, 1982 , AT 7: 30 P .}1.. Meeting called to order at 7: 35 ~ .H. by Comn. :'.'-1errill ROT....L CALL PRESENT: Cornms. Cutler, DeBellis, Ebey, Merrill, Toth, Williams ABSENT: Cl-rn. Moore ALSO PRESENT: lo."llrie Duke , Staff Liaison ; Lee Al ton, Dir . of Bldg. & Safety ( arr • 8 : 00) Corrm. Merrill acted as Cb,.aiTIPan for the meeting. Chrrn. Moore had an excused absence . Ch..,n. ~1errill stated that 114 on the adgenda had been withdrai:'17fl, and 1!6 was heard in place of tf4. APPROVAL OF MINUTES J:.1otion by Conm. DeBellis, seconded by Cornn. Cutler, to approve the February 1, 1982, minutes with the follow:ing correction: Page 5, fifth para. , should read, ". . . Proposed are three bedrooms and three bathrooms . '' No objections, so ordered. APPROVAL OF RESOLlJTIONS None CONSENT CALENDAR None PUBLIC HE.'ffi.L~S The variance request for the property located at 235 30th Street ,vas withdrar....m. VARIANCE REgJEST BZA. 154-452 -205 31st Street Applicants: Mr. and ::'.'1rs. Ralph Fried.rich Mrs. Duke gave staff report. She stated that the applicants were requesting to add a 16' x 24' deck to the rear of t11eir dwelling at the second story BOARD OF ZONI1\1G .ADJUS'IMENTS MINUTES -Harch 1, 1982 VARIANCE REqJEST BZA. 154-452 (Cont.) Page 2 level. This will increase their lot coverage to 72. 69%, 7. 69% above the maximJm. 65% allot-Jed. It ,·rill add_ 384 sq. ft. of usable open space at second story level and their existing 133 sq. ft. of usable open space at ground level will remain, although 64 sq. ft. will be covered by the deck. She stated that an inspection of the premises was made by the Building Department and the plans were found to be in conformance with plans submitted. Public F.e.aring opened at 7: 40 P .!L Ralph Friedrick, 205 31st Street, Hermosa Beach, applicant, stated that he wished to construct a deck where there is currently a driveway which is used for parking. This space is open to the sky, but it is not usable. He stated that his reason for constructing a deck is for a play area for his children. He added that he had gathered signatures from all residents in the i.rrnediate area, and none of those persons were opposed to the deck. He stated that one of the exceptional circumstances is th.at the lot size is very small, resulting in very little usable recreational space. The proposed deck will increase recreational space. Another exceptional circumstance he spoke of was that the proposed deck will not result in any loss of parking, but it will provide usable area where it does not exist currently. He stated that the granting of such a variance will not be materially detrinental to the public welfare in that the proposed deck and hot tub will have access from the second level of the house only, thus preventing hazard to the public. The deck will not obstruct any "asthetic view'' of the neighboring property. He noted that the granting of the variance will not adversely affect the General Plan since it will not alter the use of any existing property. Corrm. Cutler asked the applicant if h~ would take special precautions to IIEke the hot tub area a safe area for children. Mr. Friedrich replied that he would nake a wooden cover which would loc..1< down onto the hot tub. No one appeared to speak in favor of granting this variance. No one appeared to speak in opposition to granting this variance. Public Hearing closed at 7: 45 P .M. Motion by Comn. Toth, seconded by Corrrn. Williams, to approve Variance Request BZA.. 154-452, as submitted. Corrm. DeBellis asked for the year the building at 205 31st Street was constructed. Mrs. Duke replied that it was constructed in 1975 with 54.4% lot coverage. BOARD OF ZONING AD.TIJS'.IMENTS MINlITES -March 1, 1982 VARIANCE REQJEST BZA 154-452 (Cont.) AYES: NOES: ABSENI': C.orrms. Cutler, Ebey, Toth, Williams, Chm.1.. }'Terrill Corrm. DeBellis Chrm. :Moore Required Findings: Page 3 1. . . . because the variance allows the area to be usable, which is corrpensation for the addition.al lot coverage; the lot in question is smller than the typical lot in Henmsa Beach. 2 .... becuase other properties in the sane vicinity and zone enjoy a heavier lot coverage of buildings rather than compensatory usable space through decks. 3 .... because the granting of the variance will not affect fire access, light, air, or safety in any way. 4. . . . because it has no affect on density. Motion by Cornn. Williams, seconded by Cornn. Cutler, to approve the Findings. AYES: NOES: ABSENT: Comns. Cutler , Ebey, Toth, Williams , Chrm. Merrill Corrm. DeBellis Chrrn. Moore CUP 154-450 / VARIANCE 154~451 -950 Aviation Boulevard Applicant: Mr. Eddie Talbot Mrs. Duke stated that the request for the Conditional Use Pennit should be heard prior to hearing the Variance. Mrs. Duke gp.ve staff report. She stated that the applicant is requesting pennission to operate an amusement garre arcade in a cormErcial building located at the southwest corner of Ocean Drive and Aviation Boulevard. The business will occupy the east suite whic..11. is 1232 sq. ft. in size. The applicant proposes to have approximately 25 video galll:! machines. She stated that in May of 1979, the City C0tmcil passed Ordinance No. 79-615 limiting amusement arcades to the C-3 Highway Comrercial Zone only, and requiring application for a conditional use pennit prior to being issued a business license. Corrm. Cutler read the 14 Conditions recOIIIIEnded by staff. Comn. Ebey asked for the rnaxinrum. occupancy of the proposed srcade. Mt's . Duke replied that it was not known, and that number will have to be determined by the Fire Chief and the Building Department. BOARD OF ZONING ADJUS'IMENTS MINUI'ES -March 1, 1982 Page 4 CUP 154-450 (Cont.) __ ....;;_ __ -'---~-------}'.ir. Alton believed that it is 15 sq. ft. per person. Cornn. Cutler asked if the -rrachines will be coin-operated or slug-operated. Mrs. Duke replied that the applicant will have to address himself to that question. Public Hearing opened at 7 :58 P .M. Eddie Talbot, 950 Aviation Boulevard, HeTI110sa Beach, applicant, introduced his brother, Bob Talbot, to the Board. He stated that all of the conditions set forth by staff and agr-eed upon by himself will provide for a decent at:rIDsphere. He stated that he owns the building at 950 Aviation Boulevard, and he has a business down the street; therefore, he has an interest in both the building in question and the neighborhood as a whole. Conm. Ebey asked Mr-. Talbot if he agreed to all 14 conditions set forth by staff. Ed Talbot replied in the affinmtive; however, he requested that Condition tl3 be amended to allow a closing tine of 11 :00 P .M. Bob Talbot, 950 Aviation Boulevard, Herrrosa Beach, suggested possibly t,:,,;o closing tirr.es, n.arrely, 11: 00 ? .M. on weekends and 10: 00 P .M. on weekdays. Ed Talbot mentioned that he would like to add a condition that no persons under the age of 18 be allowed in the arcade after 10:00 P.M. He also noted that he wanted no c1i.ildren mder 18 in the arcade during sch.col hoUl'.'s. Cornn. DeBellis suggested making a condition that no persons under the age of 18 be allowed in the arcade between the hours of 7: 30 A .N. and 2: 30 P .M. Comn. Toth suggested arrending the condition to read 11school-age children" as opposed to "persons tmder the age of 18.11 He stated that persons 16 and older may be employed arid out of school. fil Talbot stated that he would like another condition to be that all rnac.1-iines be token-operated. Bob Talbot irentioned that the tokens will be dispensed by a machine rather than a vendor. No one spoke in favor of the proposed conditional use permit. Denny Dunlap, 951 -10th Street, HenIDsa Beach, stated that his property is directly behind the building in question. He noted concern for the existing traffic problem on Aviation Boulevard. He submitted a drawing to the Board showing the traffic as is and how the traffic will increase BOARD OF ZONING ADJUS'Il1ENTS 1IDIDI'ES -March 1, 1982 Page 5 -=--CUPc..;;;...._=15:.....:4_-4=5....c...O~-----(Cont.) with the approval of the conditional use penni.t. He ~-e..11.tioned the problem of parking and how this arcade will make the parking IOOre of a problem. He stated that mmy persons do not,lJ.lse their garages or parking areas; they park on the street. Torn Kofferten, 1041 10th Street, F.ernnsa Beach, stated that he had heard no compelling reasons why an arcade should be granted to the applicant. Dehm Peery, 720 8th Street, Henmsa Beach, noted concern for allor.<l.ng any arcade in F.errrosa Beach. She stated that the arcade, as proposed, is too close to tr...e residences. She said that children will go i..T"J.to the arcade and spend their lunch money playing the ganes. Steve Clenmens, 1220 Ocean Drive, Hennosa Beach, submitted to the Board a letter written by his neighbor. He agreed with all of the testimony given with respect to the effect this arcade will have on parking. He nentioned the problem his area has with children littering, and granting the arcade will only intensify the problem. Com.n. Cutler read a letter dated February 28, 1982 by nriet Spurgeon of 1224 Ocean Drive, which noted opposition to the proposed zoning variance. Adie Younglap, 830 10th Street, Henrosa Beach, stated that she has lived on 10th Street for the past 26 years. She stated that an arcade is not rrorally acceptable. Craig Shire, 1226 Bonnie Brae, Hernosa Beach, stated that he was not opposed to video garres; however, he was opposed to the arcade being so close to the residences. Elaine DeBellis, 629 3rd Street, Herrrosa Beach, stated that the conditions :in;>osed upon the applicant by the City should satisfy the parking and traffic problems. She saw no reason why the children of Henmsa Beach should have to go to Redondo Beach or Manhattan Beach to play video garres. She explained that it is the parent's responsibility to control their children's use of money on the video ganes. F.d Talbot, applicant, agreed that the traffic is a problem on Aviation Boulevard. He stated that he has been in business for ten years at E.T. Surfboards, and he has never had any disruptions at the site. He said that the arcade will not be a dunl) because the City would not allow it. Bob Talbot stated that there ·will be adult supervision at all ti.Ires. Ed Talbot stated that the arcade is not a 100ral issue; it is not ganroling. Bob Talbot agreed, stating that the arcade will be an entertai.nrrent establishnait. F..d. Talbot mentioned that no srroking, beverages, or food will be allowed in the arcade. Public Hearing closed at 8: 26 P .M. ' .. I BOARD OF ZONING ADJUS'IMENTS HINUI'ES -~arch 1, 1982 Page 6 CUP 154-450 (Cont.) _____ _.._ ______ _ Como.. DeBellis stated that the arcade is not a nor al issue; video arcades, if run properly, are not urL.11.ealthy. He _ felt that ¥.r. Talbot 'WaS competent enough to take a shot at opening the arcade. Corrm. DeBellis suggested allowing only those persons 18 and over in the arcade between 7:30 A.M. and 2:30 P.M. He also suggested a condition that no noise or music be allowed out of t."1.e premises. He requested that the applicant provide sufficient bicycle storage racks to be used by the patrons. It would be the applicant's responsibility to make sure the patrons use those racks. If they are not used, the applicant rrrust remove those persons from the establishrrent. C()I![Il. Cutler stressed that the applicant must address and share the responsibility of the traffic problem before he could grant the variance. Mr. Alton stated that the Public Works Director was satisfied that this project would not develop a large annmt of traffic. The Public Works Director was roost certain that IIDSt of the traffic vnuld not be vehicular. Corrm. Toth stated that he was concerned for the children's safety while crossing Aviation Boulevard. Coom. DeBellis concurred, stating that, with respect to safety, traffic is a rnaj or problem. Como.. Williams felt that it was not the applicant's responsibility to keep the children in school; it is the parent's responsibility. She stated that as long as the Board has conditions, and the -applicant agrees to those conditions, there is no reason for denying the conditional use permit. Mr. Alton explained to the Board that they should make some type of condition relating to a specific age requireTIEI1t. Comn. DeBellis stated that one condition is that the machines be operated through the use of tokens. Another suggested condition was that the operator provide sufficient bicycle storage racks so as to adequately provide for the storage of bicycles utilized by the patrons of the premises. His third suggested condition was that the operator not permit noise or music rrore than five decibals above. iarnbients to errerge from the premises. Cornn. Ebey recormended extending the review period from six m:m.ths to a future date. Comn.IBBellis asked that Condition 112 read, "No alcoholic beverages, food, or drink be sold or consumed, and there shall be no srroking on the premises . '' Cornn. Toth recomrended a condition that no one m.der the age of 16 ,vi.11 be pennitted on the premises between the hours of 7:30 A.M. and 2:30 P.M. ' .. BOARD OF ZONING ADJUS1J1ENTS ML.""IDI'ES -March 1, 1982 Page 7 _GUP---'-. _15_4_-:_45_0___.._______ (Cont. ) Cornn. Toth stated that he would like to see the hours of operation remain 10:00 A.M. to 10:00 P.M. until the conditional use permit cones up for review. Mrs. Duke informed the Board that amuseirent arcades shall not operate later than 11:00 P.M. Monday through Thursday and mi.mite on:Fridays and Saturdays. Motion by Corrm. DeBellis, seconded by Comn. Ebey, to approve Conditional Use Permit 154-450, as arrended. Corrm. Ebey suggested that the Board recormend to the City Council to look into the problem of pedestrian traffic in the area. AYES: NOES: ABSENT: Corrms. DeBellis, Ebey, Toth, Williams, Chrm. Merrill Cornn. Cutler Chlm. ~foore V.A..~IANCE REQUEST BZA 154-451 -950 Aviation Boulevard Applicant: Mr. Ed Talbot :t-'1"..rs. Duke gave staff report. She stated that the property is zoned C-3, General Comrercial of the General Plan. She stated that the applicant is requesting pennission to install an amuseITEnt arcade in 1232 sq. ft. of a 8, 7 48 sq. ft. building. Article 11. 5, Off-Street Parking provides the parking requirerrents for the various uses within the city. When this comrercial building was ccmstructed, the owner was required to provide 29 parking spaces (1 space per each 300 sq. ft. of gross floor area of bldg.) based on Section 1152 (A) . , The requireIIEilt for amusem:,nt or recreation establishments is 1 space for each 75 sq. ft. of gross floor area devoted to such use (Section 1154 (H)) . Therefore, 16 spaces V>DUld be needed for the 1232 sq. ft. devoted to the arcade. At present, there are 4 spaces for this area and 2 spaces for the owner's office, making 6 spaces available. The owner's justification for his request is that 75% of his customers will not be driving cars, and that at the high custorrers volume tirre for his business nost of the stores and offices in his building will be closed. Public Hearing opened at 9:00 P.M. Ed Talbot, 950 Aviation Boulevard, F.enrosa Beach, applicant, addressed the issue of parking. He stated that they currently have four parking spaces for the 1232 sq. ft. , and there are tID parking spaces at his office which are not being used; therefore, they are short ten spaces . He stated that by 5:00 P.M., 66% of the building will be shut down, leaving 66% of the 23 remaining spaces left for his use. He stated that 75% of his patrons will not be driving automobiles,;therefore, this 'WOuld give him six parldng spaces at ail t:i.rrEs and an additional 16 spaces after 5: 00 P .M. No one spoke in favor of the proposed variance. BQA.RD OF ZONING ADJUS'IMENTS MINUI'ES -March 1, 1982 Page 8 VARIANCE REQUEST BZA 154-451 -950 Aviation Boulevard (Cont.) Marquita Ginoshire, 1228 Bonnie Brae, Hernnsa Beach, asked what will be done if it is found that 21 spaces are not sufficient for parking. Irving Nelson, 939 10th Street, Herrrosa Beach, noted concern for parking. He stated that people are already parking their cars on the corner of Aviation and Ocean. Bonnie Wolfe, 1212 3rd Street, Henmsa Beach, asked 'What will happen if the parking statistics are incorrect. She also noted concem for the traffic. Chnn. ~1errill asked wr..at follOW'-up the City will tal-...e if they discover that a parking variance is not working. Mr. Alton replied that a buil~g, other than an office building for a special purpose, i.e. rredical buildings, will generate the need for parking at a rate of approximately 500 gross sq. ft. per parking space. Ed Talbot addressed the issue of traffic. He stated that it is necessary for sOOE of the traffic on Aviation to be alleviated. He stated that possibly he and the City should share expenses of putting a light up ii_-,_ that area. He felt that the traffic was partially his responsibility; however, he was not ready to make a specific plan to deal with the problem. Delma Peery, 720 8th Street, Herrrosa Beach, noted that the traffic on Aviation is trerrendous. Delia Novak, 925 Montgorrery Drive, Herrrosa Beach, asked how hard it would be to get a light on Aviation. lY'".iT. Alton replied that the City would have to deternri.ne the distances between the existing lights to see mere an additional light could be placed. The next step is to deterrrd.ne mether an additional light is needed. Next, one must deterndne the cost. He stated that Mr. Talbot should seek support from SOOE of the surrounding businesses that could assist in paying for the light. He stated that the Public Works Director could furnish rr.ore information on the subject. Public Hearing closed at 9:23 P.M. Comn. Williams stated that the applicant had only 37% of the required parking, vtri.ch &1i.e noted concern £or. Corrm. Cutler believed there was not enough evidence to support the variance . Cornn. Ebey agreed that evidence was lacking. Cornn. DeBellis stated that he was not against arcades; however, with this specific variance, he could not rrake the Findings. BOARD OF ZONING ADJUS'IMENTS IITNUI'ES -March 1, 1982 Page 9 VARIANCE REQUEST BZA 154-451 -950 Aviation Boulevard (Cont.) Motion by Comn. Ebey, seconded by Corrm. Williams, to deny Variance Request BZA 154-451. AYES: Comns. Cutler, DeBellis, Ebey, Toth, Williams, CJ:mn. Merrill NOES: None ABSENT: Chm. Moore Recess from 9: 32 P .M. to 9·: 34 P.H. ) VARIANCE REQUEST BZA 154-4 53 -124 Strand Applicant: Dr. 'lhomas Sutterfield Mrs. Duke gave staff report. She stated that the property is zcm.ed R-3, high density residential. The existing and proposed lot density is 18.25 du/ac. The existing lot coverage is 68.05%; the proposed lot coverage is 73%. The existing floor area is 2,445 sq. ft, and the proposed addition is 469 sq. ft. She stated that the applicant is requesting permission to demolish a utility room and add to the depth of the existing ti;;u-car garage with a sunroom at the second story level. She added that this plan contained the ingredients which have in the past caused the Corrmission to require a deed restriction as a condition of the variance. CoIIIIl. Ebey asked for the lot size. Mrs. Duke replied 30 x 79 1/2. Public Hearing opened at 9: 40 P .M. Tan Sutterfield, 124 Strand, Henrosa Beach, applicant, stated that his main objective for the variroce was to add nnre parking space. Comn. Ebey asked the applicant if he vX>uld object to a deed restriction being placed on his property. Dr. Sutterfield stated that he would have no objection to a deed restriction. No one appeared to speak in favor of the proposed variance . No one appeared to speak in opposition to the proposed variance. Public Hearing closed at 9:48 P.M. Motion by Cornn. Ebey, seconded by Corrm. Williams, to approve Variance Request BZA 154-435 subject to a deed restriction. AYES: NOES: ABSENT: Corrms. Cutler, DeBellis, Ebey, Toth, Williams, Chm. Merrill None Chrm. Moore ... . BOARD OF ZONING ADJUS'IMENTS -March 1, 1982 Page 10 VARIANCE REQUEST BZA 154-~ -124 Strand (Cont. ) Required Findings: 1. . . . because the property was built in 1926 which predates existing Code; the addition is very minor in nature. 2. . . . because, due to the variance, the property will be able to provide an additional t1ilD parldng spaces. 3. . . . bec.ause it will not substantially decrease light, air, open space, or the incident of fire; it will provide additional off-street parking in a conpletely congested area; there 'lilere no persons speaking in opposition at the public hearing; the deed restriction will keep the use single family. 4. . . . because the variance and deed restriction will keep this property in a use lower than that penni tted by the General Plan and/or zoning. Motion by Cornn. Ebey, seconded by Conm. Toth, to approve the Findings. No objections, so ordered. VARIANCE REQUEST BZA 154-454.-123-157 Pier/ 1215-1331 Manhattan Applicants: H.M.S. Henrosa Parmership Mr. Alton gave staff report. He stated that the applicants are requesting pe:rrnission to erect a hotel an subject property exceeding the allowable height limit by a 3 ft. mmsard roof ex---rension at the 'lilesterly side of the building and the allowable number of stories by one story. He stated that on February 23, 1982, t..'1.e City Com.cil approved revisions to the Parking Lot D I.ease 'Which provides the terms by which the applicant is to construct a 176 room hotel with convention facilities on all of the property bounded by Pier Avenue., Manhattan Avenue, Palm Drive and 14th Street. He stated that on February 24, 19 82 , the Staff Review Cornni ttee rr:e t and fonnulated Mitigation Measures Suggested by Staff Review Conrni.ttee for Granting of Variances for the Hotel Proposed on Block of Property at the Northv.:iest Comer of Pier and Manhattan Avenues . He added that, in reference to the applicant's address to the required findings, staff agreed with the statem2nts made by the applicant regarding Finding number 1; and also notes that the roof could be revised to eliminate the mi.nor local piercings of the height plane, but this "WOuld require that sorre of the building comers take a shape 'which is not conpatible with the building exterior. Staff concurred with the representations of the applicant under Finding 2; and would add that the 48 foot high Flagship Hotel is in the same vicinity and zone. Regarding Finding 3, the project is expected to be extrerrely beneficial to other properties in the vicinity. Conm. Williams asked for the zone designation of the block across the street. Mrs. Duke replied that the remainder of the block is zoned R-3. BQl\RD OF ZONING ADJUS'IMENTS MINUTES -March 1, 1982 Page 11 VARIANCE REQUEST BZA. 154-454 -123-157 Pier / 1215-1331 Manhattan (Cont.) Public Hearing opened at 9: 55 P .11. Kathy Anderson, 1117 First Street, Manhattan Beach, representing the applicant, stated that they are proposing to build a 176-unit hotel. The entrance to the hotel is on the Manhattan Avenue side. There will be no hotel rooms on the ground level. The ground level will have some hotel-related retail shops. Also on the ground level, there will be three conference roams of about 600 square feet each. The hotel will have a restaurant and a lounge, mainly for the service of t..he hotel. The restaurant will have access from the corner of Manhattan Avenue and Pier Avenue. She stated that there will be two levels of subterranean parking, one level entering from Palm and one level entering from 14th Street. 'lhe entire building, except for one corner, is under the height requirerrent. The one comer is 48 feet, making it three feet above the height requireIIEnt; however, there is no visual impact. She stated that the applicant nrust have 176 room; to rrake the financing workable. She spoke in argurrent to Jim Bates' letter, stating that the proposed building is in excess of 45 feet only on one corner. In response to G. Louis Graziadio's letter, she stated that the proposed hotel is one of quality, and it must be approved by the Henoosa Beach I:mprovenait Corrmission. Ms. Anderson continued, stating that the only rooms that will be on ground level will be ar01nd the pool and the courtyard area. Chrrn. Merrill asked what type of security will be used for persons walking into the elevators. }1s. Anderson. replied that they will be using fixed video caITEras. Th.ere will be a m:mitoring screen in the lobby, the manager's office, or at the front desk. She stated that the elevators will be rronitored at all tines. Corrrn. Cutler asked if this project will cause obstruction to views of the residents. Ms. Anderson. replied that rrost of the structures directly across the street are :in the cOillrercial zone. She mentioned, however, that anything that goes up on the property in question will obstruct SOOE views. Ms. Anderson stated that rrost of the hotel's business will be from the El Segundo business area and the Los Angeles airport. There will be tm shuttle buses going to and from the Los Angeles airport to the hotel. They will be rmning for two to three hours in the nnming and afternoon. Corrm. Williams asked the applicant if the City is planning on taking out the large piece· of concrete in the middle of Manhattan Avenue. Ms. Anderson replied that there is no reason ivhy the delivery trucks will have to enter from the Manhattan Avenue side. She stated that there is a safe route, consisting of right turns only, which leads down Pier Avenue. BOARD OF 2'DNING ADJUSTMENTS MINUTES -March 1, 1982 Page 12 VARIANCE ~UESI' BZA. 154-454 -123-157 Pier / 1215-1331 Manhattan (Cont.) Mr. Alton declared that the Public Works Departrrent will look into the poss:ibility of recroving the concrete. *stating that he was now speaking as a private citizen, Lee Alton, 918 Manhattan Avenue, HernDsa Beach,*spoke in favor of the proposed variance. He stated that the only issue he would speak on as a private citizen is the viability of the cormBrcial zones. He stated that he has been a con-sulting architect on hotels for Intercontinental Hotels and Hilton Hotels, for Welton Becket Associates on a world-wide basis, He addressed the Board, stating that if Herrrnsa Beach needs a hotel, one question is how large it should be. He stated that 100 room hotels n:ake nore per roan than 50 room hotels and this effect continues to the point of diminishing returns which is appraxinRtely 200 rooms. He pointed out that the Applicant had asserrbled an entire block and yet this was not enough for an optinllm sized hotel unless an additional floor can be fitted into the height limit. He believed that if Herroosa Beach needs a hotel at all, it needs a viable one. One one else appeared to speak in favor of the proposed variance. Terry Ricorsky, Hern:osa Beach, stated that he lives on the property directly across from the proposed hotel, and that property is :zoned R-3. He urged the Conmission not to grant the extra story, as it would destroy his ocean view, thus lowering his property value. He stated that he will appeal the Board's decision if the extra story is granted. Cornn. Cutler asked Mr. Ricorsky if he would be willing to accept the proposal if the corporation offered paynBnt for his loss of view. Mr. Ricorsky replied in the affirrrative; however, be noted that his view v.ould not be the only view affected by this project. Mr. Cunmings, 901 -16th Street, Hernnsa Beach, stated that he lives on the top of the hill, and this project will cbstruct his view of the pier. He stated that the City will be setting a precedent if they approve this variance. Bonnie Wulfe, 1212 Third Street, Herrrosa Beach, stated that she:_ was'c.concerned about 'the. height. She stated that there were no reasons to make an exception to grant that one corner of the hotel above the height limit. Chrnn. Merrill stated that two letters were submitted to the Board in opposition to the proposed variance. One was from Louis Graziadio of 1334 Manhattan Avenue and 215 Pier Avenue. The other letter was from Jim Bates of 843 -8th Place, Hernosa Beach . .Ms. Anderson, representing the applicant, stated that her client has the right to a 45-foot block of air space on the property in question. He has the right to develop his rights to the fullest and best use. She added that a corrmercial building on this site, larger than the hotel in scale and height over-all vias approved by the Planning Com:ni.ssion, the City Council, and the Coastal Conmission. OOARD OF ZDN.ING ADJUSTMENTS MINUTES -March 1, 1982 Page 13 VARIANCE ~sr BZA 154-454 -123-157 Pier/1215.:..1331 Manhattan (Cont.) She stated that the build:ing was to be a condominium-type development instead of a straight cormercial developroont. Elle said she has tv.o feet, and in son:e cases ten feet, to play with before she starts :invading into the public's and the private 1s rights to that air space. She felt that granting the variance v.uuld not be sett:ing a precedent. Public hearing closed at 10:41 p.m. Corrm. DeBellis stated that he could not grant the variance with four stories, because he could not Imke the Find:ings. He explained that the City rray grant -variances to properties that predate existing Code; however, the City tries to rmke all new construction ~t Code. Ca;rm. Williams stated that an exceptional circumstance V10uld be the topography. Motion by Comn. Toth, seconded by Cornn. Williams, to approve Variance Request BZA 154-454 with the condition that the mitigation rreasures be adopted. AYES: Conm. Toth, Williams, Chmn. Merrill NOES: Cooms. Cutler, DeBellis, Ebey ABSENT: Chlm. Moore Chrrn. Merrill stated that a 3-3 vote constitutes a denial. The applicant nay either cooe back to the next n:eeting in hopes of a full Board, or he JIRY appeal to the City Council. Ms. Anderson stated that they would appeal to the City Council. Comn. Cutler, referring to the public stateIIBnt of Director of Building and Safety Lee Alton, stated his belief that it is inappropriate that a staff n:errber should act in the capacity of a staff menber during a meeting and also on a specific agenda item, and then during that IIEeting and on that agenda item, also speak as a private citizen. Cornn. Ebey felt that it was completely out of order for a person to speak as both a Jrerrber of staff and as a private citizen on the sane agenda item. Mrs. llike stated that Mr. Alton took over the staff report at her request because of his knowledge on the subject of hotel construction. REVIEWS None MISCELI.ANEOUS Mrs. Duke stated that all meetings that are cancelled or postponed will be held over to the following Monday night or reooheduled for the next regular rreeting date. Conm. Williams stated that the District Attorney will not go to court on any bootleg apartIOOnt unless it has coire before the Board of '.Zoning AdjustIIEllts. Motion to adjourn at 11:03 p.m. " BOARD OF 2'DNING ADJUS'IMENTS MINUTES -March 1, 1982 Page 14 CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Board of Z.oning Adjustm:mts of the City of Herrrosa Beach, California. ~~ NEAL DATE