HomeMy WebLinkAboutBZA_Minutes_1982_04_05MINUTES OF THE 00!\RD OF ZONING ADJUS'IMENTS OF THE CITY OF HERMOSA BEACH HEID IN THE mUNCIL CHAMBERS OF CITY HALL ON APRIL 5, 1982, AT 7: 30 P .M. Meeting called to order at 7:38 P.M. by Crum. Moore Pledge of Allegiance led by Chrrn. Moore ROIL CAIL PRESENT: Corrms DeBellis Ebey, Merrill, Chrm. Moore ABSENT: Conms. Cutl~r, Toth, Williams ALSO PRESENT: Laurie Duke, Staff Liaiscm COll]IlS. Cutler, Toth, and Williams were excused from this rreeting. APPROVAL OF :MINUTES Motion by Coom. Ebey, seconded by Corrm. Merrill, to approve the March 15, 1982, minutes with the following addition: Page 1, Approval of Minutes, Para. 1, should read, ''Motion by Conm. Merrill, seconded by Cornn. Toth, to approve ... " No objections, so ordered. APPROVAL OF RESOLUTIONS None CONSENT CALENDAR None VARIANCE REQUEST BZA 154-456 -235 30th Street Applicants: Drs. John and Andrea Nylund Mrs. Duke gave staff report. She stated that the property is located in the R-1 zone, TIEdium density residential. The lot size is 30 x 70 and the lot area is 2,100 sq. ft. The eristing and proposed lot density is 20.7 du/ac. 'Ihe existing lot coverage is 65.5%; the proposed lot coverage, 69.05%. The existing floor area is 1,630 sq. ft. and the proposed addi tim is 77 6 . 25 sq. ft. The applicants ' representative, :Mr: . Roy Young, appeared before the Board on February 1, 1982 with their original request, which was to add 50. 8% with the nonconforming yards . The request has now been revised as follows: (1) to add rrore than 40% (47. 6%) to an existing single family residence with nonconforming front and sideyard setbacks and to maintain the sarre setbacks with the addition
. , BCWID OF ZONING AD.TIJS'IMENTS MINUTES -April 5, 1982 Page 2 VARIANCE RE(pEST BZA 154-456 -235 30th Street (Cont.) as follows: East side -2'7+11 at rear & 2'10 1/2" at front of building and 0'' 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 0" at patio porch, in lieu of 3' required. Front yard -4' 3 1/2' at front of building & 0" at patio porch in lieu of the 7' required. The portion of rebuilt patio will require an encroacrurent pennit from City Council. The second level balcony encroaches to within 8" of the PL and is 14' wide. The second portion of the applicants' request is to increase the lot coverage from 65.5% to 69.05% (47 sq. ft. in second story overhang at the east rear corner of the building and 26 1/2 sq. ft. of stairs over 30" high in v.est sideyard.) The third portion of the variance is to provide stair at the front in the required sideyard over 4' high (5'11" at high.est point) and is proposed to be other than solid concrete •: construction. The forth section of the variance is to exceed the allowable height of 25' by 14" with an open pipe railing only. Chrrn. Moore asked if there had been any conm:mts or notification from the neighborhood regarding this item. Mrs. Duke replied that there had been no written response to the notice. Cornn. Ebey requested the minutes from the February 1, 1982 ~eting. Chrrn._ Moore asked if there were any changes in the setbacks from the current condition of the building. Mrs. Duke replied that the only change would be the balcony in front at the second level. She stated that the balcony is not presently on the building. She ad:led that the overhang at the rear is not an -encroachment. She rrentione.d that anything beyond the front property line will be dealt with by the City Council as an encroachment onto City property. Public Hearing opened at 7:52 P.M. Dr. John Nyhnd, 235 30th Street, Henrosa Beach, applicant, stated that he has lived in HernDsa Beach since 1973. H.e stated that he and his wife purchased their present residence in 1976. That residence is suitable for a couple; hav;,,ever, they would like to make it a family dwelling. He desired to construct a quality addition since they are not plarming any further construction. He believed the addition would be an
. ' BOARD OF ZONING ADJUSTMENTS MINUTES -April 5, 1982 Page 3 VARIANCE REQUEST BU. 154-456 -235 30th Street (Cont.) asset to the neighborhood and the corrnn..mity. He stated that his intention is not to block the view of others or to infringe on anyone Is rights. Dr. Nylund stated that they have made certain revisions in their plans since their last presentation to the Board. The second bedroom with the overhang has been reduced by 50%. Toe pitch of the roof has been brought into conformity by iji[lat has been deeIIEd acceptable by the City. 1he second fireplace on the side of the building has been eliminated in an effort to decrease the blockage of view to surromd.ing neighbors. He submitted a group of letters from neighbors who wrote in favor of the proposed projects. The four letters submitted to the Board in favor of the proposed project were from Suzanne Lasbury, 244 31st Street, Herm:isa Beach; Arthur Hutchinson, 245 30th Street, Hennosa Beach; Ida Stanley Bird, 248 31st Street, Hernosa Beach, and; Mr. and Mrs. John Denboski, 242 31st Street, Henrosa Beach. Andrea Nylund, 235 30th Street, Henmsa Beach, applicant, stated that the above letters were from hoIIEown.ers who would be directly affected by the proposed project. Dr. Nylund stated that houses on either side of their house have gr-eater overhangs than what they are proposing. Blake Stephans, 118 S. Catalina, Redondo Beach, representative of Young & Associates, stated that the second-floor balcony replaces an exi.sting porch roof; therefore, the balcony will not extend out as far as the existing stnicture. He believed that the balcony would have less of an irrpact an up-street views because it is cantilevered, and it does not have a slope tile roof which the existing structure does have. No one else appeared to speak in favor of the proposed variance. Mark Noble, 255 30th Street, HeTIIDsa Beach, spoke in opposition to the proposed variance. He stated that three of the hOITEowners who wrote letters in favor of the variance will not even be affected by the variance. He stated that the railing, the hot tub, and a raised patio will have no detrinental effect on anyone's desire to have a family. He stated that this particular lot slopes not only ,:,..rest towards the ocean, but also south towards the pier. He stated that, based on Mr. Alton's interpretation of existing grade, the proposed addition should be terned an irrproverrent. He stated that the lot is built up, and when the sidewalk is not used for measurenent, the corrnon ground is lost. He stated that Lee Alton rrentioned in his representation that all five lots, without exception, were elevated. He submitted photpgraphs to
. , BQ\RD OF ZONIN'.i ADJUS'lNENTS MINUTES -April 5, 1982 Page 4 VARIANC:::E REQJEST BZA. 154-456 -235 30th Street (Cont.) the Board, mich he nentioned would disprove Mr . Alton's interpretation. He stated that Mr. Alton's interpretation was that there were 28 inches of height difference between the two; however, he ca.IIE up with 24 inches. He did not believe that a road was cut after all of the houses were built in a subnerged level. He believed that Mr. Alton rmde his interpretation based only on a letter, not on any raw mnnbers that indicate the rreasurerrents of the lot. He clained that Mr. Alton's interpretation was also based on past inaccuracies in terms of representations. He urged the Board to consider that 1. 2 feet have been added to the 25 feet through Mr. Alton's interpretation. He stated that the project is 25 feet at three stories, one story being the deck and the spa. He mentioned that the railing should be considered in the calculation of the height. He stated that it is an open railing; however, there is no guarantee that it will remain open. He stated that the applicants have offered no reasons my this project could not be built within the 25-foot height limitation. He noted that the applicants purchased the house in 1976 mich was after the R-1 zone was applicable to the property; therefore, the applicants knew their rights and their limitations. If the applicants are allowed to build past the limits, it will be at the expense of another. He rrentianed that the Board must make specific findings with a heavy burden beyond a reasonable doubt to prevent the violation of another's rights. He quoted Section 1309 stating that the Board may approve a nonconforming building; however, there must be conforming sideyards and front yard setback, and the increase should be no more than 40%. He stated that the porch is not eristing, and the balcony is encroaching 6 ft. 4 in. in the front setback. He stressed that there are no exceptional circumstances with which to make the findings , and there are no second stories on the street that have a lesser setback. He believed that the proposed variance would be detriIIE11tal to others in that it will cause crowding, it will obstnict views, and it will take :May ligpt and air. Chnn. Moore asked the applicants what they feel are the exceptional circum.stances which warrant corning before the Board for the variance. Mt:-s. Nylund replied that they brought the balcony d0vi7J'.1 .as far as possible. She also cla.IBEd that there was no crawl space. She stated that they need the 14 inches of pipe railing as a safety requirerrent, and that railing will not block anybody's view. Blake Stephans stated that they have tried to keep the height as low as possible; however, the piping that must be used as a safety measure does exceed the height limit. Dr. Nylund stated that the balcony over the front door is actually a stucco porch with a cerrent stairway, and it has a built-in roof over the top. Roy Young, 118 S. Catalina, Redondo Beach, architect, stated that they must go over the height limit because the guard rail is rrandatory.
. ; BOARD OF ZONING ADJUS'IMENTS -April 5, 1982 Page 5 VARIANCE REcpEST BZA 154-456 -235 30th Street (Cont.) Mr. Noble stated that there is a significant crawl space below the tub. He stated that the tub could be lowered, or the deck could be put on the second floor. Mr. Stephans stated that the hot tub is as low as it could possible be. Public Hear:ing closed at 8:33 P.M. Comn. DeBellis stated that he could wte for Variance 1/1 and 2. Chirn. Moore asked if the City would have any realistic control to ensure that the railing remain open. Mes. Duke stated that if they were :inforrred that the rail:ing were not open, the City could order its removal. Chrm. Moore asked for the length of the rail:ing. :Mrs. Duke replied 15 feet. Comn. Ebey asked if the Board should incorporate into the action that the chirrney COOE down. Mrs . Duke replied in the affinnati ve . Clum. Moore noted concern for allo;ving a variance on the front balcony. However, he stated that he could vote for the second story as is,,including the additional lot coverage. Chim. Moore anEnded the variances to be Variance If 1, la, 2 , 3, and 4. la would be that part of 1 which reads, "The second level balcony encroaches to within 811 of the PL and is 14' wide." This will remove all reference of the second level balcony from part one of the variance request. Motion by Coom. Merrill, seconded by Chnn. Moore, that Variance Request BZA 154-456 come :in five parts, those being 1, la, 2, 3, and 4. Motion by Conm. DeBe llis , seconded by Coran. Ebey, to approve Variance fll. AYES: NOES: ABSENT: C.01Im3 . DeBellis , Ebey, Merrill, Chim . Moore None Conrns. Cutler, Toth, Williams Motion by Cornn. DeBellis, seconded by Conm. Merrill, to approve Variance ffla. AYES: NOES: ABSENT: COIIIIlS. DeBellis, Merrill CoIIIIlS . Ebey, Chnn. Moore Corrms. Cutler, Toth, Williams
BOARD OF ZONIN3 ADJUS'IMENTS MINUTES -April 5, 1982 Page 6 VARIANCE REQUEST BZA 154-456 -235 30th Street (Cont.) Chrm.. Moore stated that the action fails on a split vote. He offered the applicant the option of coming back before the Board when all seven rrerrbers are present. Motion by Corrm. DeBellis, seconded by CoIIIIl. Ebey, to approve Variance 112. AYES: NOES: Conms. DeBellis, Ebey, Merrill, Chrm. Moore None ABSENT: Conms. Cutler, Toth, Williams Cornn. DeBellis asked if, for approval of Variance ffo3, the Board should use verbage to the effect that the stair be canstncted of fireproof constroc tion. Mrs. Duke replied in the negative, stating that is an understood requiremmt. Motion by Comn. DeBellis, seconded by Comn. Merrill, to approve Variance ff3. AYES: NOES: Conrns. DeBellis, Ebey, Merrill, Crum. Moore None ABSENT: Conn,s . Cutler , Toth; .Williams Motion by Chnn. Moore, seconded by Cornn. Merrill, to approve Variance 114 to exceed the allowable height with the open pipe railing including the clarification that the Board grant the variance in consideration of its open construction and with the intent that it renain at least as open to view through the structure as it will be when first built. AYES: NOES: Corrms. DeBellis, Merrill, Chrm. Moore Cornn. Ebey ABSENI': Corrrns. Cutler, Toth, Williams Chnn. Moore inforn:ed the applicants that the Board did not approve the second-story balcony, and they conditioned their approval on the railing to remain an open railing. Motion by Cornn. DeBellis, seconded by Coran. J>1..errill, that the Board of Zoning Adjustrrents concurs with Mr. Alton's detennination of grade in this particular case. No objections, so ordered. Required Findings: 1 .... because the building was built in 1925 which predates existing Code; the construction of a second story, to be practical, rrrust take into account the existing first-story walls which this project does for the most part; reasonable physical desigp of the second story is made more reasonable by a small overhang into the alley at the second story level.
00\RD OF ZONING AD.TIJS'IMENI'S MINUTES -April 5 , 1982 Page;? VARIANCE REQUEST BZA 154-456 -235 30th Street (Cont.) 2. . . . because these variances are required for a normal and reasonable construction of a second story on the property; similar variances have been granted in the sane vicinity and zone to accomplish the sane purpose. 3. . . . because access to the property by fire and safety officials is not diminished; there is no substantial :irrpaima}t of light or air circulation in the neighborhood; the increased percentage of lot coverage is roughly minor in nature and consists of an overhang so that its actually open underneath; the stairs to be constructed. would be of fireproof nature, and the variance is only solid concrete construction as specified by Ccxle; four letters were submitted in favor of the proposed varianc.e. 4. . .. because the use of the structure remains R-1. Motion by Crnm. Moore, seconded by Corrm. Ebey, to approve the above Findings for Variances :/11, 2 , and 3. AYES: NOES: ABSENT: CODIIIS. DeBellis, Ebey, Merrill, Chm. Moore None Corrms. Cutler, Toth, Williams Motion by Conm. Merrill, seconded by Chm. Moore, to approve the Findings below for Variance ff4 . AYES: NOES: 1. 2. 3. 4. ABSENT: REVIEWS None . . . sa:rre as for Variances #1, 2, and 3 plus the added verbage, ''because the variance is very minor being 14 inches of open construction and does not affect air circulation and has only a minor effect on view, and it is only roughly 15 feet along the side elevation of the lot." . sane as for Variances /11, 2 , and 3 . . sane as for Variances 111, 2, and 3. . sane as for Variances -fl 1, 2, and 3. Comns. DeBellis, Merrill, Cbrrn. !:1oore Cornn. Ebey Cornns. Cutler, Toth, Williams
',, " BQ\RD OF ZONING ADJUS'Il1ENI'S MINUTES -April 5, 1982 Page 8 MISCELIANEOUS Cornn. Merrill requested that any reference to excused and unexcused absences of Board trernbers be renuved from the minutes. He believed it were unnecessary. Mrs. Duke stated that it aids her :in determining who will be at the next neet:ing and if there will be a quorum. Comm. DeBellis stated that it is in the minutes at the request of the City Council . Chnn. Moore asked for a clarification from the City Council as to whether they 'Wailt catagorized absences or just absences. He noted that absences are recorded in the Roll Call. Mrs. Duke stated that she considers any call before 3 :00 p.m. the day of the rreeting as an excused.absence. Corrrn. Ebey asked for a response as to mat the City receives in the way of bed taxes for the hotel that used to be the Watergate. Motion to adjomn at 9:29 P.M. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular IIEet:ing of the Board of Zoning Adjusto:e.nts of the City of Henoosa Beach, California. ~ DATE