HomeMy WebLinkAboutBZA_Minutes_1982_04_19• MINUTES OF THE BOARD OF ZONING ADJUS'IMENTS OF THE CITY OF HERMOSA BEACH HELD IN THE COUNCIL CHAMBERS OF CITY HALL 0..1'1 APRIL 19, 1982, AT 7: 30 P .M. Meet:ing called to order at 7: 34 P .M. by Chrrn. :Moore Pledge of Allegiance led by Corrm. l'..errill ROLL CALl... PRESENT: Comns. Cutler, Ebey, Merrill, Toth, Chrm. Moore ABSENT: Comns. DeBellis, Williams .ALSO PRESENT: Laurie Duke, Staff Liaison Janice Silver (for purposes of cross-training) Conms. DeBellis and Williams had excused absences. APffi(JJ AL OF MINUTES Motion by Cornn. Ebey, seconded by Comn. Merrill, to approve the April 5, 1982, minutes as submitted. No objections, so ordered. APPROVAL OF RESOLUTIONS None CONSENT CALENDAR None VARIANCE REQJEST BZA 154-451 -541 24th Place Applicants : Ronald & Susan Croft Mrs. Duke gave staff report. She stated that the property is located in the R-1 zone, low density residential. The lot size is 50 x 124. 92, and the lot area is 6,246.50 sq. ft. The existing and proposed lot density is 7 du/ac. The existing lot coverage is 23.2%; proposed lot coverage, 47.85%. The existing floor area is 1450 sq. ft.; the added floor area, 1293.5 sq. ft. The renoved floor area is 340 sq. ft., and the total proposed floor area is 2403.5 sq. ft. She stated that the applicants were requesting permission to add 65. 75% to an existing single family dwelling with a nonconforming 3 1/2 ft. easterly sideyard setback in lieu of the 5 ft. requireg.; the proposed addition will reet all yard requireIIEnts. She stated that this request is minilml in nature and is the type granted by the Board !Il9IlY tines in the past; therefore, staff recorrrrended granting the variance subject to a deed restriction limiting the use of the property to a single family dwell:ing if the Board could rrake the required findings. She stated that an interior inspection of the premises was rrade on April 13, 1982, and the floor plan was found to be in conformmce with plans submitted.
BOARD OF ZONING ADJUS'IMENTS MINUTES -April 19, 1982 Page 2 VARIANCE REQUEST BZA 154-457 -541 24th Pl.ace (Cant. ) Mrs. Duke submitted a petitinn to the Board containing four sets of signatures in favor of the proposed variance. She added that she had received no written or oral opposition. Chim. Moore asked if the building was legal at 3 1/2 feet when it was built in 1955. Mrs. Duke replied that three feet would have been legal at that tine. Public Hearing opened at 7: 38 P.H. Ron Croft, 541 24th Place, Herrrosa Beach, applicant, stated that the building has been as is since 1955. Conm. Ebey asked Mr. Croft if he would be agreeable to a deed restriction. Mr. Croft replied in the affirmative. Dave Garrett, Hermosa Beach, stated that he lived to the east side of the applicant, and he spoke in favor of the proposed variance. No one appeared to speak in opposition to the proposed variance. Public Hearing closed at 7:40 P.M. Motion by Conm. Toth, seconded by Comn. Ebey, to approve Variance Request BZA. 154-457 subject to a deed restriction limiting the use of the property to a single family dwelling. AYES: NOES: Comns. Cutler, Ebey, Merrill, Toth, Chnn. Moore None ABSENT: Comns. DeBellis, Williams Chnn. Moore announced that anyone rray appeal the Board's decision in writing to the City Council within ten days. Required Findings: 1. . . . because the house was conforming when built in 1955 ; the 3 1/2 foot sideyard has posed no problem in the past, in fact, it is a large portion of 'What lots have as a sideyard today. 2 .... because the Board has granted similar variances; the applicants are not asking to continue t.he sideyard; to add substantially to the house, they would need a variance. 3 . . . . because it would not have any effect on light or air or make any hazard for adjoining property; one person appeared at the public hearing in favor of the proposed variance, and
BOARD OF ZONING ADJUS'Il1ENTS ?'.-fINUTES -April 19, 1982 Page 3 VARIANCE REQUEST BZA 154-457 -541 24th Place (Cont.) no sigpatures were submitted in opposition. 4 .... because it does not change the density, and the applicant agreed to sign a deed restriction limiting the use to single family. Motion by Corrm. :Verrill, seconded by Coorn. Ebey, to approve the Findings. AYES: Conms. Cutler, Ebey, Merrill, Toth, Chnn. Moore :NOES: None ABSENT: Conms. De:Bellis, Williams CONDITIONAL USE PERMIT REQUEST B.Z.A. 154-458 -1229 Hermosa Avenue Applicant: Mr. Barry Gott COIIIIl. Ebey announced that she would abstain from this item because she could be materially affected by the conditional use permit. ~s. Duke gave staff report. She stated that the property is located in the C-2 zone, general cOITIIErcial. She stated that the applicant was requesting permission to operate a theater/au:litoril.llilwi.th the following uses: 1) the showing of films; 2) laser shows; 3) live music; 4) lectures; 5) stage plays; 6) dance emibitions. She stated that the building site is located on the west side of Hernosa Avenue between Pier Avenue and 13th Street. The hours of operation requested on the conditional use permit application form were 9:00 A.M. to 2:00 A.M., seven days a week. She stated that on April 7, 1982, the Staff Review Conmi.ttee ITEt to discuss the enviroruIEI1tal aspects of the project and to provide a list of suggested conditions for the Board of Zoning AdjustrrEnt1 s consideration. Staff recorrroonded eight conditions if the Boani acted to approve the request. Cornn. Cutler asked if any of the conditions varied from the conditions inposed on the theater 'When it was operrated by different owners. Mrs. Duke replied in the negative; however, SOI.re of the conditions varied slightly. She stated that the previous owners had a conditional use permit for live entertainment on specified nights for a prodoction called the Rocky Horror Show. Coorn. Cutler asked if there were adequate parking at the site. Mrs. Duke replied in the affirrmtive, stating that there were~ City parking lots which they will use. Chrrn. Moore noted that the Manhattan Beach Board of Zoning Adjustn::e:nts comrrented that a conditimal use permit is really a use of the land rather than the right of a particular applicant. He asked for Hennosa :Beaei.'1' s interpretation.
BQi\RD OF ZONilG ADJUS'IMENTS MINUTES -April 19, 1982 Page 4 CONDITIONAL USE PERMIT REQUEST BZA 154-458 -1229 Hermosa Avenue (Cont.) Mrs. Duke replied that Hennosa Beach is the same way, because a conditional use permit does run with the land. Public Hearing opened at 7: 48 P .M. Barry Gott, 1117 LJma Drive, Henrosa Beach, applicant, stated that he was not aware that the conditional use penni.t v;uuld be transferred with the sale of the business. He stated that he was familiar with the backgr-omd of the theater and with sane of the entertainers. His uses of the theater are purely in tel.TIIS of cultural uses. He believed that having the facility function in the rmnner that he outl:ined would be adventageous to the conmunity at large. Cormn. Merrill asked the applicant for the rrethod he will use to prevent minors £ran slipping into the X-rated nnvies from a PG~. or G-rated rrovie. Mr. Gott replied that he has a ciIIEna on one side and a stage facility on the other side; therefore, film, will not be shOW'.l. simultaneously. He stated that he will put extra personnel at the doors, and he will instigate a ticket procedure v.ihereby cust~rs must keep their stubs and present them before entering or reentering the theater. Also, a drawing will be made during intennission of the rrovies . He stated that the City is protected in the fact that it has the right to review the conditional use pernrit. He was aware that it was his responsibility to handle the people in a manner that has the least am:>mt of impact an the City. He noted that the theater has been successful in the past, and it has helped the surrounding businesses. He wished to rehearse with the Fire Departrrent sorre type of evacuation procedure relative to the structure of the building. Crnm. Moore recomrended a condition that control of access to specific events inside the theater will remain the responsibility of the managerrent. Crum. Moore asked the applicant if he ~re agreeable to staff's suggestion that the hours of operation be limited to 12:00 midnight Sm.day through Thursday. Mr. Gott replied that he was agreeable to those hours; however, he mentioned that staff further stipulated that, in the case of a lecture, it nay extend beyond midnight. Corrm. Cutler asked what type of security device would be used. Mr. Gott stated that the m:mey and receipts will be transferred to managen:e.nt's office and later transferred to a nigpt deposit in a neighborhood bank. He noted that there is a small safe in the ticket booth. Mr. Gott stated that he managed the health food store Down to Earth for about seven years . He added that they were never broken into.
BQ\RD OF ZONING ADJUS1MENTS MINUI'ES -April 19 , 1982 Page 5 CONDITIONAL USE PERMIT BZA 154-458 -1229 Henrosa Avenue (Cont.) Clmn. Moore asked staff if the Board should have the fire hazards and other hazards eliminated prior to approval or if the Board should relate the conditional use penni.t to those problems. He asked if the applicant 'IM2.re responsible for eliminating the hazards. Mrs . Duke replied that the applicant is responsible for taking care of the hazards . She stated that Condition f p2 addressed the questions regarding present hazards . No one appeared to speak in favor of the conditional use permit. No one appeared to speak in opposition to the conditional use permit. Public Hearing closed at 8: 07 P .M. Comn. Merrill stated that the Board should set tv.0 review dates. :Mrs. Duke suggested using the phrase ". . .once the ccmditional use permit has been activated" for setting a review date. Conm. Merrill asked the applicant men he planned to start operation. Mr. Gott replied that he wished to operate the theater either April 29, 1982 to early May. Corrm. Merrill suggested a four-m::mth review and one year thereafter. Chrrn. Moore suggested a four-m.JI1th review, and the Board would set another review date at that tine. Corrm. Toth recoIIIIEilded making a review date of four n:onths and at least one year thereafter. Cbrm. Moore asked to add a Condition /19, that is, in recognition that there is 11Dre than one facility inside the building offering entertairment at the sane tine, it -will be the responsibility of the operator to control admission to individual facilities where such admission control is warranted such as an X-or R-rated rrovie. Cornn. Cutler asked if the P.oard could prohibit srroking and drinking in the theater. Mr. Gott stated that sm:Jking is not allowed in the theater; the lobby is set aside for snoking. Motion by Corrm. Toth, seconded by Cornn. Cutler, to approve Conditional Use Penni.t BZA 154-458 with the added Condition 119, and the permit is subject to a four-m:rn.th review and at least one year thereafter.
BOARD OF ZONING ADJUSTMENTS MINUTES -April 19, 1982 CONDITIONAL USE PERMIT BZA 154-458 -1229 Hernnsa Avenue (Cont.) AYES: NOES: ABSTAIN: ABSENT: Cornns. Cutler, Merrill, Toth, Chim. Moore None Corrm. Ebey Corrms. DeBellis, Williams Page 6 Chnn. Moore armounced that the Board's decision may be appealed to the City Corneil in writing within ten days. REVIEWS Conditional Use Penni.t BZA 154-423 -425 Hollowell Mrs . Duke stated that this was brought before the Board for its concurrence with the City Attorney's opinion that this requires an airendnent to the conditional use permit because it increases the scope of the school's operation. If the Board does not agree with the City Attorney's opinion, the Board should set a date to review the conditional use permit as it exists. She stated that the school has added a terrporary building because they have added another grade. Motion by Con:m. Ebey, seconded by C.Omn. Merrill, that the &Jard of Zoning Adjust:rrents concurs with the recomrendation of the City Attorney. A public hearing will be held on May 3, 1982, on the request to add a tenporary classroom. Cornn. Culter asked if the trailer building was being used as a classroom. Mrs. Duke replied in the affinnative. Chrm. Moore stated that, in order to hold a public hearing on May 3, 1982, the school would have to advertise by April 23, 1982. If it viere not advertised by that tine, the public hearing would be held on May 17, 1982. AYES: NOES: ABSENI': Conrn.s . Cutler, Ebey, Merril 1, Toth, Cbnn. Moore None C.orrms. DeBellis, Williams MISCEU.ANEOUS O::mm. Ebey noted that the Strawberry Patch was advertising for roller-skating waitresses. She asked if He:::m:isa Beach had an ordinance prohibiting rollerskating inside of restaurants. Mrs. Duke stated that she "WOuld investigate the matter. Motion to adjourn at 8 :29 P .M.
( BOARD OF ZONING ADJUS'IMENTS MINUTES -April 19, 1982 Page 7 CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular ~eting of the Board of Zoning Adjust:IIEnts of the City of Hernnsa Beach, California. DATE