HomeMy WebLinkAboutBZA_Minutes_1982_07_19. ' MINUTES OF TI1E OOARD OF ZONING ADJUSTMENTS OF lliE CI'IY OF HERM'.)SA BEACH HELD IN THE COUNCIL CHAMBERS OF CITY HAIL ON JULY 19, 1982, AT 7: 30 P .M. Meeting called to order at 7:32 P.M. by Chnn. Moore Pledge of Allegiance led by Chnn. Moore ROIL CAIL PRESENI': Comrns. Cutler, De13ellis, Merrill, Williams, Chrm. Moore ABSENT: Corrms. Ebey, Toth ALSO PRESENT: Laurie Duke, Staff Liaison Comns. Ebey and Toth had excused absences. APPROVAL OF MNUTES Motion by Cornn. DeBellis, seconded by Cornn. Merrill, to approve the June 29, 1982 minutes, as submitted. AYES: NOES: ABSENT: Comns. Cutler, DeBellis, Merrill, Williams, Chrrn. Moore None Comns . Ebey, Toth APPROVAL OF RESOLUTIONS None CONSENT CALENDAR PEIR HB 82-015 -CorinE.rcial Planned Developrrent Overlay Zone (Revised) C'.omn. Merrill pulled the above item from the Consent Calendar. Chrm. M:Jore stated that the above item would be heard under Reviews. PUBLIC HEARINGS VARIANCE BZA 154~468 -1512 Prospect Avenue Applicant: Nancy Grube Mrs. Duke gave s ta££ report. She stated that the property was located in the R-1 zone,· low density residential. The existing and proposed lot density was 13.71 du/ac. The existing lot coverage was 39%; the proposed lot coverage, 47%. Th.e existing floor area was 912 sq. ft. , and the proposed addition was 992 sq. ft. She stated that the applicant was requestmg permission to add rrore than 40% to an existing Sll}gle
BOARD OF ZCN.ING ADJUS'IMENI'S MINUTES -July 19, 1982 Page 2 VARIANCE REQUEST BZA 154-468 (Cont. ) family dwelling with an exist:ing nonconforming north side yard setback of 2' in lieu of the 3' required, and to maintain the nonconformity with the second story addition. She stated that an interior inspection of the premises was made by the Building DepartIIEnt on July 12 and the floor plan of the existing residence was found to be in conformance •.with plans submitted. Public Hearing opened at 7:35 P.M. Nanci Grube, 1512 Prospect Avenue, Herrrosa Beach, applicant, stated that she was applying for a second floor for a bedroom, bathroom, and an office. No one spoke in favor of granting the variance. No one spoke in opposition to granting the variance. Public Hearing closed at 7:37 P.M. Motion by Coom. DeBellis, seconded by Ccmn. Merrill, to approve Variance Request BZA 154-468. AYES: NOES: Comns. Cutler, DeBellis, Merrill, Williams, Chim. Moore None ABSENT: COIIm.3 . Ebey, Toth Required Findings : 1. ... because the building was constructed in 1949 which predates eristing Code; the addition of a second story that would conform with sideyards would be exceptionally difficult; this constitutes an extraordinary circumstance that has occurred in many other buildings in town. 2. . . . because this variance is necessary to enable the owner to create a second story; it is a right that has been enjoyed by many other properties in the sarIE vicinity and zone. 3 ..... because the variance will not encroach further on ground clearance problems, ground footprint of the building; there was no opposition at the public hearing; both neighbors adjacent to the property in question indicated their approval of the project. 4. . . . because this will not affect the use of the land or the general plan. Moticn by Crum. Moore, seconded by Coom. DeBellis, to approve the above Findings. AYES: NOES: ABSENT: Corrms. Cutler, DeBellis, Merrill, Williams, Chtm. Moore None Corrms . Ebey, Toth
BOARD OF ZONrn:G ADJUSTMENI'S MINUTES -July 19, 1982 VARIANCE BZA 154-469 -218 8th Street Applicant: Michael Updike Page 3 Mrs. Duke gave staff report. She stated that this is a revision to a variance in which the building permit had been pulled; however, while under constrnction, the applicants found it economically feasible to add one additional bedroom on the second story. She noted that any additions to this property require a variance due to the nonconforming yards. She stated that the applicant requested penrd.ssion to add 155.8 sq. ft. of additional floor area maintaining nonconforming sideyards of 2.351 and 2.8' in lieu of the 31 required. She stated that last October the Board granted Mr. Updike penni.ssian to add two bedrooms and a bath to his residence. He received his building permit for this addition in March and has started construction. In the rreant:iJIE, he has returned with a request to add one roore bedroom, 7.851 x 19.85' in size. Public Hearing opened at 7 :47 P .M. Michael Updike, 218 8th Street, He:rnnsa Beach, applicant, stated that he would like to add another bedroom while he has the building permit. He stated that he did not notify his neighbors of the change; however, it was noticed. No one spoke in favor of the variance. No one spoke in opposition to the variance. Public Hearing closed at 7:49 P.M. Motion by Cornn. Merrill, seconded by Corrm. Williams, to approve Variance Request BZA 154-469. AYES: NOES: .ABSENT: Comns . Cutler, DeBellis , Merrill, Williams , Chnn. Moore None Comns . Ebey, Toth VARIANCE BZA 154-470 -1160 Cypress Avenue Applicants : Gary and Maude Feil Mrs. Duke gave staff report. She stated that the property was located in the R-3 zone, high density residential. The existing and proposed lot density was 10.89 du/ac. The existing lot coverage was 34%; the proposed lot coverage, 36%. The existing floor area was 1009.89 sq. ft., and the new floor area was 652 sq. ft. She stated that the applicants were requesting permission to add roc,re than 40% to an existing single family dwelling with a nonconfonning 3'611 sideyard in lieu of the 4' required, said addition to conform to the required setback. 1he addition consisted of a bedroom, bath, sitting area and deck at the second story.
BOARD OF ZONlliG ADJUSTMENTS MINUIES -July 19, 1982 Page 4 VARIANCE BZ.A 154-470 -1160 Cypress Avenue (Cont.) She stated that an interior inspection of the premises was made by the Building Departmmt on July 13, and the floor plan of the existing residence was found to be in conformance with plans submitted. Public Hearing opened at 7: 53 P .M. Frank Swanson, 3401 Highland Avenue, Manhattan Beach, representing the applicant, appeared to answer any questions of the Board. No one appeared to speak in favor of the variance. No one appeared to speak in opposition to the variance. Public Hearing closed at 7:55 P.M. Motion by Conm. Williams , seconded by Conm. Merrill, to approve Variance Request BZA 154-470. AYES: NOES: Comrns . Cutler, DeBellis , Merrill, Williams , Cbon. Moore None ABSENT: COlIIllS • Ebey, Toth Required Findings: 1. . . . because the building was built before 1947 which predates existing Code; to bring the building into conformity would be exceptionally difficult; the second story addition nEets the requirerrents of a 40-foot wide lot. 2 . . . . because many other properties in the sane vicinity and zcme are able to build second stories, many of them with minor variances of this sort. 3. . . . because the second story ~ets all the setback requirerrents of the current Code and does not have a negative effect on air and light circulation; there is no change to the gromd floor footprint of the building; there was no negative input at the public hearing or in writing to the Board. 4. . .. because this project does not change the use of the property which is acceptable under the general plan. :Motion by Cbrm. Moore, seconded by Cornn. Cutler, to approve the above Findings. AYES: NOES: ABSENT: Corrms . Cutler, DeBellis , Merrill, Williams, Ghrm. Moore None Conms . Ebey, Toth
BOABD OF ZONING ADJUSTMENTS MINUTES -July 19, 1982 Page 5 CONDITIONAL USE.PERMIT BZA. 154~471 -52 Pier Avenue Mrs. Duke gave staff report. She stated that the applicants are requesting a nodification of their conditional use permit. The property was located in the C-2 zone. The applicants were requesting pennission to be allowed to have a male exotic dance revue one night a week (Sunday nights) . The show is 1 1/2 hrs . to 2 hrs . in length during which tiIIE only female custOirers will be allowed. The business presently has a conditional use pennit for alcoholic beverages issued by the Planning Coornission in 1968. Pier 52 operates as a nightclub with amplified tID..ISic and custrnrer dancing. Their hours of operation are 2:00 P.M. to 2:00 A.M. seven nights each week. The owners indicated at the Staff Review Comm. ttee ~eting that they would provide additional doormm (between 4 and 8, dependent on need) on Sunday evenings. The Staff Review Comnittee suggested five conditions should the Board grant the request. COIIID. Cutler noted that the original conditional use permit states that it could not be transfered. Mrs. Duke stated that there have been a nurrber of transfers even though the conditional use pennit says no transfer. TiTIE.ly discovery was not made of this fact; therefore, the applicants of the premises at this tine could not be burdened with that fact. Coran. Cutler asked why the conditional use pennit is not void because it does not follow the requir~ts set forth by the Board at that tire. Cornn. Williams asked if the original conditional use pennit were for a restam:-ant. Mrs. Duke replied in the affirmative. Comn. Williamc::; asked if there were a conditional use permit for a nightclub for this property. Mrs. Duke replied that there is reference in the records of the City Council ~eting where they talked about a nightclub operation with no food being served. Coran. Williams stated that cocktail bars and beer parlors are allowed in the C-3 zone only. Mrs. Duke concurred, adding, however, that the nightclub use on this property is grandfathered. Conrn. Williams asked for the total occupancy of Pier 52. Mrs. Duke believed it was 120. Chrrn. Moore asked if staff had received any negative input on this i tern. Mrs. Duke noted one letter of opposition.
BOARD OF ZONING ADJUS'll1ENI'S }IDID'I'ES -July 19, 1982 CONDITIONAL USE PERMIT BZA 154-471 -52 Pier Avenue (Cont.) Public Hearing opened at 8:10 P.M. Tony Molino, 52 Pier Avenue, Henrosa Beach, President of Pacific Supports Systems, stated that the show that they will be using is the sane show shown on pri.rre-t:i..ne television, i.e., P .M. Magazine, A.M. Aneric.a, etc. He stated that: the type of attire that the dance.rs will wear is nothing less than what is worn on the beach. Georgia Molino, 52 Pier Avenue, HenIDsa Beach, Secretary of Pacific Supports Systems, stated that on Sunday afternoons and evenings the businesses in downtown Hemosa Beach are slow; therefore, the shOW' will enhance the businesses and bring rrore revenue to the City. She stated that it would be a clean show. She stated that the two adjacent properties will be closed at the tine the show will be in progress. Cornn. Cutler asked how long Pacific Supports System:; has been operating Pier 52. Mr. Molino replied that they have been operating Pier 52 since Septenber 1, 1980. Conm. Cutler asked if Pacific Supports Systeffi'3 operated any other businesses. Mr. Molino replied in the negative. Page 6 Cl:nrn. Moore asked if the staff's recoI1IIEI1ded conditions were acceptable to the applicants. Mr. Molino replied in the affinnative. He stated that they were hoping for a capacity crowd, which they have on Friday and Saturday nights. He noted that they have had no problems on weekend nights as of now. Co!IIIl. Cutler asked how many other nightclubs that have exotic dancing in the South Bay area the applicant was aware of. Mr. Molino replied that there were approximately six in the South Bay area. Comn. Cutler asked the applicant if he had contacted these other nightclubs to determine what problems, if any, arise from having the male exotic dance shows. Mr. Molino replied that he has had no personal contact with the other nightclubs; however, his brother-in-law puts on the show for the other clubs. He noted that any problems resulting from the operation of this show would be his responsibility. He could foresee no problem except for maybe lines waiting outside. He stated that there would be no doormen outside during the performance; there would be six doormm inside for crOW"d control.
BO.ARD OF ZONING ADJUS'IMENTS MINUI'ES -July 19, 1982 Page 7 CONDITIONAL USE PERMIT BZA 154-471 -52 Pier Avenue (Cont.) Steven Bass, co-™11er of Body Language, stated that he had been involved in the business for 4 years, dancing at many places in Southern California. He helped to fonn a group called Man Power which had appeared on four different television shows. He stated that any problems he had ever encountered have been normal bar problems. No one else appeared to speak in favor of the mJdification of the conditional use permit. Pete Mangurion, 2419 Ralston, Redondo Beach, stated that he was representing seven parcels on 11th Street facing the back of Pier 52. He did not object to their business interests; he objected to the anplified TilllSic. He stated that the police had been repeatedly notified of the excessive noise coming from Pier 52's back door. After complaining, the back door is closed, and then it is opened again. He requested that the Board require the applicants to have two rear doors with self-closing rrechanisms to reduce the noise level. Gary Brutsch, 3112 Hernnsa Avenue, Henrosa Beach, speaking as a private citizen, stated that he had spent 18 years on the Los Angeles Police Departmmt. He stated that, from his experience, he has never seen orderly lines inside after the dances. He stated that there were concerns about lewd conduct violations. Genevive Batchelor, 631 Longfellow, Hermosa Beach, spoke in opposition to the proposed conditional use permit nndification. She stated that adult enterta:irmElt has no place in Hemosa Beach. Marilyn Castles, 46 11th Street, He1100sa Beach, stated that her front door is across from the back entrance of Pier 52. She clained that the back entrance was a major entrance to the chili. She submitted a list of the days she had called the police to respond to the excessive noise coming from Pier 52. She noted concern for closing hours when the patrons break beer bottles in the parking lot outside the back entrance. Dorothy Kitney, 19th Street, Hermosa Beach, submitted 51 signatures of persons opposing the roodification of the conditional use penni.t. Robert Curry, 1509 Monterey Boulevard, He:rnnsa Beach, introduced his three children to the Board. He stated that the television program'3 that have sh~ male exotic dancing are rrerely programs to infonn the public. He noted that many residents of Henoosa Beach were not aware of this proposal. Violette Isgreen, 726 Prospect Avenue, Henmsa Beach, stated that she was violently opposed to this type of entertairment in Henmsa Beach.
BOARD OF ZONING ADJUSTMENTS MINUI'ES -July 19, 1982 CONDITIONAL USE PERMIT BZA 154-471 -52 Pier Avenue (Cont.) Mr. Molino, applicant, stated that the noise problem was brought to his attention by the Police Depararent on Saturday, July 17, 1982. He noted that they will keep the back door closed in the future . Conm. Cutler asked if the back door were a major entrance to the cltlb. Mr. Molino replied that 50% of the patrons use the front door, and 50% use the back door. Public Hearing closed at 8: SO P .M. Conm. DeBellis asked if this were an expansion of a nonconforming use. Mrs. Duke replied in the affirmative, adding that they currently are allowed to have anplified music. Cornn. Williarrs felt that there were no ususual or extraordinary circumstances with which to grant the rrodification. However, she stated that she could not deny the rrodification on the basis of the type of entertainrrEnt. She noted that she could not grant the roodification for any type of expansion, regardless of the type of use. Chrrn. Moore asked if the request for rrodificatian had been noticed. Mrs. Duke replied that it was noticed, and there was an article in the newspaper. Cornn. DeBellis asked if it were discriminatory in Herrn::,sa Beach not to allow both sexes in the bar at any given ti.IJE. Mrs. Duke replied that she would have to obtain an opinion from the City Attorney. Chnn. Moore stated that his concern lied with crowd control outside before and after the perfonnance. He was also concerned with vm.ether or not the fire lanes would be mrlntained. He suggested expanding Condition 113 to cover not only the hours of operation, but also the crowd control and custon:er safety control before and after the show. Page 8 Cornn. DeBellis stated that the Board had before them an enntionally-charged issue, and he believed that if sorre other type of enterta:irmEnt were being proposed, there would be little or no opposition. He stated that this particular business is in the parking district, so the City says the parking is adequate. He stated that the Board was errpowered to require the applicants to install a self-closing door. If the Board approved this request, he felt that the applicant should be required to add additional doorrren ..
BOARD OF ZONING ADJUS'IMENTS MINUI'ES -July 19, 1982 CONDITIONAL USE PERMIT BZA 154-471 -52 Pier Avenue (Cont.) Coom. Cutler stated that a condition of approval should be that the dance revue be permitted only an Sunday nights from 8:00 P.M. to 9:30 P.M. Corrm. Merrill suggested allowing the dance revue from 8 :00 P .M. to 10 :00 P .M. Chnn. Moore suggested that a Condition #7 read, "If, in the judgercent of the Police Departnent, it is deeIIBd necessary, policeIIEn will be assigned to provide crowd control and patron security at the expense of the business.'' Page 9 Motion by Chrrn. Moore to approve Modification of CUP BZA 154-471 with the suggested conditions of staff and with the following additional conditions: Condition /}6, 1'That the dance revue be lirni..ted to the hours of 8:00 P.M. and 9:30 P.M'.'; Condition 1}7, ''Th.at lineups for entry to the show and lineups to enter the club after the show nust be at the Pier Avenue entrance. No lineups are to be permitted at the parking lot entrance"; Condition 1/8, "That the review date will be set for two rronths." c.onditian 11=3 is to be anended to read, "If, in the judgerrent of the Police Depa.rtn:61t, it is deemed necessary, policerren will be assigned to provide crowd control and patron security at the expense of the business." Motion died, due to lack of a second. Motion by Cornn. Williams , seconded by Corrm. Cutler, to deny Modification of CUP BZA 154-471 based on the fact that the business is not allowed in the C-2 zone, and it would be an e:xpansion of their use and may place an unacceptable burden on the Police DepartrrEnt. Also, there are no exceptional or unusual circumstances. c.omn. Cutler noted that his concern was that crowd control was not deuonstrated. AYES: NOES: ABSENT: Comm. Cutler, Merrill, Williams Corrm. DeBellis, Chnn. Moore Corrrns . Ebey, Toth Chnn. M::lore stated that the action may be appealed to the City Council in writing within ten days. CONDITIONAL USE PERMIT BZA 154-472 -1014 Henrosa Avenue Applicant: Michael Kawasaki Mrs. Duke gave staff report. had a conditional use permit. She stated that this property originally The applicant applied for a business