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HomeMy WebLinkAboutBZA_Minutes_1982_08_16MINUTES OF THE BOARD OF ZONJJiJG ADJUSTMENTS OF THE CITY OF HERMOSA BEACH HEIF::IN THE COUNCIL CHAJ.VlBERS OF CITY HALL ON AUGUSI1 16, 1982 AT 7:30 PM. Meet:ing called to order at 7:32 P~'.M. by Chmn. Moore Pledge of Allegiance led by Chrm. Moore ROLL CALL PRESENT: Comns. Ebey, Toth, Williams, Chmn. Moore .ABSENT: Cornms. Cutler, DeBellis, Merrill ALSO PRESENT: Laurie Duke, Staff' Liaison Comm. Ebey was appointed Acting Secretary. Comms. Cutler, De.Bellis, and Merrill had excused absences. APPROVAL OF MINUI'ES Motion by Comm. Williams, seconded by Corrm. Ebey, to approve the August 2, 1982 minutes, with the following correction~ Bage 4, para. ll, should read, "Corrm. Williams noted concern for the f'ire hazaro. of wood debris on the north side of the house. " No objections. So ordered. APPROV.AL OF RESOLUTIONS Nme CONSEN'TI•, CALENDAR Ncne PUBLlC HEARINGS VARIANCE BZA 154-478 -1728 Monterey Boulevard Applicants: John & Marilyn Neuhart Mrs, Duke gave staff report. She stated that the property was located :in the R-2 zone, medium density residential. The existing and proposed lot density was 13.19 du/ac, and the lot size was 33,32 x 99,89, She mated that the existing lot c0verage was 58.13%, and the proposed lot coverage was 66.8%. rrhe existing floor area includ:ing garage was 2,680.5 sq . .ft, and the added floor area on the first floor was 421 sq. ft, The added floor area on the second floor was 646 sq. ft, and the added floor area for the lof't was 205 sq. ft. She stated that the applicants were requesting . . BOARD OF ZONING ADJUSTMENTS MINUTES -August 16, 1982 Page 2 VARIANCE BZA 154-478 -1728 11/Ionterey Boulevard ( Cont . ) to add more than 40% to a single family residence with a nonconforming south sideyard ( 2' 3+") , maintaining the same nonconfonni ty with the ad.di tion. The addition would also .increase their lot coverage to 66. 8%, in lieu of the 65% a1iowed. She stated that an interior inspection of the premises was made by the Building Department on August 11, 1982, and the floor plan of the existing building was f'ound to be in conformance with plans submitted. Chmn. Moore asked if there were any elements of the new construction that extended the sideyard encroachment. Mrs. Duke replied :in the negative, adding that the applicants were asking to maintain it, but there were no extensions of the nonconformity. Comm. Williams asked for the dimensions o.f the garage_. with storage doors open. Mrs . Duke replied that with tbe doors open it is l6 ½ feet clear. Public Hearing opened at 7:37 P.M. Patrick Killan, architect, associated with Dan Richardson Design, representing the applicants, stated that they are trying to update the house with new, modern conveniences and provide extra square footage space for the house. He stated that they -were asking to continue the nonconforming setbacks., adding that they are encroachlrig only 10 inches :into the sideyard. Tney had a 2'3"+ setback, and 3' is required. He noted that they will be 1. 8% over the allowable lot coverage due to areas on the building that do not meet the sideyard setbacks. He submitted signatures from the neighbors to the south and fran St. Cross Church who owns aJJ. of the adjacent property around the house. He claimed that the property owners were not opposed to the variance. 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: 40 P .M. Comm. Williams recommended requiring a deed restriction limiting the property to single family use. She stated that it would be very easy to put a door on the south side of the library, and there are laundry' facilities in that area. Mrs. Marilyn Neuhart, 1728 Monterey Blvd. He:rmosa Beach, applicant, stated that she would accept the requirement of a deed restriction limiting the property to single .family use. Motion by Coll11Il. Toth, seconded by Comm. Ebey, to approve Variance BZA 154-478 with a deed restriction l:imitirlg the property to single family use so long as it only meets those qualifications. AYES: NOES: ABSENT: Carrms. Ebey, Toth, Williams., Chmn. Moore None Comms . Cutler, DeBellis, Merrill EOARD OF ZONTIJG ADJUS'IMENTS -August 16, 1982 Page 3 VARIANCE BZA 154-478 -1728 Monterey Boulevard (Cont.)_ Motion by Cormn. Toth, seconded by Chmn. Moore, to adopt Mr. Kilian Is Findings with the follow.ing additions: Finding 3: that the Board received the adjacent property owners' signatures favoring the variance; no one appeared to speak in opposition; the applicants have agreed to a deed restriction limiting the use to single family usage; the project does not seriously affect police or safety officer access or light or air circulation around the building. Fincling 4 add: it does not affect the general plan because it does not change the use; the applicants have signed a deed restriction. AYES: NOES: ABSENT: Cornms. Ebey, Toth, Williams_, Chrrm. Moore None Corrans. Cutler, teBellis, Merrill VARIANCE BZA 154-479 -459 Longfellow Avenue Applicants: Samuel & Regina Shaffer. lYlrs. Duke gave staff' report. She stated that the property was in the R-2 zone., medium density residential. The existmg and proposed lot density was 18.17 du/ac. The existing lot coverage 1-.as 48. 7f., and the proposed lot coverage was 66.55%. The existing floor area inclucling the garage was 1.,161.3 sq. ft., and the added floor area of the first floor was 609.5 sq. ft. The added floor area of the second floor was 1.,292.25 sq. ft., and the added floor area of the loft -was 91 sq. ft. She stated tbat the applicants were requesting permission to add a second story to an existing s:ingle f'amily residence and to demolish a single car garage and build a new two car garage. This building had a nonconforming east sideyard (on Ingleside Drive) of .81 at building with entry encroaching onto the city property. The increase in living room size and the new two car garage would increase the lot coverage to 66.55% in lieu of the 65% allowed. She stated that this property does bave exceptional circumstances or conditions because it was discovered when the survey was done for this addition that an error was made when the tract was created and this lot has suffered the consequences. Both the Assessor's map book and the Title Insurance policy show this lot to be larger than it actually is which accoraits for the existing sideyard encroachment. If the owners actually had a lot the size shown in the plat book, the lot coverage with the proposed addition would be only 61%, She stated that an interior inspection of the premises was made by the Building Department on August 10, 1982, and the existing floor plan is :in conformance with the plans submitted. Public Hearing opened at 7 :50 P .M. Tim Smith, Sundown Development, ll 40 Highland Avenue., Manhattan Beach, designer of the project, stated that the lot in question is the last lot bordering Ingleside. The proposed plan would maintain a 9" encroachment, and it would eliminate the roof overhangs which are approx.ima.tely 27 inches. He noted that the loft would be completely eliminated from the plans. EOARD OF ZONING ADJUSTMENTS MINUTES -August 16, l982 VARIANCE BZA l54-479 -459 IDngfellow Avenue (Cont.) No one spoke in favor of the variance at the public hearing. No one spoke in opposition to the variance at the public hearing, Public Hear:1ng closed at 7:53.-'P.M. Motion by Coran. Toth, seconded by Corrm. Ebey, to approve Variance BZA 154-479, as submitted. AYES: NOES: ABSENT: CoIIIIIB, Ebey., Toth, Williams., Chmn. Moore None Comrns. Cutler, DeBellis, M2ITill ., Page 4 Chmn. Moore informed the audience that the Board's decision may be appealed to the City Council by wri tm.g wi thln 10 days. Required Findings: 1. . . . because the error :in the property line and the request for continuation of the variance along a City street side rather than an adjacent street side constitutes exceptional circumstances. 2. . .. because to enable them to build this property 1n the same wa:y than anyone else might be allowed to do if it weren't for this sideyard property. 3. . . . because it does not affect the public welfare in that the nonconformity is along the street side and does not materially affect light or air circulation or access to fire safety personnel or any other public concern. 4 . . . . because it does not change the use of the property . Motion by Comm. Ebey, ~seconded by Corrnn. Toth, to approve the above Findings. AYES: NOES: .ABSENT: Corrms. Ebey, Toth, Williams., Chmn. Moore None Comns. Cutler, DeBellis., Merrill CONDITIONAL USE PERMIT BZA 154-li 80. -110 Second Street Applicant: Tonya Erion (The Spot) Mrs. Duke gave staff report. She stated tbat the prqperty was located m the C-1 zone~ high density residential. She stated that the applicant'was requesting pe:rmission to allow the service of beer and • BOARD OF ZONING .ADJUS'IMENI1S MINUTES -August 16, 1982 Page 5 wine in conjunction with a health food restaurant. The bus:iness is located on the south side of Second Street, between Hermosa Avenue and PaJm Drive. Their anticipated daily customer volt.me is 45 and they have no off-street parking. They do have three metered spaces in front of the business. Their hours of operation are 11:00 a.m. to 9:30 p.m. weekdays and 9:00 a.m. to 9:30 p,m, weekends, She stated that if the Board acts to approve the request, staff recorrnnends 8 conditions. Public Hearing opened at 8:00 P,M. Tonya Erion, 110 Second Street, Hermosa Beach, applicant, stated that the restaurant served natural food onJy, and she submitted photographs of the restaurant and menus to the Boaro.. She noted that trey were requesting to serve natural beer and wine, natural beer being beer that :has not been pasteurized and has no additives. Natural wine is wine that has no sugar and no additives. She stated that Coors does not quaJify as natural beer in tha.t it is filtered through asbestos which is a cancer-causing ingredient. She added that there is no smoking in her restaurant. Chmn. Moore asked the applicant for an estimated percentage of beer and wine that will be sold. Ms. Erion replied 10 to 20%. Chmn. Moore asked the applicant if she would object to keeping two separate sets of books for focxi and alcohol. Ms, Erion replied in the negative, adding that she believed that it were a requirement of the ABC . Ms. Erion stated tbat most of their customers are not heavy drinkers; however,, she has received requests that beer and wine be available. She stated that the main purpose for requesting the permission to sell beer and wine is .for economic reasons. Dr. Daryl Jensen, 111 Pier Avenue, Suite 103, Hermosa Beach, stated that he had been a customer of The Spot ever since the present owners took over the business. He stated that he deals with allergies, and he noted that certain beer like Budweiser can cause headaches and insarmia and other disorders. These disorders to not occur with natural beer. He urged the Board to allow the use of beer and wine for The Spot. No one else 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 :11 P .M. Corrm. Toth suggested a review date of six months. Chrm. Moore suggested adding to Condition 1 that no more than 35% of the total receipts be alcohol-related. "-BOARD OF ZrnING ADJUSTMENTS M[NUTES -August 16, l982 Page 6 CONDITIONAL USE PERMIT BZA 154-480 -110 Second Street (Cont.) JVlrs. Duke stated that when there is a full.; Board present, they could have a Miscellaneous item dealing with window screens and skates and other concerns of the Board and submit a memo to the City Council requesting a clarification. Motion by Cornn. Williams, seconded by Corrm. Toth, to approve Conditional Use Perm.it BZA 154-480 with staff's recommended conditions and Condition 9 that the percentage of beer and -wine sales are not to exceed 35% of the total receipts. A review date is to be set for one year. AYES: NOES: .ABSENT: Comns. Ebey, Toth, Williams, Chrnn. Moore None Comms. Cutler" DeBellis, Merrill Chrnn . .Moore informed the audience that the Boaro.'s decision may be appealed by writing to the City Council withln ten days. CONDITIONAL USE PERJVIIT BZA 154-481 -837 Hermosa Avenue Applicant : Mr'. John Bowler (Fat Face Fenner' s Falloon) JVJrs. Duke gave staff report. She stated that the property was located in the C-2 zone, general corrrrnercial. She stated that the applicant bad submitted a request for a rrodification of an existing conditional use permit to allow outside dining on the city right-of-way adjacent to the property. The city right-o.f-way involved is north of the existing structure, and it is part of 9th Street. The business currently has a conditional use permit for the service of beer and wine in conjunction with the operation of a restaurant. Proposed outside patio is intended to be open f'ran 11:00 a.m. to sundown (approximately 5:00 p.m.). There is to be a 61 high solid wood fence alongside the adjacent residential property. The remainder will be enclosed with a 6 ft . high latticework fence. She noted that City Council approval is necessary to allow use of the public right-of-way. The area proposed for use as a patio is typically used by residential units to the west as front yard area. Residential usages are located to the west and the south (across 9th Court). Co:mrrercial usages are located to the east, across Hermosa Avenue, and to the north, across Ninth Avenue. Metered on-street parking is located on Hermosa Avenue. There are three off-street parking spaces on the project site, to the south of the existing building. She stated that if the Board acts to approve the request~ the Staff Review Committee suggested 12 conditions. Comm. Toth asked what the procedure would be if the business changed m any way. Mrs. Duke replied that the applicants would come before the Board for review, and if the busmess closed its doors for more than 90 days, it automatically would coITE before the Board. Chmn. Moore asked if any letters had been received from the public regarding this item. BOARD OF ZONING ADJUS'IMENTS MINUTES -August 16, 1982 CONDITIONAL USE PERMIT BZA 154-481 -~37 Hermosa Avenue (Cont.) lfirs. Duke replied that one letter had been submitted. Public Hearing opened at 8:17 P .M. Page 7 John Bowler, 837 Hermosa Avenue, Hermosa Beach, applicant, stated that he bas resided upstairs from the business for 7 years. He noted that the restaurants that were at 837 Hermosa Avenue before his were allowed the use of the patio for dining. He noted concern for the adjacent residential neighborhood, and for that reason he asked tbat the patio area be closed at 6:00 p.m. and that the fence be constructed in such a manner that food, bottles, and trash cannot be passed through. Comm. Ebey asked the applicant if he would agree to a condition that no music be all<JWed in the patio area. Mr. Bowler accepted that condition..,_ Comm. Williams asked the applicant if he would object to beer and wine being sold only with food in the outdoor patio area. Mr. Bowler replied that a substantial amount of their business is for food. He stated that parkhlg will not be a burden because the1,,,:patt.io will close at 6:00 p.m.; therefore, persons arriving home from work will be able to park. No one else appeared to speak in favor of tbe conditional use permit. Chuck Sheldon, 25 9th Street) Hermosa Beach, stated that he had frequented the bar many times in the past, and the crowd was older and reasonably responsible. He stated that he lived about seven houses away from the property in question. He submitted pictures to the Board of the two encroachments. He objected to the noise being brought out to the walk street. He felt it was unreasonable to materially sacrifice residential nature of' a walk street. He believed that the problem could not be confined with six-foot walls and lattice work. He added that he was speaking in behalf of two other residents of 9th Street , Mr. Garner and Mr. Mathews • Mrs. Duke stated that she would inform the Public Works Depart:rrent of the condition of the sidewalks on 9th Street. J\'lr. Bowler stated that he had investigated solid wood fences only; however, he was open to other suggestions. He accepted a review date of' su: months. He mentioned that there were no existing entrances to the patio area other than through the bar. Cormn. Williams asked if the amplified music could be heard on the patio when the doors are open. Mr. Bowler stated that they have dutch doors, and he had received no complaints. Public Hearing closed at 8: 33 P. M. l BOARD OF ZONING .ADJUSTMENTS MINUTES -August 16, 1982 Page 8 CONDITIONAL USE PERMIT BZA 154-481 -837 Hermosa Avenue (Cont.) Comm. Toth stated that a broken surface in the fence would alleviate the noise problem. Also;, a large number of trees would alleviate the noise problem. Corrrrn. Williams recomnended a condition that beer and wine be served only with food in the patio area. Motion by Conm. Ebey, seconded by Comm. Toth, -to approve Conditional Use Permit BZA 154-481 with staff's recommended conditions and with the follow-mg additions to the conditions: Condition 1, that the patio area not be used after 6:00 p.m.; Condition 13, that no recorder or amplified music be allowed oh the patio; Condition 14, that the appropriate fencing be no less tban four (4) feet and be constructed. in such a manner that alleviates noise and that four 15-gallon trees be planted; Condition 15, that there be a six-month review; Condition 16, that City noise standards should be observed. Chm. Moore stated that if he were a resident of 9th Street , he woulq. feel threatened. He believed it would be very difficult to live an ,, R-1 life on 9th Street, but he felt that the above conditions were reasonable. AYES: NOES: ABSENT: Comms. Ebey, Toth, Williams, Chlm. Moore None Cormns. Cutler, DeBellis, Merrill Chmn. Moore declared that the Board's decision may be appealed by writing within ten days to the City Council. CONDITIONAL USE PERMIT BZA 154-482 -710 Pier Avenue Applicant: David Mahoney Mrs. Duke gave staff report. She stated that the applicant was requesting permission to operate a tennis pro shop and to operate and manage all of the tennis facilities located at the Community Center. 'Ihe pro shop will be located in a 10' x 32' trailer to be placed on the property per the site plan. The name of his operation will be "Hermosa Beach Tennis Center." She stated that the Staff' Review Cammi ttee had suggested 7 conditions. Public Hearing opened at 8:.52 P .M. David Mahoney, 710 Pier Avenue, Hermosa Beach, applicant, stated that he origina]_ly proposed to put the pro shop on Ardmore; however, he later proposed situating the trailer in front of the Comnunity Center. He said the trailer would be brown wood, and it would be off the ground. He was not certain if the trailer would be skirted. IDARD OF ZONING ADJUSTMENT'S MINUTES -August l6, 1982 CONDITIONAL USE PERMIT BZA 154-4~2 -7l0 Pier Avenue (Cont.) Alana Mastrian., Director of the Community Center, stated trat there would be no problem in moving tre trailer to the Community Center. No one else spoke in favor of the conditional use permit. No one spoke in opposition to the conditional use permit. Public Hearing closed at 8: 58 P .M. Motion by Corrm. Ebey, seconded by Cornn. Toth, to approve Conditional Use Permit BZA 154-482 with staff's recommended conditions and with an added condition that the trailer be skirted. .AYES: NOES: ABSENT: Corrrrns. Ebey., Toth., Williams, Chum. Moore None Comms. Cutler, DeBellis, Merrill Page 9 Chmn. Moore declared that the decision of the Board could be appealed by 'Writing to the City Council withln ten days. MrSCELLANEOUS None Motion to adjourn at 9:10 P.M. CERI'IFICATION I hereby certify that the foregoing rn1nutes were approved at a regular meeting of the Board of Zoning Adjustments of the City of Hermosa Beach, California. , NEAL DA'IE