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HomeMy WebLinkAboutPC Resolution 90-861 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION P.C. 90-86 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A VARIANCE TO ENCROACH INTO THE REAR YARD SETB ACK AND TO ALLOW LESS THAN THE REQUIRED OPEN SPACE AT 40 SEVENTH COURT, LEGALLY DESCRIBED AS THE NORTH 32' OF LOT 20, BLOCK 7, HERMOSA BEACH TRACT WHEREAS, the Planning Commission held a public hearing on October 16, 1990 to receive oral and written testimony regarding an application for a Variance at 40 7th Court and made the f~llowing findings: A. The applicant requests a variance to provide some open space in-lieu of deck open space that was enclosed without building permits which results in an encroachment in the rear yard setback; B. The structure, prior to the enclosing of the deck, had approximately 150 square feet of usable open space, and 110 square feet of the deck has been enclosed; C. The site contains no other open space D. Resolution B.Z.A. 154-99 allowed the structure to be constructed with less than required open space; E. Board of Appeals Resolution BA 39 allowed the structure to be constructed with one stairway leading from the ground level to the third floor instead of the required two exits; F. The granting of this variance will make the structure more nonconforming; G. The property owner is not denied any substantial property right possessed by other properties in the vicinity of the property; H. Although the property is rather small in size, an adequate -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .,./ 28 dwelling does exist on the property, and a sufficient zoning variance has already been approved; I. Granting the variance could be potentially detrimental to adjacent properties; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby deny the requested variance to allow a 2-foot rear yard setback rather than the required 5 feet at 40 Seventh Court. VOTE: AYES: NOES: ABSTAIN: ABSENT: Comms.Aleks,Peirce,Chmn.Ketz Nqne None Comms.Ingell,Rue CERTIFICATION I hereby certify the foregoing Resolution P.C. 90-86 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of October 16, 199~ / ~ ~ / . ~ ,~ J/~ L---t- Cbristin : Ketz,Vice Chairman Mich~Secretary Ao I) a/pcrs40 -2 -