HomeMy WebLinkAboutPC Resolution 08-17 - (818 4th st)RESOLUTION NO. 08-17
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO APPROVE AN AFTER -THE -
FACT VARIANCE TO THE PROVISIONS PERTAINING TO EXPANSION
OF NONCONFORMING USES TO ALLOW DEMOLITION AND
RECONSTRUCTION OF THE FLOOR SYSTEM IN CONJUNCTION
WITH AN APPROXIMATE 307 SQUARE -FOOT EXPANSION TO AN
EXISTING SINGLE-FAMILY RESIDENCE LOCATED ON
COMERCIALLY ZONED PROPERTY AT 818 4TH STREET, LEGALLY
DESCRIBED AS SOUTHWEST 12 FEET ON NORTHWEST LINE OF LOT
12 AND NORTHEAST 30 FEET OF LOTS 14 AND 15, HURD'S OCEAN
VIEW TRACT
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by Armando and Rosa Perez, owners of the property located at
818 0 Street, seeking an after -the -fact Variance to the provisions pertaining to expansion of
nonconforming uses to allow demolition and reconstruction of the floor system in conjunction with an
approximate 307 square -foot expansion to an existing single-family residence located on commercially
zoned property.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for the Variance on February 19, 2008, at which testimony and evidence, both written and oral,
was presented to and considered by the Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission makes
the following factual findings:
1. The subject residence is a single -story structure located directly behind (east) of an existing
multi -tenant commercial building and north of the required parking area for the commercial
businesses. The residence encroaches within the required parking area for the commercial
businesses; therefore the commercial structure is nonconforming to parking (number of spaces).
2. On December 6, 2007, the Planning Division approved a 307 square -foot second -story
nonconforming addition permitted by Municipal Code (H.B.M.C.) Section 17.52.030
(Expansion, Remodeling and Alteration). H.B.M.C. allows for a 50% expansion of existing
floor area for nonconforming uses "as long as the foundation and floor systems remain intact"
(H.B.M.C. Section 17.52.030(A)(1)(a)).
3. On January 8, 2008, the Building Division issued a "Stop Work" notice since the builder had
begun construction inconsistent with the plans by removing and discarding the floor joists. In
effect, while the foundation remains, the main elements of the floor system have been removed.
As a consequence of this action, the nonconforming rights were lost, and a new single-family
home could not be built since the Specific Plan Area No. 7 Zone does not allow residential
units.
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4. The applicant indicates that they never intended to remove the floor system, stating that is was a
misunderstanding by the builder. The construction plans had specified that the floor system
would remain intact. In order to proceed in accordance with approved plans a Variance is
needed to allow the complete reconstruction of the floor system of the structure, therefore allow
the applicant to continue construction of the administratively approved second -story addition.
Section 4. Based on the factual findings, the Planning Commission makes the following findings
pertaining to the application for a Variance:
1. There are exceptional or extraordinary circumstances limited to the physical conditions
applicable to the subject property as the residence was built in 1920 and constructed
approximately 6 inches below grade and, over several decades, caused all the rim joints to rot
beyond repair creating a very unstable and hazardous condition.
2. The owners wish to exercise a property right, possessed by others in the neighborhood, to
construct a single-family home to meet the current standards of livability and to be a reasonable
size. Originally constructed in 1920, the single -story structure contains only 615 square feet of
floor area. The current development standards for the R-1 (One -Family Residential) Zone allow
for 65% lot coverage and a maximum height of twenty-five feet. Hypothetically, on a 2,220
square -foot lot, an approximately 2,800 square -foot two-story home (1,400 square feet per floor)
could be constructed. The applicant is only requesting to add an additional 307 square feet of
floor area. Therefore, the granting of a Variance will allow the applicant to construct a larger,
more livable residence thus putting the property in parity with other residential properties in the
vicinity.
3. The project will not be materially detrimental to property improvements in the vicinity and Zone
since the project complies with all other requirements of the Zoning Code, and is not
inconsistent with the development standards of the R-1 Zone.
4. The project is not unusually large or out of scale with other projects in the neighborhood, and is
otherwise in conformance with most of the requirements of the Zoning Ordinance and the
General Plan.
Section 5. Based on the foregoing, the PIanning Commission hereby approves the requested
Variance subject to the following Conditions of Approval:
1. The project shall be consistent with the submitted plans reviewed by the PIanning
Commission at their meeting of February 19, 2008. Any further minor modifications to the
plan shall be reviewed and may be approved by the Community Development Director.
2. The applicant shall revise the plans to not exceed 307 square feet of new floor area as
permitted by H.B.M.C. Section 17.52.030.
3. The applicant shall submit an application for Lot Merger of Lots 13, 14, and 15, Hurd's
Ocean View Tract, prior to the issuance of the Certificate of Occupancy.
4. All non -operating vehicles within the parking area designated exclusively for the
commercial building shall be removed within 30 days of this Variance approval.
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VOTE: AYES: L. Kersenboom, P. Hoffrnan, S. Perrotti, R. Pizer,
NOES: None
ABSTAIN: None
ABSENT: K. Allen
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 08-17 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 February 19, 200 .
Langley K senboom, Chairman Rob son, Secretary
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