HomeMy WebLinkAboutPC Resolution 08-41 - (2507 valley)RESOLUTION NO.08-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING VARIANCES TO
ALLOW THE EXPANSION OF AN EXISTING NONCONFORMING
TWO -CAR GARAGE RESULTING IN A 6-FOOT 4-INCHES GARAGE
SETBACK FROM THE SIDEWALK RATHER THAN THE REQUIRED 17
FEET IN CONJUNCTION WITH A REMODEL AND EXPANSION TO
THE EXISTING SINGLE STORY DWELLING AT 2507 VALLEY DRIVE,
LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK 1 & A
PORTION OF LOT A ON NORTH, HERMOSA PARK TRACT.
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by William Graw, owner of real property located at
2507 Valley Drive in Hermosa Beach, seeking Variances from Section 17.44.090(C) Off -Street
Parking Location to allow the expansion of an existing nonconforming two -car garage resulting in a
6-foot 4-inches garage setback from the sidewalk rather than the required 17 feet.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for a Variance and expansion and remodel to a nonconforming building on
September 16, 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 lot is 3,100 square feet, located on the west side of Valley Drive, adjacent to
the Kiwanis Club.
2. The subject lot has a 105 feet frontage on Valley Drive while the lot depth varies from
47.78 feet to 17.08 feet. The lot is unusually shallow with vehicular access from Valley Drive only;
it is also the smallest in size among other properties fronting Valley Drive.
3. The lot is currently developed with a single -story residence, nonconforming to open
space, parking, garage size (17 feet depth rather than the required 20 feet) and setback.
4. The applicant is requesting a Variance from garage setback requirements to allow
expansion to the existing nonconforming garage resulting in a garage setback of 6-foot 4-inches
rather than the required 17 feet pursuant to Section 17.44.090(C).
5. The applicant is requesting the Variance in order to allow the a second story addition
which increases the existing single story home from 1,340 square feet to 2,178 square feet.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Variance:
1. There are exceptional and extraordinary circumstances relating to the physical
conditions of this property for the following reasons: the subject lot is unusually shaped
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with an unusually shallow dimension from the street. The subject lot is the smallest in
size and most shallow of the 22 lots fronting Valley Drive between Gould Avenue and
18'b Street. There are 8 interior lots taking access from Valley Drive in which 5 of the
driveways (including the subject lot) enter perpendicular to Valley Drive. Of the 5
driveways that enter perpendicular to Valley Drive, the subject lot size is a minimum of
1,500 square feet less than other properties with the same driveway approach.
The applicant has provided alternative plans with different driveway approaches. While
the sideway approach with the driveway parallel to Valley Drive will provide a
conforming setback, it will require substantial removal of the existing structure and will
devote majority of the first level to parking. Another alternative is a perpendicular
driveway approach at the widest part of the lot; however this method will result in a
driveway setback of less than the required 17 feet from the sidewalk. Therefore, the
shallow and variable lot depth (17 to 47 feet) arguably restricts the ability to provide a
conforming two -car garage with a 17 foot setback from Valley Drive and exceptional
circumstances do exist.
2. The Variance is necessary for the enjoyment of a substantial property right possessed by
other properties in the vicinity as it makes it possible for the applicant to construct a
single family home of reasonable size in order to achieve parity with other properties in
the vicinity. The most feasible way to expand the existing garage to conforming size,
(20-foot depth) is to further extend the garage into the setback, thereby necessitating the
Variance. Without the Variance, this reasonable expansion would not be possible.
Originally constructed in 1955, the single -story structure was built as a duplex bisected
by a garage, with a total of 1,340 square feet of floor area. The applicant is proposing a
second story addition of 838 square feet resulting in a 2,178 square feet structure, which
is not unusually large or out of scale for properties in the vicinity. Of the 22 homes
fronting Valley Drive, 4 are larger than the proposed residence. Therefore, granting of
the Variance is not a grant of special privilege. Further, the addition will improve
parking; it will not impact lot coverage and will not exceed the 25 feet height limit.
3. The .Variance from the required garage setback of 17 feet would not be detrimental to
property improvements in the vicinity and zoning district. The project will provide a
conforming two -car garage and additional open space on a second floor balcony.
4. The project is in conformance with requirements of the Zoning Ordinances and
consistent with the General Plan. The applicant will continue to use the structure as a
single family residence which is consistent with the R-1A zone.
Section 5. Based on the foregoing, and since the Planning Commission can make all 4
required findings as required by Section 17.54.020 of the Zoning Ordinance, the Planning
Commission hereby approves the requested Variance for a 6 foot 4 inches garage setback subject to
the following Conditions of Approval:
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1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Commission at their meeting of
September 16, 2008, and modified pursuant to the conditions below. Any minor
modification shall be reviewed and may be approved by the Community
Development Director.
a) The proposed second story addition must meet the allowable height limit of 25
feet and is subject to review at final plan check prior to building permit issuance.
2. The Variance are specifically limited to the garage setback requirement in order to
allow the expansion of an existing garage to conforming dimensions, and applicable
to the situation and circumstances that result relative to the proposed project and is
not applicable to the development of future structures or any future expansion.
3. Upon issuance of building permits the project shall proceed in compliance with the
scope of work outlined on the plans and any further demolition or construction
contrary to said plans will result in project delays in order for the City to review
project modifications, and may require new plan submittals and Planning
Commission review to proceed with construction work.
4. The project shall comply with the requirements of the Building and Safety
Division, Fire and Public Works Departments.
5. Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach
and its agents, officers and employees from any claim, action or proceeding
against the City or its agents, officers or employees to attack, set aside, void or
annul this Variance. The City shall promptly notify the Permittee of any claim,
action proceeding and the City shall fully cooperate in the defense. If the City fails
to promptly notify the Permittee of any claim, action or proceeding, or the City
fails to cooperate fully in the defense, the Permittee shall not thereafter be
responsible to defend, indemnify or hold harmless the City.
6. Permittee shall reimburse the City for any court and attorney's fees that the City
may be required to pay as a result of any claim or action brought against the City
because of this grant. Although the Permittee is the real party in interest in an
action, the City, at its sole discretion, participate at its own expense in the defense
of the action but such participation shall not relieve the Permittee of obligation
under this Variance.
Each of the above conditions is separately enforceable and, if one of the conditions is
found unenforceable by a court of law, all other conditions shall remain valid and
enforceable.
Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be made
within 90 days after the final decision by the City Council.
VOTE: AYES:
Chmn Perrotti, Hoffman, Pizer, Darcy, Allen
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 08-41 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 September 16, 2008.
Sam Perrotti, Chairman
September 16 2008
Date
eRo eson, Secretary
Var2507 Valley