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HomeMy WebLinkAboutPC Reso 10-15 (1940 Bayview-Var)P.C. RESOLUTION NO. 10-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING VARIANCES TO ALLOW A TWO-STORY BUILDING CONTAINING A TWO-CAR GARAGE AND A 351 SQUARE-FOOT STORAGE ROOM IN THE SAME LOCATION AS A RECENTLY DEMOLISHED SINGLE-STORY GARAGE, WITH A 2.5 FOOT SIDE YARD, 0-FOOT REAR YARD, AND PARKING STALL LENGTH OF 18-FEET, PARKING SETBACK OF 13- FEET AND NO GUEST SPACE, IN THE R-1 ZONE AT 1940 BAYVIEW DRIVE, LEGALLY DESCRIBED AS THE NW 10’ OF LOT 4 AND ALL OF LOT 5, BLOCK 52, FIRST ADDITION TO HERMOSA BEACH. The Planning Commission does hereby resolve and order as follows: Section 1. An application was filed by Patrick and Margaret Breen, owners of real property located at 1940 Bayview Drive in Hermosa Beach, seeking Variances (VAR 10-1) to construct an addition to a pre-existing 2-car garage, which was inadvertently demolished during the process of adding a second story addition. The application is requesting to reconstruct the garage in approximately the same location and with the same nonconformities, which involved a 0-foot rear yard rather than the required 5-feet, a parking setback of 13-feet rather than the required 17-feet, a 2.5-foot side yard rather than the required 5-feet, a parking stall length of 18-feet rather than the required 20-feet and the lack of a guest parking space as the driveway lacks sufficient length to accommodate a vehicle. Section 2. The Planning Commission conducted a duly noticed public hearings to consider the application for Variances on August 20, 2010 and September 15, 2010, at which time 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 one of twelve ‘through lots’ fronting Bayview Drive with garage access from Monterey Boulevard. The lot contains 5,095 square feet, developed with a two-story single family residence and a detached garage nonconforming to rear, side and driveway setback requirement, and parking stall length, and as a result no guest space is provided. 2. The property owners obtained a building permit to construct a 351 square feet storage room above the nonconforming garage. The contractor encountered deteriorated conditions during construction and inadvertently completely demolished the nonconforming garage during the construction process so that all rights to maintain the nonconforming conditions were extinguished. 3. The applicant is requesting Variances from side, rear and driveway setbacks, parking stall length and guest parking space requirements to allow the construction of a garage in its former location and with its former dimensions. The new 351 square foot storage room above the garage will conform to side and rear setback requirements. 1 Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings to support the requested Variances pursuant to H.B.M.C. Section 17.54.020: 1. There are exceptional and extraordinary circumstances relating to the physical conditions of this property. The subject lot contained a dwelling unit and a detached garage constructed in the 1920’s and the variances allow the property owners and the city to preserve the historic nature of the property, characterized by architecture and arrangement of the dwelling unit with a detached garage. The property owners have maintained the existing architectural integrity of the dwelling in past remodels. Further the setback variances will maintain the historic level of light and ventilation to the dwelling unit and neighboring property improvements, which would otherwise be lost by requiring the garage to be attached to the dwelling unit. The applicants have considered alternative plans that reduce the severity of nonconforming conditions on the property but these alternative plans involve either removal of a portion of the existing dwelling or they will require a variance from the required 6-foot separation between the garage and dwelling unit. Thus, the northeast rear corner of the property is the only area available for a detached garage without impacting the existing dwelling unit or encroaching into other required separation. 2. The Variances are necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity. The Variances allow the property owners to preserve the historic nature of the property characterized by architecture and arrangement of the dwelling unit with a detached garage. Allowing the new garage to be relocated at its former location would enable the existing residence to continue to enjoy the historic level of light and ventilation afforded by the building separation and due to the location of the existing dwelling there is no other location for a detached garage that would not result in other nonconformities. Granting the Variances is not a grant of special privilege because the location of the proposed detached garage with no rear yard setback is consistent with 7 other garages fronting Monterey Boulevard on the subject block that contains 11 (excluding subject lot) through-lots. 3. The Variances from the required side, rear and driveway setback, parking stall length and guest parking requirements would not be detrimental to property improvements in the vicinity and zoning district as the variances will simply replace pre-existing nonconformities that have existed for over 50 years, and the adjoining neighbor that would be the most impacted supports replacement in the pre-existing location. In addition, relocating the garage would result in the loss of one on-street parking space. 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-1 zone and the detached garage 2 with storage room above will be used in conjunction with the primarily residence and shall not be used as a separate rental unit. Section 5. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15303(a) construction of small structures within a urbanized area. Section 6. Based on the foregoing, pursuant to Section 17.54.020 of the H.B.M.C, the Planning Commission hereby approves the requested Variances subject to the following Conditions of Approval: 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 August 17, 2010 and September 21, 2010, and modified pursuant to the conditions below. Minor modifications that do not increase nonconformities may be approved by the Community Development Director. 2. Prior to issuance of building permits, a deed restriction approved by the Community Development Director in a form approved by the City Attorney shall be recorded in the Office of the Los Angeles County Recorder restricting use of the property to one single family dwelling and covenanting that the detached garage and the 351 square feet storage room over the garage shall not contain a kitchen or be used, rented, leased or occupied as a separate dwelling unit. 3. The Variances are specifically limited to the rear, side, driveway setbacks, parking stall length, and guest parking requirements to the extent stated herein in order to allow the construction of a new garage at its former location, provided that the 351 square foot storage room above the garage shall comply with all required yard setbacks and requirements of the H.B.M.C. This approval is specific to the improvements on plans approved by the Planning Commission on September 21, 2010 and shall not apply to any other future development or expansion. 4. The project shall comply with all other requirements of the Building and Safety Division, and Fire and Public Works Departments. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual 3