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HomeMy WebLinkAboutBZA 154-503 (153 Lyndon St)RESOLUTION BZA 154-503 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH GRANTING A VARIANCE ON PROPERTY LOCATED AT 153 LYNDON STREET, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the· City of Hermosa Beach, at a public hearing held on April 18, 1983, in the Council Chambers of the City Hall, considered the request of Mr. Richard Margrave for permission to add more than 40% to an existing single family residence with a nonconforming sideyard of 1.7ft. and a nonconforming front yard of .85 ft. and to maintain the conconforming sideyard with the addition, and maintain the nonconforming front yard of 2.75 ft. The required sideyard setback is 3 ft. and the required front yard setback is 5 ft., per sections 603 and 1309 of the Zoning Code, on property legally described as Lot 27, Blcok 41, First Addition to Hermosa Beachi and WHEREAS, at said public hearing the following facts were presented for consideration: that the face of the building is 2,75' into the frontyard setback, but the entry way comes out to ,85 1 from the front property line; that the applicant is not asking to go to the second story with the incroachment; and WHEREAS, at said public hearing, a neighbor of the applicant stated that he was not necessarily opposed to the variance, however the construciton of a second story would eliminate all of the sun to his structure, and WHEREAS, at said public hearing no one else appeared to speak in opposition of the variance; and HWEREAS, after due consideration, it is the op1n1on of the Board of Zoning Adjustments that the request is justified, subject to conditions for the following reasons: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved because it ;is an extremely small lot that has a large amount of building on it that was constructed many years ago. Perhaps by carelessness or by different regulations, the building was constructed incorrectly on the lot. This renders the sideyards illegal under today's standards. Since it is in the best interests of both the applicant and the City to place the second story walls over the first story wall, the applicant is requesting a variance to do so. This building was constructed through no fault of the applicant, and the applicant had no way of knowing that the building was inappro- priately configured prior to undertaking this project, The general configuration on the street suggests an initial survey that was incorrect. The pattern of error seems to follow along the street. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question because there are numerous others in the same vicinity and zone with two story structures with side yard violations in the same area, many of them constructed years ago; and a few, recently. The improvement of this property should be a credit to the neighborhood it is in. Therefore, the approval of this variance will extend the property right of being able to confugure the house to the applicant~s wishes. 3. That the granting of such variance will nto be materailly detrimantal to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the project will enhance the neighborhood, provide nodern construction with fire and vermin-proof techniques upgrade the plumbing, sewer service, and generally be a credit to the neighborhood and the City. 4. That the granting of such variance does n0t adversely affect the comprehensive General Plan because the granting of this variance will not increase the density becuase the plan as proposed does not represent a change in use, and, therefore has no effect on the General Plan. NOW THEREFORE, BE IT RESOLVE, that in view of the above findings of fact, the Board of Zoning Adjustments does hereby grant the varianee by the following vote: AYES NOES ABSENT: Comm. Corder, Toth, Chmn. Moore None Comm Cutler, Comm. W;nlliams CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-503 was adopted by the Board of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on April 18, 1983. DATE ~1ill/JmL CARL MOORE, ALEX TOTH, ACTING SECRETARY