HomeMy WebLinkAboutBZA Resolution 154-416 - (2302, 2302.5 Ozone Ct)RESOLUTION B.Z.A. 154~416
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF. HERMOSA BEACH DENYING A VARIANCE ON PROPERTY LOCATED AT
2302-2302½ OZONE COURT, HERMOSA "BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on June 1, 1981, in the Council Chambers of
the City Hall, considered the request of .Mr. George Laubender for
permission to install a deck and interior sloping ladder on the roof
of .a nonconforming building with nonconforming use, on property known
as Part of .Lot 12, Block 3, Hermosa Terrace Tract; and
WHEREAS, at said public hearing, the following facts were presented
for consideration; that the building is nonconforming as to use by
reason of being two units on a 692 sq. ft. lot; that if a variance
had been applied for and received before construction, no building
permit could have been issued for the configuration which has been
built because it violates Uniform Building Code Section 3302 which
requires two exist to grade for floors above the second story; that
this configuration does not have any legal exits to grade because the
interior sloping ladder does not go to grade and it is narrower and
steeper than UBC Section 3305 allows; and
WHEREAS, at said public hearing, the applicant's representative
stated that he believed that the building is in a top-grade condi-
tion for that particular area and that the applicant should have the
right to enjoy the sun and the beach atmosphere, and because of the
small lot size, a deck would offer such right; and
WHEREAS, at said public hearing, two neighboring property owners spoke
in opposition to the variance and submitted a petition containing
eight signatures in opposition to the request; and
WHEREAS, after due consideration, it is the opinion of the Board of
Zoning Adjustments that the variance request is not justified for the
following reasons:
1. That such ·variance is not necessary for the preservation
and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone.
2. That the granting of such variance will be materially
detrimental to the public welfare and injurious to other
property in the same vicinity and zone in that it is a
very dangerous style of construction prohibited by the
Building Code.
3. That the granting of such variance will adversely affect
the comprehensive General Plan because the construction
tends to perpetuate a property which is built at the rate
of 126 dwelling units per acre in contrast with the Gen-
eral Plan density designated for the neighborhood of 13
dwelling units per acre.
NOW, THEREFORE, BE IT RESOLVED, that in view of the above findings
of fact, the Board of Zoning Adjustments does hereby deny the var-
iance by the following vote:
-Continued -
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PAGE 2 -RESOLUTION B.Z.A. 154-416
2302-2302½ OZONE COURT
AYES: Comms. Ebey, Merrill, Moore, Toth, Williams, Chmn.Walker
NOES: None
ABSENT: Comm. DeBellis
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-416 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 1st day of June, 1981.
Date
.d___-
VICE-CHA IRMAN
~ETARY