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HomeMy WebLinkAboutBZA Resolution 154-270 - (1026 8th St)► • r . ' ~ .._,., RESOLUTION B.Z.A. 154-270 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH GRANTING A VARIANCE FOR A LOT SPLIT ON PROPERTY LOCATED AT 1025 SEVENTH STREET AND 1026 EIGHTH STREET, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at public hearings held on March 20 and April 3, 1978, in the Council Chambers of City Hall, considered the request of Mr. and Mrs. Russell Jordan for a lot split on property known as Lot 7, Glorietta Villa Tract; and WHEREAS, at said public hearings, the following facts were presented for considera- tion; that the request is to allow an existing 5,200 sq. ft. lot to be split into two 2,600 sq. ft. parcels; that Section 505 of the Zoning Ordinance states that the minimum required lot area shall be 4,000 sq. ft. in the R-2 zone; that Section 29.5-8 {a) of the Municipal Code will permit a lot split if the division results in parcels larger than the 4,000 sq. ft. minimum lot area;-that the city issued a building per- mit in December, 1964 for the single residence at 1026 -8th Street, and in February, 1965 issued the permit for the single residence at 1025 -7th Street; that the build- ings are 15 ft. apart on the lot and meet the 4 ft. sideyard requirements; and WHEREAS, at said public hearings, the applicant's attorney reviewed the history of the lot from 1964 and indicated the applicants were under the impression at the time that the lot was split and they did not discover until 1970 that no lot split occurred; that the applicants are willing to accept as a condition that the lots may only have a single residence on each half as presently exists; that the four lots on each side are split in a similar manner; and WHEREAS, at said public hearings, one property owner in the area appeared to speak in favor of the request; and WHEREAS, at said public hearings, no one appeared to speak in opposition to the request; and WHEREAS, after due consideration, it is the opinion of the Board of Zoning Adjustments that the variance and lot split request is justified for the following reasons; 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved because there was a preponderance of evidence that there was intention·by the original owners and that, at the time the two properties were built, it was legal to split the lots with just a minor formality. It appears that there was just a misunderstanding between the owners and the Building Department. The applicant has agreed to a deed restriction to single family usage on each of the split lots. That two trust deeds were taken at a time when it was legal to make the lot split. 2. That such 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 the four lots on the immediate perimeter of Lot 7 have been split to eight lots; and at the time when the houses were built, the applicants felt that they had obtained a property right held by surrounding properties; that the board finds that the applicants' failure to recognize the receipt of a single property tax bill under the circumstances to be pardonable ignorance. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vic- inity and zone in which the property is located because this property is in -Continued - • f" . , ~· , ......... PAGE TWO -RESOLUTION B.Z.A. 154-270 1025 SEVENTH STREET/1026 EIGHTH STREET conformity with the surrounding properties from a standpoint of the way it is built, with two units. 4. That the granting of such variance will not adversely affect the com- prehensive General Plan because density is in conformity with the General Plan in terms of dwelling units per acre. AND, FURTHER, that this variance is granted subject to the following conditions: 1. That a final parcel map is submitted to the Public Works Director for approval. 2. That the lot split is recorded as prescribed by the subdivision regulations. 3. That a deed restriction be recor.ded limiting each parcel to single family usage. NOW, THEREFORE, BE IT RESOLVED, that in view of the above findings of fact, the Board of Zoning Adjustments does hereby grant the request by the following vote: AYES: Comms. Simpson, Sims, Toth, Chmn. Cummings NOES: Conms. Beard, Ebey ABSENT: Comm. Anderson CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-270 was adopted by the Board of Zoning Adjustments at a regular meeting held on the 3rd of April, 1978. Dated: -------------,19 -Ul~~ 't,"~ Q_ BOB CUMMINGS, CHAIRMAN fj CORALIE EBE'(, SECRETARY