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HomeMy WebLinkAboutBZA Resolution 154-289 - (2461 Silverstrand Ave)r·· _,, L RESOLUTION B~Z.A~ 154-289 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH GRANTING A VARIANCE ON PROPERTY LOCATED AT 2461 SILVERSTRAND AVENUE, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at a public hearing held September 6, 1978, in the Council Chambers of the City Hall, considered the request of Mr. Dan Ericson for permission to have stairs 9 ft. high in the required sideyard in lieu of the allowed 4 ft. height; also applicant is appealing the Building Director's opinion that the building is a three story building, and that the underfloor space constitutes a story because of its height; and WHEREAS, at said public hearing, the following facts were presented for consideration; that regardless of "approval in concept", all projects must meet all zoning and building codes; that no building section and no lower level plan were submitted for the conceptual approval; that the Building Director has ruled that the proposed build- ing would be three stories in height and that a 2½ foot lowering of the floor which must be defined as the second floor would cause that floor to be defined as the first floor; and WHEREAS, at said public hearing, the applicant stated that he already had conceptual approval from the City and to redesign would cause considerable hardship; that he did not care about the subfloor and if the Board wanted him to block it off in some manner he would; that it would be possible to backfill and to also use fill in the yard area; that he was willing to sign a deed restriction; and WHEREAS, at said public hearing, a neighboring property owner spoke in favor of the request; and a letter was received from another property owner in opposition to the request; and a petition with six signatures was submitted in favor of the proposal; WHEREAS, after due consideration, it was the opinion of the Board of Zoning Adjustments that, subject to conditions, the request was justified for the following reasons: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved because the project has come this far and it would be a hardship to the applicant to completely go through the process again. 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 the stairs are necessary. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements i-n such vicinity and zone in which the property is located because the construction is not detrimental and keeps within the height limitations of the ordinance. 4. That the granting of such variance will not adversely affect the comprehensive General Plan because the development is within the requirements of the General Pl an. AND, FURTHER, that the variance is granted subject to the following conditions: 1. Approval of concept with backfill of rear yard and rear underfloor space. 2. A deed restriction preventing creation of future basement in underfloor space. NOW, THEREFORE, BE IT RESOLVED, that 'in view of the above findings of fact, the Board of Zoning Adjustments does hereby grant the variance by the fo116wfog vote: AYES: Comms. Beard, Ebey, Simpson, Chmn. Toth NOES: None ABSENT: Comms. Cummings, DeBellis, Sims -Continued - , ,. .r"'\ PAGE 2 -RESOLUTION B.Z.A. 154-289 2461 Silverstrand Avenue CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-289 was adopted by the Board of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the 6th day of September, 1978. Dated -------------- &:±_#_ ALEX Tnnr; VlCE CHAIRMAN L ~_e_ ~ :E ---------E EgEY, SECRETARY )