HomeMy WebLinkAboutBZA Resolution 154-228 - (457 30th St)RESOLUTION B.Z.A. '154-228
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA
BEACH GRANTING A VARIANCE FOR OVERHEIGHT FENCE IN REQUIRED FRONT YARD
SETBACK ON PROPERTY LOCATED AT 457 -30TH STREET, HERMOSA BEACH, CALIF-
ORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at a public
hearing held on April 18, 1977, in the Council Chambers, City Hall, considered the
request of Mrs. Margaret Van Eaton Angell for permission to construct a 5 ft. fence
within the required front yard setback, on property known as Lot 29, Block 125,
Shakespeare Tract; and
WHEREAS, at said public hearing, the following facts were presented for consideration;
that under Section 1215 of the Zoning Code a fence is limited to 3 ft. in height
within the required front yard setback; however, under the Uniform Building Code a
fence above a retaining wall is required to be 42 inches in height for safety; that
due to the slope of the lot, the patio slab, in order to provide a level surface, is
sufficiently above grade for the city to require the 42 in. railing; therefore, appli-
cant is asking for additional 1½ ft. in height to provide privacy; and
WHEREAS, at said public hear.ing, the applicant stated the fence is necessary for the
privacy of her husband who is an invalid; that the fence is board and batten to con-
form to the house; and
WHEREAS, at said public hearing, no one appeared to speak in opposition to the vari-
ance; and
WHEREAS, after due consideration, it is the opinion of the Board of Zoning Adjust-
ments that the variance request is justified, subject to conditions, for the following
reasons:
1. That there are exceptional or extraordinary circumstances and conditions
applicable to the property involved because it insures the privacy of the
applicant as required due to the special ·,circumstances of said applicant.
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 other
fences within the same vicinity and zone that exceed the Uniform Building
Code and city toning requirements.
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
vicinity and zone in which the property is located because it does not dir-
ectly affect the surrounding property.
4. That the granting of such variance will not adversely affect the compre-
hensive General Plan because it does not affect density.
AND, FURTHER, that this variance is granted subject to the following condition:
1. That, at the time of sale of the house, the fence must be brought within
the code or a new variance applied for.
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 following vote:
Ayes: Corrrrns. Beard, Cummings, Ebey, Schutz, Chmn. Sims
Noes: None
Absent: None
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PAGE TWO -RESOLUTION B.Z.A. 154-228
457 ~ 30TH STREET
CERTIFICATION
I hereby certify that the foregoing Resolution B.Z.A. a54-228 was adopted by the Board
of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the
2nd day of May, 1977.
Dated -6 /.;;._/77 r ,
(f~t
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J .. _.t-i,,,.
--s;~, Chairman ~a -~ arry '""
Corky Beard Secretary