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HomeMy WebLinkAboutPC Resolution 05-3210 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 RESOLUTION NO.05-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, VALIDATING THE LEGALITY OF DETACHED ACCESSORY LIVING QUARTERS ON THE PROPERTY AT 1236 3" STREET The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section_ 1- An application was filed by Marianne Hill on behalf of Patricia Shaw seeking a determination of the legality of a the detached accessory living quarters at 1236 Yd Street, in addition to the main dwelling unit on the property. Section 2. The Planning Commission conducted a hearing to consider the application on May 17, 2005, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission. Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The subject property contains a one story single family home with a two -car garage in front and a detached accessory shed structure in the rear. The main house was constructed in 1928, in accordance with permit No. 212. The age of the accessory structure is unclear, but it is shown on the 1957 Sanborn Map. The rest of the property is also in essentially the same configuration as shown on the Sanborn Map, with the exception of the single car garage, which was enlarged to a two -car garage in 1978 for which the then owner obtained a variance (BZA 154-263) which also allowed a roof deck, retaining wall and new entry stairway. 2. The applicant is requesting a determination that the detached accessory structure in the rear be declared legal for use as "accessory living quarters" to accommodate a live-in nurse. The applicant does not intend to use the structure for a separate dwelling unit with a full kitchen, and is willing the place a deed restriction on the property to limit its use as accessory living quarters only. 3. Staff inspected the property on September 15, 2004 and found the building and floor layout consistent with the submitted plans. The 288 square foot "accessory living quarters" contains a "playroom" (12'-6" X 14'-6") with a wet bar, small refrigerator, and a microwave oven. A small wall heater provides heat. At the time of inspection, the "playroom" contained a bed, television, and personal effects including clothing and decorations. The wet bar area contained pots, pans, silverware, dishes and other cooking/eating equipment. No significant building code violations were noted other than the proximity to the property line of a habitable space with windows. 4. The Zoning Ordinance defines "guest houses" and "accessory living quarters" as: "living quarters within a main building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to the issuance of a conditional use permit and are not allowed in accessory buildings." Accessory living quarters are allowed in the R-1 zone subject to a conditional use permit. 5. Given that the Zoning Ordinance does not allow accessory living quarters outside the main building, the existing condition on the property cannot be approved with a conditional use permit. The applicant is requesting, however, that the City recognize its long-term prior use as accessory living quarters and deem it legally nonconforming. 1 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 Section 4. Based on the foregoing factual findings and the available evidence of City records and provided by the applicant, the Planning Commission makes the following findings: 1. The available evidence and testimony from the property owner, tenants, and former neighbors indicates that the dwelling unit has been used as a separate accessory living quarter since the 1950's or 1960's. 2. The applicant is willing to record a deed restriction to limit the use of the structure for accessory living quarters only with the current wet bar in order to prevent its use as a separate dwelling unit. The City clearly did approve a separate rumpus room with separate access from the upstairs unit and since there is no connection between the two floors, all the City can do, if it not permitted as a dwelling unit, is require the removal of the efficiency kitchen. 3. Therefore, based on all the evidence and testimony, the Commission finds that the downstairs living area should be considered a legal detached accessory living quarters. Section 5. Based on the foregoing, the Planning Commission hereby determines that the detached accessory building at 1236 3rd Street is a legal accessory living quarters, and can be maintained as a legal nonconforming use subject to the following Conditions of Approval: 1. The legal determination for the accessory unit is not valid until a deed restriction is recorded with the property to limit the use of the detached structure for accessory living quarters only defined as living quarters that have no kitchen facilities (wet bar is acceptable) and is not rented or otherwise used as a separate dwelling unit. 2. A permit shall be obtained for the existing wall heater in the accessory structure, or it shall be upgraded if necessary. VOTE: AYES: Allen, Hoffinan, Kersenboom, Perrotti NOES: None ABSENT: Pizer ABSTAIN: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 05-32 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of May 17, 2005. Peter I.loffrnan, airman S Blumenf l , Se retary June 21, 2005 Date F:\B95\CD\PC\2005\02-15-05\LEGR1534PalmDr.doc 2