HomeMy WebLinkAboutPC Resolution 05-6710
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RESOLUTION NO.05-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, VALIDATING THE LEGALITY
OF ONE ADDITIONAL UNIT, FOR A TOTAL OF FIVE UNITS
ON THE PROPERTY, WITH TWO IN THE FRONT BUILDING
AT 668 AND 670 4Tx STREET AND THREE IN THE REAR
BUILDINGS, 672, 674, AND 674A 4" STREET
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section J. An application was filed by Mr. and Mrs. Karl Parker seeking a determination
pursuant to Chapter 17.60 of the Zoning Ordinance, of whether two dwelling units on the property
are legal nonconforming in addition to the four other units on the property within three buildings at
668-674 4th Street.
Section 2. The Planning Commission conducted a hearing to consider the application on
November 15, 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 is in the R-2 zone and contains three structures, a two-story building
in the front portion, and a one and two-story building in the rear portion of the property.
2. The building fronting on 4th Street (668, 668A & 670 4th) contains two dwelling units of
approximately 550 square feet each constructed sometime in 1960-61 (the permit record is
incomplete). These units are built above a four -car garage that also contains a storeroom and a
rumpus room with a bath. The area in dispute (668A: the rumpus room) which does not have a
kitchen, is being occupied as a separate rental. The use as a separate rental is inconsistent with
Affidavit 4372 filed February 10, 1961, which allowed a rumpus room with shower and lavatory — no
separate rental.
3. The buildings at the rear of the lot, 672 & 674 4th Street were built in 1924 and contain a 380
square foot unit in the one-story building to the west, and a 280 square foot unit on the second floor
of the building to the east, and a small "storage room and bathroom" of 200 square -feet on the first
floor, installed by permit in 1951. This first floor area in dispute (known as 674A) also contains a
kitchen; and is being used as a separate rental.
4. The applicant purchased the property in 1965 with the understanding it had six units based on
purchase and escrow documents
5. The applicant's records conflict with City records, which show that the property contains four
units.
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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. Based on the record there is no reason to make unit 668A (in the front building) a
legal separate unit. Not only was this unit never permitted, it has not been in continuous use as a
separate unit, and 1961 affidavit clearly prohibits it from being a separate rental unit.
2. The available evidence and testimony from city records on from the property owner
are inconsistent and unclear with respect to the unit in question (674A) in the rear two-story building,
but the records of the owner show that it has been a continuous rental unit for at least 40 years, which
is corroborated by inspections done by the City in 1969. Therefore, this unit meets the criteria to be
determined as a legal nonconforming unit pursuant to Section 17.60.080.
Section 5. Based on the foregoing, the Planning Commission hereby determines that one
additional unit is legal nonconforming (in the rear two-story building, known a 674A) but denies the
request to declare the additional unit in the front building (668A) as a legal nonconforming dwelling
unit. Therefore, the Commission determines that the continued use of the property for five total
dwelling units is a legal nonconforming use.
VOTE: AYES:
Allen, Kersenboom, Perrotti, Pizer, Hoffman
NOES:
None
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 05-66 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 November 15, 2005.
Ron Pizer, Chairman
December 7 2005
Date
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