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HomeMy WebLinkAboutPC Resolution 05-721 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO.05-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE TO THE LOT COVERAGE AND OPEN SPACE REQUIREMENTS, AND MAXIMUM ALLOWABLE VALUATION INCREASE FOR A NONCONFORMING STRUCTURE IN ORDER TO ALLOW AN ADDITION AND REMODEL OF AN EXISTING SINGLE-FAMILY DWELLING, RESULTING IN 70.9% LOT COVERAGE RATHER THAN THE MAXIMUM 65%, A 214% VALUATION INCREASE RATHER THAN THE MAXIMUM 100%, AND PROVIDING NO OPEN SPACE DIRECTLY ADJACENT AND ACCESSIBLE TO A PRIMARY LIVING AREA AT 311 31IT STREET, LEGALLY DESCRIBED AS LOT. 23, BLOCK 117, SHAKESPEARE TRACT The Planning Commission does hereby resolve and order as follows: Section 1. An application was filed by Thomas and Barbara Zondiros, owners of the property located at 311 31st Street seeking Variances to allow an addition and remodel of an existing legal nonconforming single-family residence resulting in 70.9% lot coverage rather than the 65% maximum, a 214% valuation increase rather than the 100% maximum, and no open space directly adjacent and accessible to a primary living area rather than the required 180 square feet. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Variances on December 7, 2005, at which testimony and evidence, both written and oral, was 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 lot is considered a "small lot" under the R-1 development standards, as it is 2100 square feet. 2. The Variance to the maximum allowable valuation increase of 100% for a nonconforming structure is needed because the proposed expansion and remodel results in a 214% increase in valuation. Pursuant to Chapter 17.52 of the Zoning Ordinance, the maximum allowable valuation increase for an expansion and remodel of an existing nonconforming structure is 100%. 3. The Variance to lot coverage is needed because the proposed addition causes lot coverage to be increased by 296 square feet (approximately 14%) to accommodate an enlarged garage, resulting in 70.9% lot coverage rather than the required 65% maximum. 4. The Variance to open space is needed because the proposed open space will not be directly adjacent and accessible to a primary living area rather than having 180 square feet directly adjacent and accessible to a primary living area. 1 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Variance to allow an addition and remodel of an existing legal nonconforming single-family residence resulting in 70.9% lot coverage rather than the 65% maximum, a 214% valuation increase rather than the 100% maximum, and no open space directly adjacent and accessible to a primary living area rather than the required 180 square feet. 1. There are exceptional or extraordinary circumstances limited to the physical conditions applicable to the subject property because the lot is considered a "small lot" on a walk street with the only garage access off a narrow 10-foot wide alley at the rear of the property. Because the garage access is limited to the rear of the property, the requirement that 60% of the usable open space be located adjacent to primary living areas cannot be provided adjacent to primary living areas on the ground floor without significantly reducing the buildable area of the project. 2. The owners wish to exercise a property right, possessed by others in the neighborhood, to construct a single family home to meet current standards of livability and to be a reasonable size. The Variances to open space and lot coverage are necessary for this dwelling to maintain the primary living area on the ground floor without also being forced to significantly reduce the building footprint, and provide parking which is not currently provided. The Variance from the maximum valuation increase for nonconforming structures is needed in order for the dwelling to reach a size that is comparable to other dwellings in the neighborhood. The property fronts on a walk street that effectively provides open space and is a desirable feature enjoyed by other properties with a walk street orientation. The combined conditions of the small lot and narrow rear alley parking access create an unusual hardship in providing open space that is directly accessible to the primary living area yet contiguous with the walk street, and therefore denies a property right that other similar walk street properties enjoy. 3. The project will not likely be materially detrimental to property improvements in the vicinity and Zone since the project complies with all other requirements of the Zoning Code, and is not inconsistent with development in the neighborhood. 4. The project is not unusually large or out of scale with other new projects in the neighborhood, and is otherwise in conformance with most of the- requirements of the Zoning Ordinance and the General Plan. Section 5. Based on the foregoing, and since the Planning Commission can make all 4 required findings as required by Section 17.54.020 of the Zoning Ordinance, the Planning Commission hereby approves the requested Variances from the lot coverage and open space requirements, and maximum valuation increase subject to the following conditions of approval. 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at their meeting of December 7, 2005. E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 VOTE: AYES: Allen, Hoffrnan, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 05-72 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 December 7, 2005. Ron Pizer, Chairman 7ecember 7 2005 Date I VARR311 a Sol Blumeecretary 3