HomeMy WebLinkAboutPC Resolution 04-3510
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RESOLUTION NO.04-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, VALIDATING THE LEGALITY
OF FOUR DWELLING UNITS AT 67-71 18TH STREET
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Michael and Lynn Allen seeking a determination of
the legality pursuant to Chapter 17.60 of the Zoning Ordinance whether a fourth unit, originally
approved as bachelor unit, is a legal nonconforming dwelling unit and can contain a kitchen.
Section 2. The Planning Commission conducted a hearing to consider the application on
September 21, 2004, 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-2B zone which allows only one dwelling unit under
current zoning. The property contains a legal nonconforming "three units and a bachelor unit" for
a total of four units, constructed in 1954 pursuant to building permit No. 8098. Each unit contains
one bedroom and a kitchen.
2. The bachelor unit was apparently originally approved by the City as a unit without a
kitchen, with the City's intention to exclude a kitchen supported by the a 1956 Variance request to
add a kitchen, which was withdrawn, and a 1961 enforcement action to require the removal of a
kitchen sink.
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 neighbors indicates that the bachelor unit
has been continuously rented as a separate dwelling, and although the City required removal of a
kitchen sink in 1961, has contained kitchen facilities for more than 30 years.
2. The City's Municipal Code in 1954, when the original permit was issued, did not
contain a definition that distinguished a bachelor unit from a typical dwelling unit that contains a
kitchen, and the Municipal Code currently does not define bachelor unit;
3. Since the City originally allowed a separate unit with separate access the overall
impact of this unit on parking, density, and other considerations are no different with or without a
kitchen. Therefore no public purpose is served by excluding a kitchen from this unit.
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Section 5. Based on the foregoing, the Planning Commission hereby determines that the
continued use of the property for four dwelling units, each with a kitchen, is a legal nonconforming
use.
VOTE: AYES:
Allen, Hoffinan, Koenig, Pizer, Perrotti
NOES:
None
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 04-35 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 September 21, 2004.
Sam Perrotti Chairman Sol Blumen. Id, Secretary
Se tember 21 2004
Date
F:\B95\CD\PC\2004\09-21-04\LEGR67-18th St.doc
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