HomeMy WebLinkAboutPC Resolution 02-481
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RESOLUTION NO.02-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, VALIDATING THE LEGAL NONCONFORMING USE OF
TWO DWELLING UNITS AT 402 28TH STREET
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by John K. Giesregen seeking a determination of the
legality of two residential units located at 402 28th Street, pursuant to Chapter 17.60 of the Zoning
Ordinance.
Section 2. The Planning Commission conducted a hearing to consider the application on
November 19, 2002, 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 two separate buildings, a
single family residence and a converted garage.
2. The current zoning of R-2 dates back to 1943.
3. The two units are nonconforming to current zoning requirements of the R-2 zone
because, since the adoption of the changes to the Zoning Ordinance in 1943, no more than two units
would have ever been allowed on the subject property because of the less than required lot size.
4. Pursuant to Section 17.12.050 of the Zone Code, the minimum lot area per dwelling
unit shall be not less than 1,750 square feet. Thus only one dwelling would be allowed on the
subject property by current zoning requirements due to the lot area being 2,396 square feet instead of
the required minimum lot area of 3,500 square feet for a property with two dwelling units.
5. A permit was issued in 1961 to close half of the double garage to make "maid's
quarters" (defined as accessory living quarters).
6. The applicant has provided additional information obtained from the County
Assessor's office showing that the property is being taxed for two units and that the garage was
converted to living area with kitchen and 3/4 bath in 1961. This information supports the applicant's
assertion that the two units were legally created and assessed property taxes.
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:
L The available evidence indicates that the two units were lawfully created at the time
of construction, and therefore, the Planning Commission validates the use of the
property for two dwelling units is legally nonconforming.
2. The information from the County Assessor's office indicates that the property is being
taxed for two units and that the garage was legally converted into a separate dwelling
unit with a kitchen and 3/4 bathroom in 1961, thus verifying that the two units were
legally created.
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Section 5. Based on the foregoing, the Planning Commission hereby determines that the
continued use of the property for two dwelling units is a legal nonconforming use.
VOTE: AYES: Kersenboom, Pizer, Tucker
NOES: Hoffman. Perrotti
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 02-48 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 19, 2002.
Ron Pizer, Chairman 'Soll BlUin4r,ecretary
NoN,e berms 2002
Date legr402app
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