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 City of Hermosa Beach --- 07-21-98CONTINUED FROM JUNE 16, 1998 MEETING
SUBJECT: VARIANCE 98-4
LOCATION: 3515 Manhattan Avenue
APPLICANT: Dale & Cecil Credeur 3515 Manhattan Avenue
REQUESTS: TO REDUCE THE CURRENT NONCONFORMING GARAGE SETBACK OF 5.8 FEET TO 2.83 FEET, AND TO EXCEED THE MAXIMUM HEIGHT OF 30 FEET BY 4.5 INCHES IN ORDER TO CONSTRUCT A THIRD STORY WITH THE BUILDING CODE REQUIRED TWO STAIRCASES.
Recommendation Approve the proposed garage setback. Deny the proposed building height exceeding the maximum of 30 feet.
Background ZONING: R-3 GENERAL PLAN: High Density Residential LOT SIZE: 1,497 square feet EXISTING USE: Dwelling ENVIRONMENTAL DETERMINATION: Categorically Exempt At the June 16, 1998 Planning Commission meeting, this matter was continued so that a revised public notice could be issued noting that a Variance to lot coverage was also. Since this meeting, revised plans with significant changes to the original plans have been submitted, eliminating the need for a lot coverage Variance.
Analysis The current garage setback in conjunction with the adjacent unused right-of-way is approximately 14 feet in depth. This depth is less than adequate for vehicle parking without overhanging the sidewalk, which is the purpose of requiring a 17-foot setback for garages. Reducing the current depth by 3 feet will discourage vehicle parking overhanging the sidewalk.
The width of the lot is such that even with use of the unused right-of-way, a full depth garage with a 17-foot setback could not be constructed. Constructing a garage with a 17-foot setback, and rear yard setback the length of the lot (50 feet) would leave only 8 feet for any habitable room at the ground level. Also, the slope and the lot dimensions are such that a subterranean garage could not be accessed in conformance with Code requirements.
Although the encroachment over the height limit is only 4.5 inches and could not block neighboring views as it is on the lower elevation, west side, and the easterly elevation is the higher elevation, the grounds for a variance are difficult to meet. The building height is related more to the existing structure than the dimensions, area, slope, or configuration of the lot. (See Variance Findings below)
In order to grant a Variance, the Commission must make the following findings:
There are exceptional or extraordinary circumstances, limited to the physical conditions applicable to the property involved. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, and denied to the property in question. The granting of the Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The Variance is consistent with the General Plan
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE FROM THE MINIMUM REQUIRED 17 FOOT GARAGE SETBACK FOR AN EXISTING GARAGE AND DENYING A REQUEST TO EXCEED MAXIMUM HEIGHT FOR THE EXPANSION AND REMODEL OF A NONCONFORMING SINGLE-FAMILY DWELLING WITH LESS THAN 50% INCREASE IN VALUATION AT 3515 MANHATTAN AVENUE.
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by Dale Credeur, owner of real property located at 3515 Manhattan Avenue in Hermosa Beach, seeking Variances from the minimum required 17 foot garage setback, and maximum allowed height in conjunction with a less than 50% expansion of a nonconforming building pursuant to Section 17.52.030(B) of the Zoning Ordinance.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for Variances on July 21, 1998, 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:
The applicant desires to remodel, and expand an existing residence which will exceed the maximum allowed height by 4.5 inches and will reduce the existing nonconforming garage setback from 5.8 feet to 2.83 feet in conjunction with remodeling. The requested remodel and expansion of less than 50% increase in valuation requires no Planning Commission approval.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Variance to the 17-foot garage setback:
There are exceptional circumstances relating to the property in that the property is a sloping lot, and only 1,500 square feet in area, with a depth and width of only 50 feet and 30 feet respectively.
2. The Variance is necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity, in that there is adequate habitable floor space at the ground level.
3. The requested Variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity in that it will not have any social or economic impact on adjacent properties.
The proposed Variance does not conflict with and is not detrimental to the General Plan, in that the expansion and remodel will not increase dwelling unit density in the area.
5. The project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to CEQA guidelines, Section 15301 e (2) with the finding that the project is in an area with available services and not in an environmentally sensitive area.
Section 5. Based on the foregoing factual Findings, the Planning Commission finds no grounds to grant a Variance to the maximum height allowed.
Based on the foregoing, the Planning Commission hereby approves the subject Variance allowing a less than 17-foot garage setback.
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