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 City of Hermosa Beach --- 07-21-98SUBJECT: VARIANCE 98-5 NONCONFORMING REMODEL 98-
LOCATION: 1265 Bonnie Brae Street
APPLICANT: Patrick Hanson 1265 Bonnie Brae Street
REQUESTS: Variance to the garage setback and front yard setback for a detached garage in order to allow a greater than 100% expansion to the main dwelling. Recommendation Deny requested Variance
Background ZONING: R-1 GENERAL PLAN: Low Density Residential LOT SIZE: 3,822 square feet EXISTING USE: Dwelling ENVIRONMENTAL DETERMINATION: Categorically Exempt
Analysis Chapter 17.52 of the zoning ordinance allows expansion/remodel of nonconforming buildings up to 100% of the existing buildings value. The applicant is proposing to remodel first floor and add a second story over the existing building that has a valuation of 146%. The proposal generally conforms to planning and zoning requirements, as adequate open space is provided at grade in the yard area between the garage and dwelling. Lot coverage is well below the maximum of 65%. All yards comply with minimum requirements, except the garage setback, and the building complies with the maximum 25-foot height limit.
The current garage front setback is 4.8 feet, and the required front setback for a garage with a driveway leading directly from the street is 17 feet. The front setback for all other development on the subject lot is 10% of the lot depth which equates to 9.5 feet. The current location to the existing garage is not a result of size, shape, or configuration of the property, and could be setback the required 17 feet. To grant a Variance without the required Findings could be considered granting of a special favor, and/or could set precedence that similar lots could exceed the maximum allowed remodeling and expansion and maintain a nonconforming status as to the current Zoning standards.
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, DENYING A VARIANCE TO THE GARAGE AND FRONT YARD SETBACK AT 1265 BONNIE BRAE.
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by Patrick Hanson, owner of real property located at 1265 Bonnie Brae Street in Hermosa Beach, seeking Variances for the garage and front yard setback. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Variance and Nonconforming Remodel 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 expansion and remodeling by 46%. A Variance is necessary for the garage and front yard setback in order exceed the 100% maximum valuation allowed for the expansion and remodeling.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Variance:
There are no exceptional circumstances relating to the property's size, shape, configuration or topography to warrant granting a Variance to the Zoning Ordinance standards.
2. The Variance is not necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity, and would constitute granting special favor to the applicant.
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.
4. 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 for the garage and front yard setback.
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