City of Hermosa Beach --- 01-25-00

RESOLUTION NO. 00-

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE FROM GROUND LEVEL OPEN SPACE REQUIREMENTS, AND DENYING A REQUEST FOR A VARIANCE TO PROJECT A BALCONY INTO THE FRONT YARD FIVE FEET RATHER THAN THE MAXIMUM OF THREE FEET, IN CONNECTION WITH A PROPOSED NEW SINGLE FAMILY DWELLING AT 2334 THE STRAND, LEGALLY DESCRIBED AS LOT 6, BLOCK 24, HERMOSA BEACH TRACT.

 

The City Council does hereby resolve and order as follows:

 

Section 1 . An appeal was filed by Jerry and Leanne Heuer owners of real property located at 2334 The Strand in Hermosa Beach, seeking to appeal the Planning Commission denial of Variances from ground level open space requirement of the R-1 zone, and the front yard setback for balconies in connection with a proposed new single-family dwelling.

 

Section 2 . The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Variance on December 1, 1999, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and the Commission voted 2:2 on the request, thereby denying the Variance.

 

Section 3. The City Council conducted a duly noticed de novo public hearing to consider the appeal of the Planning Commission denial of the Variance on January 11, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the City Council

 

Section 4 Based on the evidence received at the public hearing, the City Council makes the following factual findings:

 

1. The applicant is proposing to construct a new two-story single-family dwelling with a two-car garage with access from the alley. The specific Variances being requested for the proposed project are to vary from open space requirements of the R-1 zone to allow open space to be provided within the front yard area rather than on the ground level outside of yard areas, and to vary from Section 17.46.100 to allow a balcony to encroach five feet into the front yard rather than the maximum of three feet.

2. The subject lot is located on The Strand between 23 rd and 24 th Streets, and has vehicular access only from the 10-foot wide alley on the east (Beach Drive). The front of the lot is considered The Strand frontage.

3. The proposed expansion will otherwise comply with all requirements of the Zoning Ordinance.

 

Section 5 . Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Variance from ground level open space requirements:

 

  1. There are exceptional circumstances relating to the property because The lot is relatively small (2400 square feet) but not afforded relief from open space requirements as a "small lot" under the R-1 development standards as it is greater than 2100 square feet and not within 10% of 2100 square feet. This means the lot cannot be given the relief to provide the required open space on decks. Given the alley only access, the open space must be located towards the front of the lot, significantly limiting the potential size of the dwelling, especially when compared to other Strand lots. Further, it diminishes the potential, common to Strand fronting properties, of a panoramic view to the west to include northwesterly and southwesterly directions. Also, the lot is located on the only two Strand fronting blocks that are zoned R-1 and located with alley access, and thus are not afforded the exception for R-1 zoned Hermosa Avenue/Strand through lots to use the required front yard for open space.
  2. The Variance is necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity because the ability to build to a certain size and and achieving the view potential common to Strand fronting properties is a substantial property right, which cannot be obtained by strict adherence to the ground level open space standard, especially when considering that similar R-1 properties to the north are allowed to use their front yards toward the open space requirement.

  3.  

  4. The requested Variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity because the Variance to open space will only allow the construction of a building with a similar building envelope as other nearby properties have already constructed and the project, as conditioned, complies with all other requirements of the Zoning Code

  5.  

  6. The proposed Variance does not conflict with and is not detrimental to the General Plan because is not unusually large or out of scale with the neighborhood, and is otherwise in conformance with the Zoning Ordinance and the General Plan.

 

Section 5 . Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Variance to project the balcony five feet into the front yard rather than the maximum of three feet:

 

  1. The Variance is not necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity because other properties do not possess the right to project balconies or decks closer than five feet from the front property line.

  2.  

  3. The requested Variance will potentially be materially detrimental to the public welfare or injurious to property or improvements in the vicinity because the additional projection may be detrimental to the consistency of setbacks from the Strand, and may have the effect of obstructing view perspectives from neighboring properties. …

Section 7 . 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 8 . Based on the foregoing, the City Council hereby approves, on appeal, the requested Variance to ground level open space requirements to allow the front yard area to count towards the open space requirement, and denies the requested Variance to allow a balcony to project five feet into the front yard rather than the maximum of three feet. The approval of the Variance to ground level open space is 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 Commission at their meeting of December 1, 1999, and modified pursuant the conditions below. Any minor modification shall be reviewed and may be approved by the Community Development Director.

 

  1. A minimum of 300 square feet of ground level open space, clear to the sky, shall be provided at ground level, which may be in the front yard area or elsewhere on the property.
  2. The lot coverage must be reduced to comply with the maximum allowed 65%.
  3. More complete information is necessary relative to finished building height to verify compliance (critical point maximums and finished roof heights indicated at all critical points.)
  1. The Variances are specifically limited to the ground level open space requirements as specified, and applicable to the situation and circumstances that result relative to the proposed project and is not applicable to the development of future structures or any future expansion

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