SUBJECT: VARIANCE 99-8 – APPEAL

LOCATION: 2334 THE STRAND

APPLICANT/

APPELLANT: JERRY AND LEANNE HEUER

323 30 ^TH STREET

HERMOSA BEACH, CA 90254

REQUESTS: TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING WITH THE FOLLOWING VARIANCES:

• LESS THAN REQUIRED GROUND LEVEL OPEN SPACE FOR THE R-1 ZONE,
• A BALCONY WITH A FRONT SETBACK OF 3 FEET RATHER THAN THE REQUIRED FIVE FEET.

Planning Commission Action

The Planning Commission at their meeting of December 1, 1999, voted 2:2 on the subject request, which is considered a denial of the Variance.

Staff Recommendation

To approve the requested Variance to ground level open space, provided that at least 300 square feet are provided in the front yard area, and to deny the requested Variance to allow the balcony to encroach to within 3-feet of the front property line.

Background

ZONING: R-1

GENERAL PLAN: Low Density Residential

LOT SIZE: 2,400 Square Feet

PROPOSED DWELLING UNIT SIZE 3,724 Square Feet

The subject lot is currently vacant and is located on The Strand between 23 ^rd and 24 ^th Streets with vehicular access from the alley (Beach Drive).

Analysis

The applicant plans to construct a new two-story single-family dwelling with a two-car garage with access from the alley.

The applicant is requesting a Variance from the ground level open space requirements of the R-1 zone, which require 75% of the required 400 square feet to be located on the ground. The reason for this request is so the building can extend to the front setback line (8 feet from the front property line at The Strand). Otherwise, in order to provide the required 300 square feet of open space on the ground, the building would have to be setback approximately 20 feet from the Strand. (Alternatively, open space could be provided in a courtyard area in the middle of the lot, but providing it in the rear yard is not possible given that the alley provides the only possible location for a garage). Overall, the building would have to be reduced by nearly 900 square feet to comply with the ground level open space requirement.

The applicant is also requesting a Variance to allow the second level balcony to project out 5 feet from the front setback line to within 3 feet of the front property line, rather than the maximum projection of 3 feet (or 5 feet from the front property line). This request is because the applicant desires some northwesterly and southwesterly views around adjacent buildings which are nonconforming to the front yard setback requirement of 8 feet (10% of lot depth).

In order to grant a Variance, the following findings must be made:

1. There are exceptional or extraordinary circumstances, limited to the physical conditions applicable to the property involved.
1. 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.
1. 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
1. The Variance is consistent with the General Plan

The applicant made this request because the small lot size (which is not quite small enough to qualify for the exception from ground level open space requirements) and the alley only access in the rear forces the placement of ground level open space in the front of the lot, significantly limiting the potential building size and view potential. This combination of small lot size with alley only access are unique to the two-block stretch of The Strand between 22 ^nd and 24 ^th Streets. To the south, the Strand fronting lots with similar alley conditions are zoned R-2B or R-3, thus allowing all open space to be provided on decks. To the north, the lots are "through" lots with Hermosa Avenue and Strand frontage, and due to a special provision in the Zoning Ordinance for through lots, these lots may count their Strand front yard setback area towards their open space requirement (Section 17.46.152) ¹ .

Discussion of findings:

Finding 1: The lot is relatively small (2400 square feet) but is not considered 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, as noted above, 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.

In total these circumstances could be considered as exceptional and extraordinary.

Finding 2: The owners wish to exercise a property right, possessed by others in the neighborhood, to construct a new dwelling of a reasonable size, and to take advantage of the view potential . The Variance to open space is necessary for this dwelling to reach a size that the applicant finds comfortable and comparable to neighboring homes. Supporting such a finding depends on whether the ability to build to a certain size and maximizing view potential is considered a substantial property right, which is arguable relative 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. The finding does not seem supportable relative to the request to increase the balcony encroachment.

Finding 3: The project will not likely be materially detrimental to property improvements in the vicinity and Zone since the project complies with all other requirements of the Zoning Code. However, if the Variance for the balcony encroachment is granted, it may have detrimental impacts on neighboring properties should they wish to redevelop their lots (i.e. the balcony would encroach closer to the Strand, impacting northerly and southerly views.)

Finding 4: The project is not unusually large or out of scale with the neighborhood, and is otherwise in conformance with the Zoning Ordinance and the General Plan.

If the Council decides to approve the Variance it must adopt the findings as described above.

Staff is recommending that the Variance for the ground level open space be granted only with the stipulation that at least 300 square feet (clear from ground to sky) be provided in the front yard area. This would make the requirement consistent with other R-1 lots on the Strand which are identified as "through lots." Further, based on the discussion of findings above, staff recommends that the Variance for the balcony encroachment be denied.

Plan Corrections:

1. Lot coverage calculates to over 68% and must be reduced to a maximum of 65%.
2. Based on the information provided, the building complies with the height limit. More complete information is necessary for final plan approval (critical point maximums and finished roof heights indicated at all critical points.)

¹ The provisions for determining the front yard on through lots was adopted January 1998. The exception reads as follows: "C. Exception for The Strand/Hermosa Avenue Through Lots: New developments shall be required to provide front yards on both The Strand and Hermosa Avenue. For existing developed properties and remodeling and expansion projects thereon The Strand shall be designated the front yard. For the purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement."

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RESOLUTION NO. 99-

 

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 LEGALLY DESCRIBED AS.

 

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 on decks and within the front yard area rather than on the ground 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:

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:

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, and sustains the decision of the Planning Commission to deny 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. 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

 

PASSED, APPROVED, and ADOPTED this day of , 2000,

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RESOLUTION NO. 99-

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO DENY VARIANCES FROM GROUND LEVEL OPEN SPACE REQUIREMENTS, AND 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 LEGALLY DESCRIBED AS.

 

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 on decks and within the front yard area rather than on the ground 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:

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:

Section 8 . Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission and denies the requested Variances to ground level open space requirements, and to allow a balcony to project five feet into the front yard rather than the maximum of three feet.

PASSED, APPROVED, and ADOPTED this day of , 2000,

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