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 (untitled)SUBJECT: APPEAL OF VARIANCE 96-3
LOCATION: 544 GRAVELY COURT
APPELLANT: CLAUDIA DeFRIES 544 GRAVELY COURT HERMOSA BEACH, CA 90254
REQUEST: TO APPEAL THE PLANNING COMMISSION DECISION TO DENY THE A VARIANCE TO ALLOW A NEW SINGLE-FAMILY DWELLING WITH A 13-FOOT GARAGE SETBACK FROM THE BACK OF SIDEWALK, RATHER THAN THE REQUIRED 17 FEET.
Recommendation
To sustain the decision of the Planning Commission to deny the requested Variance by adopting the attached resolution.
Background
The Planning Commission, at their meeting of January 21, 1997, voted 4:1 to deny the requested Variance. Findings for the denial are contained in the attached Planning Commission resolution.
Project Information
ZONING: R-2B GENERAL PLAN: Medium Density Residential LOT SIZE: 2,206 square feet (37' X 60') PROPOSED DWELLING UNIT SIZE: 2,585 Square Feet The subject lot is one of three lots located on the east side of Gravely Court, which is a short dead-end street south of 6th Street, east of Pacific Coast Highway. Currently there is no sidewalk at the street frontage.
The applicant is requesting a variance from the parking and garage setback requirement, which is a minimum 17-feet measured from the back of the sidewalk or planned sidewalk (Section 17.44.090-C, excerpt attached). The applicant is proposing a setback of 10-feet to the front property line, measuring approximately 13-feet to the edge of the sidewalk that will be required as part of this project, in order to accommodate a 4-car garage plus one parallel guest parking space.
Analysis
In order to grant a variance, the following findings must be made:
The Planning Commission agreed with staff's recommendation that findings for a variance could not be made in this case. Further, the proposed 13-foot setback behind the garage may encourage parking that overhangs the sidewalk. The following summarizes the reasons the Commission denied the request:
Exceptional or extraordinary circumstances: The existing physical conditions of the property are not unusual for Hermosa Beach, and do not warrant any variation from garage setback requirements since the required 17-foot setback and a 2-car garage can easily be accommodated on site. Further, the 4-car garage as desired by the applicant is not precluded either, if the proper shoring is provided at the rear of the lot.
The two other lots in the same side of this dead-end street also pre-date the 17-foot garage setback requirement, and have garage setbacks of about 5 feet. If remodeled and/or expanded 50% they will be subject to the same setback requirement.
Substantial property right: No property right is being denied by application of the garage setback requirement. As noted above parking can easily be provided in compliance with the zoning ordinance, allowing construction of a 2,500 square-foot- 3-bedroom home with an ocean view. Further, within the R-2B zone a building up to 30-feet high is allowed and no open space is required at grade level. The only argument of the applicant is that the construction of desired supplemental parking will be expensive. Supplemental or extra garage parking is not a substantial property right, nor is it being precluded by the zoning requirements.
Public welfare: One of the reasons for the establishment of the 17-foot setback rule was to discourage cars parking behind garages from overhanging into the public sidewalk, which is intended to benefit the public welfare. Granting the proposed variance would be inconsistent with this objective.
In sum, the applicant is proposing a variance in conjunction with a new single-family home to satisfy a desire for extra parking. Given that a reasonably sized home can be constructed on the subject lot in compliance with all zoning standards, including parking requirements, the Planning Commission found that granting a variance was not warranted.
Excerpt from the Hermosa Beach Zoning Ordinance
17.44.090 Off-street parking location. All off-street automobile parking facilities shall be located as follows: A. All parking spaces shall be located on the same lot or building site as the use for which such spaces are provided; provided however, that such parking spaces provided for commercial, business, industrial or warehouse uses may be located on a different lot or lots, all of which are less than three hundred (300) feet distant from the use for which it is provided, and such lot or lots are under common ownership with the lot or building site for which such spaces are provided. Where the buildings are situated on one lot and the parking is situated on another lot, the owner shall file with the building department an affidavit recorded by the office of the Los Angeles County recorder that these lots are held in common ownership for the use specified. Such distance shall be measured along a straight line drawn between the nearest point on the premises devoted to the use served by such parking facilities and the nearest point on the premises providing such parking facilities. It is further provided that uses located within the boundaries of an established off-street parking district, organized pursuant to action by the city council, shall be waived by the requirements of this subsection. B. No parking space required for any residential use shall be more than two hundred (200) feet total walking distance from the nearest entrance of the dwelling unit for which it is provided, except that residential uses located within the boundaries of an established off-street parking district, organized pursuant to action by the city council, shall be waived by the requirements of this subsection. C. In residential zones, garages or parking stalls fronting on a public street shall be set back a minimum of seventeen (17) feet from the exterior edge of the nearest public improvement (sidewalk or street improvement) if roll-up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where public improvements for sidewalks have not been completed the above setback shall be measured from the edge of the required or planned sidewalk. Garages or parking stalls fronting on an alley shall provide one of the following setbacks from the property line: seventeen (17) feet, nine feet or three feet, except garages or parking stalls fronting on an alley of fifteen (15) feet in width or less need only to comply with the turning radius requirements of Section 17.44.130. For purposes of this section the service road located parallel to Hermosa Avenue approximately between 27th Street and 35th Street shall be considered as an alley. D. Residential parking within the front twenty (20) feet shall be allowed only when paved and leading to a garage. E. A garage may be located on one side lot line or on a rear property line which does not border a street or alley when said garage complies with all of the following: 1. No portion of such garage is more than thirty-five (35) feet from the rear lot line; and 2. No portion of such garage is closer than three feet to a habitable building on adjacent lot; and 3. There are no openings on the side of the garage which are on the property line; and 4. The wall on the side of the garage is constructed of one-hour fire resistant materials, and meets all building code regulations; and 5. There has been provision for all roof drainage to be taken care of on the subject lot; and 6. Such accessory structure is no more than one story in height and a distance of not less than six feet from the main building; and 7. Such accessory building is used only for storage of automobiles, and may be used in conjunction therewith for open sun deck. F. Open parking spaces for residential uses in the open space zone (OS-O) shall be located only within the rear fifty (50) percent or in the rear forty (40) feet whichever is the lesser of a residential lot. (Ord. 96-1153 § 1, 1996; Ord. 94-1120 § 1, 1994; prior code Appx. A, § 1157)
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