CITY OF SANTA MONICA
CITY PLANNING DIVISION
STATEMENT OF OFFICIAL ACTION
FINDINGS AND
DETERMINATION OF
THE ZONING
ADMINISTRATOR
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CASE NUMBER: VAR
00-039 LOCATION/ZONE: 2553 3rd Street/ OP2 LEGAL DESCRIPTION: Portion
of Lot 11 of Vawters Subdivision of Blocks 6, 7, 8, 9 10, 11, 12 and 13 of
the Lucas Tract LOT DIMENSIONS 35'
x 155' = 5,425 square feet AND AREA: PROPOSED PROJECT: Request
for variance to allow the construction of a semi-subterranean four car garage
(with two cars in tandem) and deck beneath an existing legal, nonconforming
3-story dwelling. The garage is proposed with a 5 front yard setback in-lieu
of the required 20 setback. APPLICANT: Shirley
Bly, Property Owner RENT CONTROL Owner
Occupied Exempt Property 12/4/97 STATUS: CEQA STATUS: The
project is categorically exempt (Class 1) from the provisions of CEQA
pursuant to Section 15301 (e)(2) of the State Implementation Guidelines in
that the project involves the construction of a semi-subterranean garage and
deck less than 10,000 square feet in area beneath an existing dwelling in an
urbanized area where all public services and facilities are available and
which is not environmentally sensitive . |
VARIANCE:
A variance is requested to allow the construction of a semi-subterranean four car garage with deck beneath an existing legal, nonconforming dwelling. The garage is proposed with a 5 front yard setback in-lieu of the required 20 front yard.
An application
for the above was filed on September 11, 2000, and a public hearing was held on
December 12, 2000, per the requirements of Chapter 1, Article IX of the Santa
Monica Municipal Code. Having followed
appropriate due process, the Zoning Administrator of the City of Santa Monica
hereby denies the variance request
to allow a 5 front yard
setback in-lieu of the required 20 front yard.
FINDINGS:
1. The subject property is a substandard sized
lot (35'
x 155') containing 5,425 square
feet. The subject parcel is located on
the east side of Third Street, in the OP2 (Ocean Park Low Multiple Family)
District and within the Third Street Historic District. The parcel is bounded by two-story
multi-family buildings to the north and east in the OP2 District; single story
multi-family buildings to the north in the OP2 District; and single story,
single and multi-family buildings across Third Street to the west in the OP2
District. The subject property is
currently developed with a legal nonconforming 3-story dwelling at the front of
the parcel and an additional single story dwelling at the rear of the parcel.
2. The applicant requests VAR 00-039 to allow
a 5 front yard setback in lieu of the required 20 setback for the
construction of a semi-subterranean four car garage beneath the existing legal,
nonconforming dwelling located at the front of the parcel.
3. There are no special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the parcels 155 length exceeds minimum parcel length standards and no evidence or documentation have been presented to prove that the proposed semi-subterranean garage could not be constructed beneath the building with a conforming 20 front yard setback. In addition, the proposed semi-subterranean garage is not required by Code, but is intended for the convenience of the residents in the existing units on the subject parcel.
4. The request for a reduced front yard
setback to 5 would be detrimental to improvements in the general vicinity in
that a reduced front yard would diminish the aesthetic character of the Third
Street Historic District. Moreover, the front yard setbacks of the
adjacent properties to the north and south of the subject site are 344 and
18 6 respectively.
5. Compliance with front yard setback
requirements would not result in practical difficulties or unnecessary hardship
to the applicant, not including economic difficulties or economic hardships,
and would not result in unreasonable deprivation of the use or enjoyment of the
property, in that no evidence or
documentation have been presented to prove that the proposed semi-subterranean
garage could not be constructed beneath the building with a conforming 20
front yard setback. In addition, the proposed semi-subterranean garage is not
required by Code, but is intended for the convenience of the residents in the
existing units on the subject parcel.
6.
The granting of a variance for reduced front yard
setback would be in conflict with the General Plan in that the Land Use Element
Objective 1.10 states that the opportunity for residential land use should be
expanded while protecting the scale and character of existing neighborhoods.
Although SMMC Section
9.04.20.10.030(c) allows the consideration of a variance to reduce
setbacks on the subject parcel with its substandard parcel width and
topography, the findings cannot be made in this case because the parcel has a
155 lot depth which allows the applicant to comply with the 20 front yard
setback requirements and still construct the proposed semi-subterranean garage
beneath the existing dwelling. Reducing
the required 20 setback to 5 would not be consistent with the intent of the
OP2s low density character nor the
character of the Third Street Historic District. Moreover, the average front yard setback of dwellings
on each side of the subject property is greater than 25.
The variance
request is inconsistent with the general purposes and intent of the Zoning Code
and the goals, objectives and policies of the General Plan. The proposed semi-subterranean garage is not
required by Code, but is intended for the convenience of the residents in the
existing units on the subject parcel. In addition, the parcels 155
length provides the area needed to comply with the 20 frontyard setback
requirement. Front yard building
setbacks were established to achieve City goals to maintain and enhance the
residential character and pedestrian orientation that open front yards
provide. Accordingly, the requested
variance for a reduced front yard setback to 5 is contrary to and in conflict
with the general purposes and intent of the Zoning Code, or to the goals,
objectives and policies of the General Plan.
7. The project can be designed to provide the required front yard setback. The granting of this variance will impair the integrity and character of the district in which it is located, in that front yard building setbacks were established to achieve City goals to maintain and enhance the low density residential character that open front yards provide. In addition, the average front yard setback of dwellings on each side of the subject property is greater than 25.
8. The subject site is not physically suitable
for this variance, in that the existing legal, nonconforming 3-story dwelling
has sufficient area beneath the structure to accommodate the proposed
semi-subterranean garage.
9. There are adequate provisions for public
access, water, sanitation, and public utilities and services to ensure that the
proposed variance would not be detrimental to public health and safety, in that
the subject property is located in a developed area of the City with adequate
access to public utilities and roads.
All decisions
of the Zoning Administrator are appealable to the Planning Commission during a
14 calendar day appeal period following the decision date. An appeal may be made by completing an
appeal form, available from and to be filed with the City Planning Division,
1685 Main Street, Room 212, Santa Monica, CA 90401 (310) 458-8341, accompanied
by a filing fee of $108.89 within the 14 day appeal period.
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Determination Prepared By: Paul
Foley, Associate Planner Determination Approved By: ____________________________
Zoning Administrator Determination
Date: January 8, 2001
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EFFECTIVE DATE
OF ACTION IF NOT APPEALED:
January 22,
2001
f:plan\share\zone\VAR\00var039frontsetbk.doc