Beloin v. Blankenhorn

McCOMB, J.

This is an appeal by defendants from a judgment ordering defendant board of zoning appeals to vacate a zoning variance for the construction of a gasoline service station.

Chronology

1. Defendant David Blankenhorn, who owned property situated at the northwest corner of Sunset Boulevard and Barrington Avenue, Los Angeles, which property was zoned for residential purposes only, applied to the planning commission of the city of Los Angeles seeking a variance with respect to his property so that it could be used for commercial purposes. After hearing before the zoning commission administrator of Los Angeles, his application was denied.

2. Defendant Blankenhorn then appealed to the board of zoning appeals from the decision of the zoning administrator and after hearing before said board an order was made granting his request for a variance.

3. Plaintiffs on behalf of themselves and all other property owners similarly situated filed the present petition for a writ of mandate to compel the board of zoning appeals to annul, its order granting a variance and seeking to enjoin the zoning administrator from approving plans, and the general manager of the department of building and safety from issuing a permit for the construction of a service station on defendant Blankenhorn’s property.

4. Defendants, board of zoning appeals and its members, filed a general.demurrer to the petition.

5. All defendants filed answers denying most of the material allegations of the petition; e. g., (a) that the action was filed by plaintiffs in a representative capacity, (b) the reliance by plaintiffs upon the fact that the property was in a residential zone when they purchased it, and (c) that defendant Blankenhorn knew when he purchased the prop

[664]

erty that it was zoned for residential purposes only. In addition various affirmative defenses were pleaded.

6. At the time of the hearing of defendants’ demurrer to the petition it was stipulated that a certified copy of the record before the board of zoning appeals, which includes the record made on the hearing before the zoning administrator, could be considered in connection with the petition. After argument the demurrer was submitted for the court’s consideration.