Kottler v. City of Los Angeles CA2/1
Real party in interest Michael Sourapas applied for a zoning adjustment from defendant and appellant the City of Los Angeles (the City) to allow him to expand his home beyond the maximum size allowed under the City’s zoning laws. The City granted the adjustment, and plaintiffs and respondents Donald and Marlene Kottler, who live next door to Sourapas, filed a petition for a writ of administrative mandate (see Code Civ. Proc., § 1094.5) to block the expansion.
The trial court issued the writ of mandate on the ground that the zoning administrator acted improperly by granting Sourapas the zoning adjustment without applying the more stringent requirements for a zoning variance established in the Los Angeles Charter. The Kottlers also contended below, as they do here, that there was no substantial evidence to support the zoning administrator’s finding even under the less stringent requirements in the Los Angeles Municipal Code for a zoning adjustment.
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