Zakessian

This appeal concerns the offstreet parking requirements of appellant City of Sausalito’s zoning ordinance numbered 630. Its subject is a “variance” from the strict application of that ordinance granted with respect to certain property (hereafter the “property”) of appellants and real parties in interest Edgewater Yacht Sales, Inc. and Frank Pasquinucci, whom for convenience we shall hereafter describe as the “owners.” The issue is whether the city council’s finding that but for the variance, the owners would incur “unnecessary hardship” is supported by substantial evidence.

Ordinance 630, enacted in 1963, provides with exceptions here irrelevant, that in all of the city’s districts whenever any main building or structure is erected or put to a different use, “off-street parking spaces for automobiles” shall be furnished according to certain formulae. Such off-street parking spaces and the building or structure need not be on one parcel or under one ownership, but if not a recorded “covenant" that the parking space “will be subservient to the title to the premises” so long as the building or structure is maintained is required.

The property consists of a lot, irregular…