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HomeMy WebLinkAbout1959-02-17ill MINUTES OF THE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, City Hall Huntington Beach, California Tuesday, February 17th, 1959 Commissioners Present: Liles, Davis,•Schryer, Presson, Stang, Sork, Bazil, Chairman. Commissioners Absent: None. Minutes: On motion by Liles and seconded by Davis, the Minutes of the Huntington Beach Planning Commission of Tuesday, February 3rd, 1959, as transcribed and mailed by the Secretary were accepted as mailed. USE VARIANCE: UV 143 To permit two single family Applicant — Donald G. Applebury dwellings to be built in an A-1 General Agricultural District under provisions of Orange County Ordinance No. 351 as adopted by Interim Ordinance No. 668. Located approximately 350 feet west of Highway 39 on the south side of Holt Street, and legally described as Lot 126, Tract 417. The Secretary read the report and recommendations. Chairman Bazil opened the hearing to the audience, there being no comment the hearing was closed. A MOTION WAS MADE BY LILES AND SECONDED BY PRESSON TO RECOMMEND APPROVAL WITHOUT CONDITIONS. ROLL CALL VOTE: AYES: Liles, Davis, Schryer, Presson, Stang, Sork, Bazil. NOES: Norte. ABSENT: None. THE MOTION CARRIED. 112 Page 7#2 Minutes - H. B. Planning Commission Tuesday, February 17th, 1959 USE VARIANCE: UV 144 To permit two single family Applicant - Stephen Arebalo dwellings to be built in an A-1 General Agricultural District under provisions of Orange County Ordinance No. 351 as adopted by Interim Ordinance No. 668. Located approximately 150 feet west of Highway 39 on the south side of Smeltzer Avenue, and legally described as lot 14, Tract 417. The Secretary read the report and recommendations. The Chairman opened the hearing to the audience, there being no comment, the hearing was closed. A MOTION WAS MADE BY SORK AND SECONDED BY STANG TO RECOMMEND APPROVAL WITHOUT CONDITIONS. ROLL CALL VOTE: AYES: Liles, Davis, Schryer, Presson, Stang, Sork, Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. CONSIDERATION AND ACTION TAKEN ON TENTATIVE TRACT MAP NO 2973 The applicant Joe Abandonato requested that various requirements for subdivision and for required improvements be waived, on the grounds that it was merely a resubdivision. The Planning Commission spent time for study of the matter, which was consideration of a request to deviate from the Subdivision Code. Chairman Bazil, at the request of the Commission Members, asked for a ruling from the City Attorney. C. A. Bauer, City Attorney,* ruled that the Subdivision Code must be complied with to 2. II3J Page 71r"3 Minutes - H. B. Planning Commission Tuesday, February 17th, 1959 • the exacting law. He then warned members of the Commission of the dangers of waiving assorted requirements • without first establishing the need, and the correspond- ing cause of hardship on the applicant. He pointed out that if the Planning Commission could conclusively resolve that following facts apply with respect to the applicant's subdivision: (a) That there are special circumstances•or condi- tions affecting said property. (b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated. Then the applicant can, by means of a petition for a Conditional Exception to the Subdivision Code, make request for waivers of requirements by asking for Planning Commission and City Council consideration under the following subdivision code provisions - Section 9761.1 PLANNING COMMISSION ACTION: (a) In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air, and the public health, safety, convenience, and general welfare. (b) In recommending the authorization of any exception under the provisions of this section,' the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith, justify- ing such exceptions, and shall specifically and fully set forth the exception recommended and the conditions designated. Section 9761.2 CITY COUNCIL ACTION: Upon receipt of such report the City Council may, by resolution, authorize the Planning Commission to approve the tentative map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this Ordinance. 3. 1�4 Page #4 Minutes - H. B.•Planning Commission Tuesday, February 17th, 1959 Until such formal action and procedure.were accomplished, the City Attorney stated that the Planning Commission could not legally approve of Tentative Tract Map No. 2973. Chairman Bazil, with the consent majority of the Commission, set the date for a special meeting to be held on Wednesday, February 25th, 1959, unless otherwise scheduled by the Secretary, the time to be determined later, and all official and interested parties to be so notified. DIVISION OF LAND: DIVISION I: N 2 of E a of Lot 3, DV 122-Applicant Block "E", Tract 436 Fred Williams Includes 48 ft. of frontage and total area of 9500 sq. ft. DIVISION II: S 2 of E a of Lot 3, Block "E", Tract 436 Includes 48 ft. of frontage and a total area of 9500 sq ft. The Chairman ruled that because this•case was similar to Tract Map No. 2973, a formal petition for a Conditional Exception would have to be'Xi.led and a hearing would be also set for a special meeting on Wednooday.February 25th, 1959. NO -ACTION WAS TAKEN AT THIS MEETING CONSIDERATION AND ACTION TO BE TAKEN ON EXCHANGE OF UTILITIES EASF11ENTS RIGHTS: Applicant - Located at the NE corner of Jake R. Stewart Wintersburg and Highway 39 and legally described as the abandoned south 150 feet of the 15 feet alley in Block "A" Tract 528. The Secretary made report of the location of the existing easement to be abandoned and the easement offered for dedication.. The City Attorney gave a history of the case and the procedure which should be followed. The Chairman asked the City Engineer for his report and recommendations regarding 4. 115 Page ##5 1 Minutes - H. B. Planning Commission Tuesday, February 17th, 1959 the proposed relocation of the easement. The City Engineer stated that from an Engineering standpoint the relocation was desirable. He elaborated further with facts and specifications. Jake R. Stewart, the applicant, addressed the Commission and stated that he had made application to the Edison Company previously and that they are willing to accept the relocation. A MOTION WAS MADE BY LILES AND SECONDED BY SORK TO RECOMMEND APPROVAL OF RELOCATION OF THE SPECIFIED EASEMENT. ROLL CALL VOTE: AYES: Liles, Davis, Schryer, Presson, Stang, Sork, Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. RECEIPT OF LETTER FROM WESTERN OIL AND GAS ASSOCIATION DATED FEBRUARY llth, 1959 The letter as transmitted was issued to members of the Commission and read by the Secretary to the Commission. A MOTION WAS MADE BY SCHRYER AND SECONDED BY STANG TO ACCEPT AND FILE THE LETTER RECEIVED FROM WESTERN OIL AND GAS ASSOCIATION DATED FEBRUARY 11, 1959. Clifford E. Tripp Secretary The Meeting Adjourned a� _ BobBazi ' Chairman 5.