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HomeMy WebLinkAbout1971-03-24MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS MARCH 24. 1971 BOARD MEMBERS: Administrative Annex 523 Main Street Huntington Beach, California McFarland, Spencer, Palin ADMINISTRATIVE REVIEW NO. 71-13 Continued Applicant: La Cuesta 6000 West Coast Highway Newport Beach, California To permit the construction of an office building in the R1 Single Family Residence District. (R5 zoning pending) The subject property is located on the northwest corner of Brookhurst Street and Atlanta Avenue. The Chairman read the request. Mike Jager, representing the appli- cant, addressed the Board and answered various questions. Discussion was held pertaining to setbacks, materials, landscaping, fencing, parking and traffic flow. The following requirements of the Huntington Beach Ordinance Code were discussed: I. Atlanta Avenue and Brookhurst Street shall be dedicated and fully improved to city standards at the time said parcel is developed. Improvements shall include street trees, street signs, street lights, fire hydrants, sewer, and water main extensions. II. Water supply shall be through the City of Huntington Beach's water system. III: Sewage disposal shall be through the City of Huntington Beach's sewage system. IV. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. V. The property shall participate in the local drainage assess- ment district. VI. All utilities shall be installed underground. VI1. Off-street parking facilities shall conform to Article 979. Suggested conditions of approval were discussed with the applicant. A MOTION WAS MADE BY PALIN AND SECONDED BY SPENCER TO APPROVE ADMINISTRATIVE REVIEW NO. 71-13 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The plot plan received March 24, 1971, as amended shall be the approved layout. 2. Soil reports as required by the Building Department and the Department of Public Works shall be submitted to the City prior to issuance of building permits. 3. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 2 WEDNESDAY, MARCH 24, 1971 4. Parking compounds shall be screened with a combination of fencing and landscaping. Said plan shall be approved by the Planning Department. 5. A masonry wall shall be constructed along the west and north property lines. The height of said wall shall be such that the top will be six (6) feet above the highest ground surface within twenty (20) feet of the common property line. Except within the front 15 ft. of abutting RI lots in which case the height of said wall shall be reduced to 42 inches. 6. There shall be no fence, structure or landscaping constructed or maintained over 3 1/2 feet high within a 10 ft,. by 10 ft. triangular area at the intersection of driveways and streets or within a 25 ft. by 25 ft. triangular area at the intersec- tion of streets. 7. No structures, other than those shown on the approved plot plan, shall be constructed within the project. 8. All applicable City Ordinances shall be complied with. 9. A revised plot plan shall be submitted to the Board of Zoning Adjustments prior to issuance of building permits. The tree on the north property line shall be shown on said plan. 10. All applicable conditions of Tentative Tract No. 7019 shall be complied with. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-7 - Continued Applicant: Henry and Louise Leftige 4820 Elizabeth Street Baldwin Park. California To permit 583 sq. ft. of open space with a 15.5 ft. dimension within the rear 2/3 of 27' X 122.5' R2 lot in lieu of the required 900 sq. ft. of open space and minimum dimension of 20 ft. The subject property is located at the northeast corner of Delaware Street and Knoxville Avenue. The applicant was not pre - sent. The Acting Secretary advised that he has not been able to contact the applicant, therefore, the Staff requests a continuance as the applicant has not submitted additional information as requested. There being no further com- ment, the hearing was closed. A MOTION WAS MADE BY PALIN AND SECONDED BY MCFARLAND TO CONTINUE CONDITIONAL EXCEPTION NO. 71-7 TO THE MARCH 31, 1971, MEETING, WITH THE UNDERSTANDING THAT THIS WOULD BE THE LAST CONTINUANCE. -2- 3/24/71 BZA MINUTES: 11. B. BOARD OF ZONING ADJUSTMENTS PAGE 3 WEDNliSDAY, MARCII 24, 1971 ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-6.- Continued Applicant: Federal Signs To permit the placement of a third free standing pole sign within the So ft. front yard setback. The subject property is located at the southeast corner of Edinger Avenue and Sher Lane in the C2 Community Business District. The Chairman read the request and opened the hearing to the audience. The Acting Secretary advised that Dial Finance, proposed tenant, had telephoned and requested a withdrawal of the application; however, Mr. Sher, property owner, had also telephoned and requested a one week continu- ance of this application. There being no further comment, the hearing was closed. Board discussion was held. A MOTION WAS MADE BY PALIN AND SECONDED BY SPENCER TO CONTINUE CONDITIONAL EXCEPTION NO. 71-6 TO THE MARCH 31, 1971, MEETING WITH THE UNDERSTANDING THAT THIS SHALL BE THE LAST CONTINUANCE. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED. USE PERMIT NO. 71-11 - Continued Applicant: Stanley Fann To permit the construction of the following: 1) a 350 seat theatre, 2) approximately 8200 sq. ft. of additional retail shop area, and 3) an 800 sq. ft. take-out restaurant. In Conjunction With CONDITIONAL EXCEPTION NO. 71-10 - Continued Applicant: Stanley Fann To permit: 1) a portion (83 spaces) of the required 116 parking spaces for a 350 seat theatre to be the parking spaces which are presently assigned or required for the existing and proposed retail shops, 2) a portion of the 8200 sq. ft. retail structure to be constructed within 16 ft. of the front property line in lieu of the maximum building encroachment of 25 ft. from the front property line. The subject property is located within an existing shopping center at the northwest corner of Warner Avenue and Springdale Street in the C4 Highway Commercial District. -3- 3/24/71 BZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 4 WEDNESDAY, MARCH 24, 1971 The Chairman read the request and opened the hearing to the audience. Stan Fann, applicant, addressed the Board and answered various questions. reviewed by the Board. The revised plot plans were The Acting Secretary stated that he felt the Planning Commission should review this application because of the overlap of parking spaces and approval of this re- quest would set a precedent, in his opinion. The applicant stated that the merchants involved feel there would be sufficient parking to accomodate their businesses - Mr. McFarland stated that he felt that if this request was to be referred to the Planning Com- mission, that the applicant should have been notified prior to this time, that the Board has continued the request previously, and meetings have been held with the applicant. Discussion was held pertaining to driveway location. Mr. Fann stated his justifi- cation for requesting a 16 ft. frontyard setback in lieu of the required 25 ft. is that the design of the center would be enhanced by this 16 ft. setback, that the architect did not allow for the 25 ft. setback in his original concept, and if the structure was built behind the 25 ft. setback it would not be readily seen. Mr. Fann further stated that he feels the 16 ft. setback would create much more interest in the design. Discussion was held. The applicant suggested extending the building 5 ft. to the rear and having no encroachment in the front. There being no further com- ment, the hearing was closed. Board discussion was held. The Acting Secretary advised that he was informed about one week ago that various community groups would be using the theatre for meetings, and that he feels this would further increase the amount of parking needed. Also, that if any overlap is allowed such over- lap should be between a theater and office -professional uses as these uses have different hours of operations. A MOTION WAS MADE BY MCFARLAND AND SECONDED BY SPENCER TO APPROVE USE PERMIT NO. 71-11 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Development shall conform to plot plan approved on March 24, 1971. 2. A landscape plan shall be approved by the Department of Public Works. 3. A precise plan for driveway location along Warner Avenue shall be submitted to the Department of Public Works and the Planning Department. 4. The applicant shall comply with all conditions of approval for Use Permit No. 68-15., -4- 3/24/71 BZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 5 WEDNESDAY, MA1�Cfl 24, 1971 5. Elevations shall be reviewed by the Board of 'Zoning Adjust- ments prior to issuance of building permits. 6. Signing for the parcel shall be submitted to the Board of Zoning Adjustments for approval and should be in con- tinuity with the existing structures. ROLL CALL VOTE: AYES: McFarland, Spencer NOES. Palin ABSENT: None THE MOTION CARRIED A MOTION WAS MADE BY MCFARLAND AND SECONDED BY SPENCER TO DENY PORTION #2;FOR A 16 ft. FRONT YARD SETBACK OF CONDITIONAL EXCEPTION NO. 71-10, AND APPROVE PORTION #1 FOR THE OVERLAP IN PARKING SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. Development shall conform to plot plan approved on March 24, 1971. 2. A landscape plan shall be approved by the Department of Public Works. 3. A precise plan for driveway location along Warner Avenue shall be submitted to the Department of Public Works and the Planning Department. 4. The applicant shall comply with all conditions of approval for Use Permit No. 68-15. 5. Elevations shall be reviewed by the Board of Zoning Adjust- ments prior to issuance of building permits. 6. Signing for the parcel shall be submitted to the Board of Zoning Adjustments for approval and should be in con- tinuity with the existing structures. FOR THE REASONS: 1. The proposed overlap of parking stalls is compatible with the shops. 2. The stalls in question seem to be used by the satellite stores. ROLL CALL VOTE: AYES: McFarland, Spencer NOES: Palin ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-16 Applicant: Helen F. Whittaker To permit 544 sq. ft. sun decks to satisfy the minimum 600 sq. ft. open space required for a six unit apartment development in the R3 Limited Multiple Family Residence District. The subject property is located on the south side of Ilth Street, 50 ft. south of Pecan Avenue. The Chairman read the request and opened the hearing to the audience. The applicant was not present. -5- 3/24/71 BZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 6 WEDNESDAY, MARCH 24, 1971. Berta Tovatt, addressed the Board and advised that she was opposed to the request as she feels the six units which would overcrowd the lot, would bring in lower class tenants and that there would be insufficient parking. Mr. McFarland advised that six units is allowed by code and that the request is for utiliza- tion of the balconies for open space. Warren Matson addressed the Board and opposed the request stating he objected to the reduction in open space. Mr. Matson lives adjacent to the subject property. the hearing was closed. There being no further comment, The Board discussion followed. It was felt that although the applicant was not present, nearby property owners had stated their objections to the Board and suffi- cient information was available to allow the Board to take action on the request. A MOTION WAS MADE BY PALIN AND SECONDED BY SPENCER TO DENY CONDITIONAL EXCEPTION NO. 71-16 FOR THE FOLLOWING REASONS: 1. The applicant has failed to show sufficient hardship. 2. The request relies totally on balconies with no ground floor area for open space. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-18 Applicant: Berthold Starr and Marie Anna Starr To permit a 10 ft. x 10 ft. kiosk to be used as part of a sign in lieu of a pole sign and a chain link fence with landscaping in lieu of the required 6 ft. high decorative masonry wall. In Conjunction With ADMINISTRATIVE REVIEW NO. 71-14 Applicant: Berthold Starr and Marie Anna Starr To permit a garden shop for the retail sales of pots, garden supplies and accessories in the C2 Community Business District. The subject property is located on the west side of Brookhurst Street, approximately 600 ft. south of Garfield Avenue. The Chairman read the re- quest and opened the hearing to the audience. Mr. Starr addressed the Board and answered various questions. Elevations of the proposed structures were reviewed by the Board. __ Mr. Carl Olson,_repre- sentative of the adjacent property owner to the south, addressed -6- 3/24/71 BZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 7 WEDNESDAY, MARCH 24, 1971 the Board and advised that he was in objection to the proposed kiosk structure. He stated that he would like to confer with his corporation's planner on said structure. He also stated that he does not want the view of the south bound vehicular traffic on Brookhurst to be blocked and that the kiosk would be a distraction from his signing Discussion was held regarding the median break location for the existing and proposed commercial development on the west side of Brookhurst Street. There being no further comment, the hearing was closed. Board discussion was held. It was felt that the property owners should meet and try to come to an agreement so that both parties would be satis- fied. The applicant was in agreement for a continuance on these two items. A MOTION WAS MADE BY MCFARLAND AND SECONDED BY PALIN TO CONTINUE CONDITIONAL EXCEPTION 71-18 AND ADMINISTRATIVE REVIEW NO. 71-14 TO THE MARCH 31, 1971, MEETING. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION WAS CARRIED. CONDITIONAL EXCEPTION NO. 71-19 Applicant: Sears, Roebuck and Co. To permit a temporary 22 ft. X 10 ft. trailer to be used for storage during remodeling of existing building within a commercial shopping center. The subject property is located on the southwest corner of Edinger Avenue and Springdale Street. The Chairman read the request and opened the hearing to the audience. Mr. Riese, representing the appli- cant, addressed the Board and stated that the building was originally constructed without sufficient storage area; there- fore remodeling is necessary, and use of the trailer would be only for the duration of the remodeling. There being no further comment, the hearing was closed. Board discussion followed. A MOTION WAS MADE BY MCFARLAND AND SECONDED BY PALIN TO APPROVE CONDITIONAL EXCEPTION NO. 71-19 SUBJECT TO THE FOLLOWING CONDITION: 1. The trailer shall be removed upon final inspection of re- modeling. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED: -7- 3/24/71 BZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 8 WEDNESDAY, MARCH 24, 1971 CONDITIONAL EXCEPTION NO. 71-17 Applicant: Harry A. Kassebaum To permit the reloca- tion of a duplex building allowing an interior side yard of 3 ft. in lieu of the required 5 ft. setback and an exterior side yard of 8 ft. in lieu of the required 10 ft. setback. The subject property is located on the southeast corner of Indianapolis Avenue and Huntington Street. Mr. Kassebaum, applicant, addressed the Board and answered various questions. The Acting Secretary advised that a letter of opposition had been received from an adjoining property owner. He felt that the duplex would be too close to the property line and runoff would undermine his fence on the side property line. The applicant stated that they would be constructing below grade; therefore, runoff would not be a problem. The Acting Secretary also advised that runoff would not be a problem if construction meets the building code. The applicant also advised that there are no windows on the side of the structure that en- croaches into the sideyard setback. There being no further com-, ment, the hearing was closed. Discussion was held by the Board. A MOTION WAS MADE BY MCFARLAND AND SECONDED BY PALIN TO APPROVE CONDITIONAL EXCEPTION NO. 71-17 FOR THE FOLLOWING REASONS: 1. The applicant is only asking for a 3 ft. setback in lieu of a 4 ft. 4 in. required side yard setback. 2. The unit would provide a blank wall on said 3 ft. setback with no eave overhang. 3. The property is subject to a required 10 ft. dedication for street R/W which reduces the usable width to 44 ft. and causes a hardship on the parcel. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION WAS CARRIED. USE PERMIT NO. 71-12 Applicant: Paul 0. Butcher To permit an addition to an existing veterinary hospital. The subject property is lo- cated at the south side of Utica Street, 180 ft. west of Beach Boulevard, in the C4 Highway Commercial District. The Chairman read the re- quest and opened the hearing to the audience. -8- 3/24/71 BZA MINUTES: K. B'. BOARD OF ZONING ADJUSTMENTS PAGE 9 WEDNESDAY, MARCH 24, 1971 Dr. Butcher, applicant, addressed the Board and answered various questions. Discussion was held pertaining to landscaping, parking, and the type of operation that is proposed. The applicant stated that this facility would be a hospital and clinic operation and that the animals may stay more than just overnight as needed for their recovery. The rooms, however, are fully enclosed. Suggested conditions of approval and the following requirements of the Huntington Beach Ordinance Code were reviewed with the applicant: I. Utica Avenue shall be dedicated and fully improved to City standards at the time said parcel is developed. Improvements shall include street trees, street signs, street lights, fire hydrants, sewer and water main extensions. II. Water supply shall be through the City of Huntington Beach's water system. III. Sewage disposal shall be through the City of Huntington Beach's sewage system. IV. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. V. The property shall participate in the local drainage assessment district. VI. Off-street parking facilities shall conform to Article 979. hearing was closed. There being no further comment, the Board discussion was held. A MOTION WAS MADE BY PALIN AND SECONDED BY SPENCER TO APPROVE USE PERMIT NO. 71-12 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The plot plan received March 8, 1971, shall be the approved layout. 2. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. 3. Parking compounds shall be screened with a c-ombination of fencing and landscaping. Said plan shall be approved by the Planning Department 4. No structures, other than those shown on the approved plot plan, shall be constructed within the project. S. All applicable City Ordinances shall be complied with. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION WAS CARRIED. -9- 3/24/71 bZA MINUTES: H. B. BOARD OF ZONING ADJUSTMENTS PAGE 10 WEDNESDAY, MARCH 24, 1971 USE PERMIT NO. 70-57 - Review Applicant: McKeon Construction To permit the construc- tion of a 148 unit planned residential development on 9.64 acres of land in the R3 Limited Multiple Family Residence Dis- trict. The subject property is located 530 ft. west of the centerline of Beach Boulevard be- tween Chrysler and Terry Drives. The Acting Secretary Advised that the applicant has requested a one week continu- ance on said review of the landscape plan. A MOTION WAS MADE BY MCFARLAND AND SECONDED BY SPENCER TO CONTINUE USE PERMIT NO. 70-57 TO THE MARCH 31, 1971, MEETING. ROLL CALL VOTE: AYES: McFarland, Spencer, Palin NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-12 Applicant: L & R Corporation To permit a chain link fence on the north property line with plastic slats in lieu of the re- quired solid masonry wall as required by Use Permit No. 69-6. The subject property is located on the east side of Ward Street, north of Yorktown Avenue, in the R5 Office Professional District. Messrs. Price and Reed, re- presenting the applicant, addressed the Board and stated that they were opposed to filing a new Use Permit application for the re- vision that had taken place on subject plot plan. Discussion was held pertaining to the chain link fence, access to the property, extension of the street. It was determined that no additional application is necessary for the modification of the plot plan and that action can be taken on March 31, 1971. Discussion was held pertaining to off -site improvements. Mr. Spencer requested revised plans be submitted to Public Works. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED. James W. Palin Acting Secretary Charles P. Spencer Chairman -10- 3/24/71 BZA