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HomeMy WebLinkAbout1973-11-21MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Administrative Annex 523 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 21, 1973 - 1:15 P.M. BOARD MEMBERS PRESENT: Gerarden, Ford, Eadie BOARD MEMBERS ABSENT: None MINUTES: ON MOTION BY GERARDEN AND SECOND BY FORD MINUTES OF OCTOBER 10, 1973, OCTOBER 17, 1973, OCTOBER 24, 1973, OCTOBER 31, 1973 AND NOVEMBER 7, 1973 WERE ACCEPTED BY THE FOLLOWING VOTE: AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None AGENDA ITEMS CONTINUED OR WITHDRAWN: USE PERMIT NO. 73-78 (Cont. from 10/31/73) Applicant: Richard P. Cirillo To permit the construction of a mobile home park pursuant to 5.9242.1 of the Huntington Beach Ordinance Code located on the southwest corner of Newland Street and Ellis Avenue in an MH, Mobile Home Park District. The Acting Secretary recommended to the Board that Use Permit No. 73-78 be continued to December 26, 1973 due to Environmental Review Board requirements of the filing of an Environmental Impact Report. The applicant concurred with the continuance. ON MOTION BY EADIE AND SECOND BY GERARDEN USE PERMIT NO. 73-78 WAS CONTINUED TO 12/26/73 BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-60 (Cont. from 11/7/73) Applicant: G.M. Signs - To permit the construction of an additional pole sign to a site containing an existing pole sign in lieu of S.9764.3.1.2 (b,l) of the Huntington Beach Ordinance Code located on the east side of Beach Boulevard, approximately 150 ft. north of Terry Drive in a C-41 highway commercial district. Minutes: H.B.' Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 2 The applicant submitted a letter requesting withdrawal of his application. Board accepted letter of withdrawal. ON MOTION BY EADIE AND SECOND BY GERARDEN CONDITIONAL EXCEPTION NO. 73-60 WAS WITHDRAWN -BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: _None ADMINISTRATIVE REVIEW NO. 73-184 (Cont. from 11/14/73) Applicant: Paul Flanagan, M.D. To permit the construction of a 14 suite medical office building pursuant to S.9401 of the Huntington Beach Ordinance Code located on the west side of Delaware Avenue, approximately 300 ft. south of Main Street in an R-5, office -professional district. The Acting Secretary informed the Board that the applicant requested a,continuance to allow him time to submit revised plans. Board concurred with continuance. ON MOTION BY EADIE AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 73-184 WAS CONTINUED TO NOVEMBER 28, 1973 BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None USE PERMIT NO. 73-67 (Cont. from 11/14/73) Applicant: Nicholas M. & Linda M. Ekovich To permit an addition to an existing family dwelling with a non- conforming side yard setback, pursuant to S.9719 of the Huntington Beach Ordinance Code located on the southeast side of Geneva Street, approximately 350 ft. east of Delaware Street in an R-2, medium density residential district. The Acting Secretary informed the Board that the applicant requested a continuance to allow him time to submit revised plans. Board concurred with continuance. ON MOTION BY EADIE AND SECOND BY GERARDEN USE PERMIT NO. 73-67 WAS CONTINUED TO NOVEMBER 28, 1973 BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None �i Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 3 ADMINISTRATIVE REVIEW NO. 73-203 (Cont. from 11/14/73) Applicant: The Presley Companies To permit 4 units and part of the recreation room to be used to model homes and sales office pursuant to S.9730.18 of the Huntington Beach Ordinance Code located on the southwest corner of 17th Street and Garfield Avenue in an R-2, medium density residential district. The Acting Secretary informed the Board that the applicant requested a continuance to allow him time to submit revised plans. Board concurred with the continuance. ON MOTION BY EADIE AND SECOND BY GERARDEN ADMINISTRATIVE REVIEW NO. 73-203 WAS CONTINUED TO DECEMBER 12, 1973 BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 73-198 (Cont. from 11/14/731 Applicant: Theodore Gohr To permit the outside storage and display of automobiles and the use of temporary building for sales office pursuant to S.9432.3 and S.9730.17 of the Huntington Beach Ordinance Code located on the east side of Beach Boulevard, approximately 300 ft. north of Yorktown Avenue in the C-4, highway commercial district. In Conjunction With: USE PERMIT NO. 73-80 (Cont. from 11/14/73) Applicant: Theodore Gohr To permit the construction of a new and used auto sales and service facility pursuant to S.9472 of the Huntington Beach Ordinance Code located on the east side of Beach Boulevard, approximately 300 ft. north of Yorktown Avenue in the C-4, highway commercial district. The Applicant was not present. The Acting Secretary informed the Board that Administrative Review No. 73-198 and Use Permit No. 73-80 were continued from the week of November 14, 1973 and were exempt from the Environmental Review Board at that time. It was the concensus of the Board at their last meeting of November 14, 1973 that an Exemption Declaration was necessary in order to determine the environmental impacts, if any, that exist on the site. A letter was submitted to the applicant informing him of the above environmental status of his application. During a phone conversation with the applicant, he informed the Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 4 Acting Secretary that he wished the Board to act on his application. ON MOTION BY EADIE AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 73-198 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. Plans submitted were insufficient to review display of merchandise. 2. Use Permit No. 73-80 was denied. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None ON MOTION BY EADIE AND SECOND BY FORD USE PERMIT NO. 73-80 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. In light of insufficient information submitted, a determination cannot be made as to whether or not this proposal would be detrimental to the health and general welfare of the immediate vicinity. 2. Due to insufficient information submitted regarding the environmental concerns, it must be construed that this project may have a detrimental effect upon this property. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-61 Applicant: Blaise J. Subbiondo To permit a 15 ft. front entry garage in lieu of the required 22 ft. setback as per S.9166.5 of the Huntington Beach Ordinance Code and to permit a 2' encroachment of balconies into the front and rear yard setbacks, in lieu of S.9163.4.2.3 and S.9163.3 of the Huntington Beach Ordinance Code located on the north side of Bay View Drive, approximately 75 ft. east of Broadway in an R-2, medium density residential district. Mr. Blaise J. Subbiondo, the applicant, and Mr. Jerry Aves, Realtor, representing the applicant, were present. The Acting Secretary advised the Board that this application was exempt from Environmental Review Board requirements. The Chairman opened the public hearing. 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 5 The applicant outlined his justifications as follows; he felt that due to the small size of the lot a Conditional Exception should be granted. He also stated that his project was the only one in the street that will provide any setback at all, and as a similar project already exists, he felt that an exception should also be made in his case. The Acting Secretary pointed out that each unit of the proposed development contains approximately 2300 square feet. It was the concensus of the Board that the lot size will not accomodate the proposed building. It was also pointed out by the Board that an encroachment of balconies is prohibited by the ordinance code. As there were no parties present to speak in favor or in opposition to Conditional Exception No. 73-61, the Chairman closed the public hearing. Board discussion followed. It was the concensus of the Board that the applicant was able to meet ordinance code. ON MOTION BY GERARDEN AND SECOND BY EADIE CONDITIONAL EXCEPTION NO. 73-61 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. Applicant failed to demonstrate justifiable hardship. 2. Granting of the Conditional Exception would constitute a special privilege of properties of like zoning size.. 3. Plan can be modified to meet requirements of ordinance code without being detrimental to the development. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-62 Applicant: Richard D. Stoddard To permit a reduction of the ground clearance for a pole sign from 10 ft. required minimum to 614" in lieu of S.9736.3 (b) of the Huntington Beach Ordinance Code located on the east side of Beach Boulevard, approximately 150 ft. north of Stark Street in the C -2, community business district. Mr. Jim Gianni, project coordinator representing the applicant, was present. Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 6 The Acting Secretary informed the Board that this application was exempt from Environmental Review Board requirements. The Chairman opened the public hearing. The applicant's representative outlined his justifications as follows; he stated that the sign was already lowered down to 25 feet, that the sign will be located in a planter which will be 20 feet long and 10 feet wide, and that no one is able to come near the sign being in a planter. As there were no parties present to speak in favor or in opposition to Conditional Exception No. 73-62, the Chairman closed the public hearing. The Chairman outlined the reason for a 10 ft. clearance from the Huntington Beach Ordinance Code. He further felt that the applicant is able to meet ordinance code. The Applicant's representative asked for an extension of his application to allow him time to further pursue justifications for this application. ON MOTION BY EADIE AND SECOND BY FORD CONDITIONAL EXCEPTION NO. 73-62 WAS CONTINUED TO DECEMBER 5, 1973 BY THE FOLLOWING VOTE: AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 73-206 Applicant: Mobil Oil Corporation To permit the construction of a new service station (Gasoline Only) pursuant to S.9481.3 of the Huntington Beach Ordinance Code located on the southwest corner of Beach Boulevard and Talbert Avenue in a C-4-SS Commercial District. Mr. D. A. Robbins, Sr. Real Estate Representative, Mr. Larry Luckett, Construction Engineer, representing the applicant were present. The Acting Secretary informed the Board that the Environmental Review Board approved Exemption Declaration No. 73-80 on June 19, 1973 with no stipulations. He also advised the Board that the City Council granted Zone Change No. 73-16 on September 17, 1973 to C4-SS. The Board reviewed plans with the applicant. Mounding of landscape area, site plan, service station suffix, type of asphalt used, possible paint on asphalt, ingress and egress, masonry screening, trash enclosure, and lighting system were discussed. I Wednesday, Nov. 21, 1973 Page 7 Size and shape of proposed signs were discussed. Conditions of approval were discussed. ON MOTION BY GERARDEN AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 73-206 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS OUTLINED AND AMENDED BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received November 12, 1973 shall be the approved layout as amended thereon. 2. Talbert Avenue and Beach Boulevard shall be dedicated to City standards at the time each parcel is developed. 3. Elevations of the proposed plan received November 12, 1973 shall be the approved elevations. 4. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 5. All buildings on lots abutting a City easement shall be set back five (5) feet from the edge of such easement. 6. Soil and compaction reports as required by the Building Department and the Department of Public Works shall be submitted to the City. 7. A landscaping plan shall be submitted to the Board of Zoning Adjustments for review and approval action. a. A list including quantities and sizes for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head types, etc. 8. All signs for the Proposed Development shall be submitted to the BZA for approval. Signs shall conform to provisions of Article 948. The BZA encourages signs which reflect a common theme with respect to design materials and colors which are compatible with the architectural theme of the proposed project. B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION: 1. Rooftop mechanical equipment shall be screened from view. Said screening plan shall be approved by the Board of Zoning Adjustments. 2. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifi- cations provided by the Fire Department. Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 8 C. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Talbert Avenue and Beach Boulevard shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 2. All utilities shall be installed underground. 3. Off-street parking facilities shall conform to Article 979. 4. 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 inter- section of streets. ' D. TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 1. Water supply shall be through the City of Huntington Beach's. water supply system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system. 3. Easements for utilities or walkways shall be provided to Department of Public Works standards. 4. The property shall participate in the local drainage assessment district. 5. No structures or signs, other than those shown on the approved plot plan, shall be constructed within the project. 6. All applicable City Ordinances shall be complied with. 7. Approval of the plot plan does not include reference to signing. All signing proposals shall comply with Article 948. AYES: Gerarden, Eadie, Ford NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-63 Applicant: Heath & Company, Inc. To permit a pole sign to be located at a zero side yard setback in lieu of S.9763.3 of the Huntington Beach Ordinance Code located on the southeast corner of Producer Lane and McFadden Avenue in the M1-A restricted manufacturing district. Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 9 Mr. Briesemeister, the applicant, Mr. Jennings, Director of Marketing, Public Storage, Mr. Bill Beaver, Lusk Industrial Park, and Mr. Jack Lund of Heath & Company, representing the applicant were present. The Acting Secretary informed the Board that this application was exempt from Environmental Review Board requirements. The Chairman opened the public hearing. The Chairman outlined to the applicant and his representatives that other descrepancies were present at the proposed sign location. He pointed out that only one free standing sign is permitted for each abutting street. It was a condition of a previously approved Administrative Review that all signs must come back before the Board of Zoning Adjustments for approval. Mr. Briesemeister outlined his hardship as follows; the Lusk Company has already approved the sign, the sign does not displace any safety factor, there shall be nothing animated or flashing, the location of the free standing sign is no different if it was adjacent to the street, and that this is not an ordinary piece of property. As there were no parties present to speak in favor or in oppo- sition to Conditional Exception No. 73-63, the Chairman closed the public hearing. Board discussion followed. ON MOTION BY EADIE AND SECOND BY GERARDEN CONDITIONAL EXCEPTION NO. 73-63 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The proposal is a special privilege as it is inconsistent with established properties in the immediate vicinity. 2. Applicant failed to demonstrate justifiable hardship. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-64 Applicant: Huntington Harbor Corporation To permit a reduction of parking requirements from 4.5 to 3.3 spaces per unit in lieu of S.9310.23 of the Huntington Beach Ordinance Code located on the southwest corner of Edinger Avenue and Trinidad Lane in an R-1, low density residential district. Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 10 The applicant was not present. The Chairman opened the public hearing. As there were no parties present to speak in favor or in opposition to Conditional Exception No. 73-64, the Chairman closed the public hearing. It was the concensus of the Board to refer this application to the Planning Commission as the Tentative Tract map for this development is currently being considered by the Planning Commission. ON MOTION BY GERARDEN AND SECOND BY FORD CONDITIONAL EXCEPTION NO. 73-64 WAS REFERRED TO THE PLANNING COMMISSION TO BE HEARD AT THEIR REGULAR MEETING OF DECEMBER 18, 1973 BY THE FOLLOWING VOTE: AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None MISCELLANEOUS: ADMINISTRATIVE REVIEW NO. 73-211 Applicant: Barbara Jean Fewell To permit the display and sales of Christmas trees pursuant to S.9730.16 of the Huntington Beach Ordinance Code located on the west side of Beach Boulevard, approximately 240 feet north of Warner Avenue in a C-4, highway commercial district. Mrs. Fewell, the applicant, was present. The Board reviewed the plans with the applicant. Conditions of approval were discussed. ON MOTION BY GERARDEN AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 73-211 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS OUTLINED BY THE FOLLOWING VOTE: 1. Plot Plan received November 19, 1973 shall be the approved layout as amended thereon. 2. Applicant shall comply with $.9730.16 of the Huntington Beach Ordinance Code. 3. Applicant shall obtain all necessary electrical permits. 4. On site inspection shall be required by the Fire Department prior to opening. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None 1 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, Nov. 21, 1973 Page 11 SIGNS: 72 Sq. Ft. Area Roof Sign Applicant: Pasadena Neon Sign Company 410 S. Pasadena Ave. Pasadena, Calif. Sign Location: Marina Federal Savings 21184 Beach Boulevard Huntington Beach, Calif. The Board discussed the plans with the applicant and conditions of approval were discussed. ON MOTION BY GERARDEN AND SECOND BY EADIE ROOF SIGN WAS APPROVED WITH THE FOLLOWING CONDITIONS AND BY THE FOLLOWING VOTE: 1. Roof sign is to be the only advertised copy permitted for this use for the reason that it utilizes the maximum square footage available to this property. 2. Sign copy shown on the elevations approved by the Board of Zoning Adjustments on 11/21/73 is to be the precise copy. 3. Location of the sign is on the plot plan approved 11/21/73 by the Board of Zoning Adjustments. AYES: Gerarden, Ford, Eadie NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED. Dave Eadie Charles L. Gerarden Acting Secretary Chairman