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HomeMy WebLinkAbout1974-08-21MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS CIVIC CENTER Room 306, Basement 2000 Main Street Huntington Beach, CA WEDNESDAY, AUGUST 21, 1974 - 1:15 P.M. BOARD MEMBERS PRESENT: John Cope Chuck Gerarden Jerry Ellstrom OTHER CITY DEPARTMENT MEMBERS REPRESENTED: R. Hosmer ) Fire Department D. Moore ) The meeting was called to order by John Cope, who called for a nomination and second for a Chairman Pro Tem, due to the absence of the Chairman and Vice Chairman. ON MOTION BY COPE AND SECOND BY ELLSTROM, CHUCK GERARDEN WAS APPOINTED CHAIRMAN PRO TEM FOR THE MEETING BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE MINUTES FOR APPROVAL: None REGULAR AGENDA ITEMS: DIVISION OF LAND NO. 74-24 Applicant: Forest E. Olson, Inc. To permit the consolidation of two legal parcels of land into one parcel pursuant to S. 9811.3 of the Huntington Beach Ordinance Code located on the west side of Brookhurst Street approximately 742 feet south of Garfield Avenue in a C-2 community business district. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 74-110 Applicant: Forest E. Olson, Inc. To permit the expansion of an existing commercial building, pursuant to S. 9430.1 of the Huntington Beach Ordinance Code located on the west side of Brookhurst Street approximately 742 feet south of Garfield Avenue in a C-2 community business district. Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 2 The applicant was not present. John Cope informed the Board that the applicant had requested a one -week further continuance. The Board concurred with the appli- cant's request. ON MOTION BY COPE AND SECOND BY ELLSTROM, DIVISION OF LAND NO. 74-24 WAS CONTINUED TO AUGUST 28, 1974 BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE ON MOTION BY COPE AND SECOND BY ELLSTROM, ADMINISTRATIVE REVIEW.. NO. 74-110 WAS CONTINUED TO AUGUST 28, 1974 BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE DIVISION OF LAND NO. 74-26 Applicant: James D. Montgomery To permit the consolidation of three (3) parcels of land into two (2) parcels of land pursuant to S. 9811.3 of the Huntington Beach Ordinance Code located on the southeast corner of Warner Avenue and Sims Street in an R3, medium high density residential district. The applicant, Mr. James Montgomery, was present. John Cope informed the Board that this application was granted Exemption Declaration No. 74-105 on August 6, 1974 by the Environmental Review Board. The Board discussed the problem areas involved in this application in terms of the legality of consolidating the subject parcels. It was noted that the City Attorney's office has been unable to render a legal opinion on this subject due to shortage of staff. The applicant stated that he did not wish to expend any more time on the issue and requested a definitive decision of some kind, however it was the consensus of the Board that they could not reach a decision without prior legal guidance, in view of the fact that previous legal opinions have stated that a Division of Land is not the proper method for consolidating parcels,of land under different ownerships. Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 3 Applicant stated that all easements were negated when the U. S. Government took possession of the land; Title Company states that the easements were then voided due to the fact that a party cannot grant an easement to himself, and that when the government sold the land, it was without easements. Ellstrom questioned whether or not it was necessary for the government to have gone through the legal procedure of vacating all the easements prior to selling the land, and requested that this issue be addressed in the City Attorney's opinion. Following further discussion the applicant concurred with a decision to continue this application for one week, at which time the Board will review it for decision only. ON MOTION BY COPE AND SECOND BY ELLSTROM, DIVISION OF LAND NO. 74-26 WAS CONTINUED TO AUGUST 28, 1974 FOR DECISION ONLY, BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 74-51 Applicant: Jack Andrus To permit a five (5) foot encroachment into the rear yard setback in lieu of S. 9163.3 of the Huntington Beach Ordinance Code located on the north side of Pearce Street, approximately 103 feet west of Green Street, in an R-2, medium density residential district. The applicant, Mr. Jack Andrus, was present; also present were Mr. Paul -Schumann, co-owner of the property, and Mr. Kenneth Morris, representing California Land Title Company, and the general contractor for the project. John Cope informed the Board that this application is.a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. John Cope reviewed the background of this application for the Board's benefit: due to a five foot dedication in the front yard setback, a five foot movement of the building to the rear of the lot was necessitated, causing a reduction in the rear setback from 10 feet to 5 feet. The general contractor explained the events leading up to this situation and accepted responsibility for the error in placing stakes which directly caused the situation. When questioned by Mr. Cope as to why the situation was not further investigated at the time the error was discovered, the builder responded that he felt that there would be no problem in receiving an approval for a five foot encroachment. Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 4 The Chairman opened the public hearing. Mrs. Leona McConnell, Mr. A. Stoddart, Mr. Andrew Costa, and Mr. Thomas Kardos addressed the Board and voiced their opposition to the encroachment as proposed, in view of the fact that it causes an intrusion into a private easement. Mr. Costa presented the Board with copies of a letter which he directed to Mr. Andrus on December 19, 1973 informing him of the intrusion. Mr. Kardos presented the Board with photographs of a community well located on the private easement. The Chairman closed the public hearing. It was the consensus of the Board that a City Attorney's opinion should be obtained in order to determine whether the City can legally render a decision as to an encroachment on a private ease- ment. The Board concurred in recommending a two -week continuance, for decision only, pending the City Attorney's determination. ON MOTION BY GERARDEN AND SECOND BY ELLSTROM, CONDITIONAL EXCEPTION NO. 74-51 WAS CONTINUED TO SEPTEMBER 4, 1974, FOR DECISION ONLY, BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 74-49 Applicant: Thomas A. Blake To permit a two foot encroachment into the minimum interior side yard setback for the purpose of constructing a carport in lieu of S. 9203.2.1 of the Huntington Beach Ordinance Code located on the east side of Sims Street, approximately 250 feet south of Warner Avenue in an R-3, medium high density residential district. Applicant, Mr. Thomas A. Blake, was present. John Cope informed the Board that this application is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. The applicant addressed the Board and stated his reasons for requesting the exception. The Chairman opened the meeting to the public. Mr. James Montgomery addressed the Board on behalf of the applicant. The Chairman closed the public hearing. Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 5 The Board discussed the application and found that the applicant and the builder failed to follow approved plans in the construction of the property and that the applicant failed to call for required inspections during the course of construction. ON MOTION BY GERARDEN AND SECOND BY COPE, CONDITIONAL EXCEPTION NO. 74-49 WAS DISAPPROVED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: 1. The applicant has failed to demonstrate a sufficient justifi- cation for hardship. 2. Approval of a Conditional Exception would constitute a grant- ing of a special privilege. AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE USE PERMIT,NO. 74-40 Applicant: Robert L. Taube To permit the construction of a commercial building pursuant tc S. 9472 of the Huntington Beach Ordinance Code located on the northwest corner of Atlanta Avenue and Newland Street in a C-4, Highway Commercial District. The applicant, Mr. Robert L. Taube, was present, as well as.Mr. Mervil W. Beck, owner of the subject property. John Cope informed the Board that an Exemption Declaration applica- tion on this application has not been filed, and therefore recommended an indefinite continuation. The applicant was asked to request information from the Environmental Resources staff regarding the procedures and requirements for the Exemption Declaration. ON MOTION BY COPE AND SECOND BY ELLSTROM, USE PERMIT NO. 74-40 WAS CONTINUED INDEFINITELY. AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE USE PERMIT NO. 74-39 Applicant: Leonard O - Lindborg To permit the construction of two five unit apartment buildings pursuant to S. 9202.3.1.3 of the Huntington Beach Ordinance Code located on the north side of Holt Street, approximately 180 feet west of Beach Boulevard in an R-3, medium high density residential district. Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 6 Mr. Rex Hoover, representing the applicant, was present. John Cope informed the Board that the Exemption Declaration (No. 74-115) for this application was posted on August 8, 1974 without a Negative Declaration and was continued by the Environ- mental Review Board on August 21, 1974 pending applicant's submittal of additional information. A two -week continuance by this Board was therefore recommended. ON MOTION BY COPE AND SECOND BY GERARDEN, USE PERMIT NO. 74-39 WAS CONTINUED TO SEPTEMBER 4, 1974 BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-134 Applicant: Leonard 0. Lindborg To permit the construction of an office building pursuant to S. 9452 of the Huntington Beach Ordinance Code located on the north side of Pacific Coast Highway approximately 87 feet east of the center line of 12th Street in a C-3, general business district. Mr. Rex Hoover, representing the applicant, was present. John Cope informed the Board that the Exemption Declaration (No. 74-121) for this application was posted on August'13, 1974 and will be reviewed by the Environmental Review Board on August 27, 1974 for final determination. A one -week continuance by this Board was therefore recommended. ON MOTION BY COPE AND SECOND BY ELLSTROM, ADMINISTRATIVE REVIEW NO. 74-134 WAS CONTINUED TO AUGUST 28, 1974, BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE PLOT PLAN AMENDMENT NO. 74-6 Applicant: Jango Nishimine To permit an existing patio to be enclosed into a study room pursuant to S. 9811.4 of the Huntington Beach Ordinance Code located on the west side of Sandcastle Lane, approximately 240 feet south of Goldenwest Street in an R-1-0 single family residential district, combined with oil production. 1 Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 7 The applicant, Mr. Jango Nishimine, was present. John Cope informed the Board that this application is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. Mr. Nishimine addressed the Board and explained his proposal. Board discussed the proposal and the fact that the building coverage on this tract was already at the maximum amount allowable. ON MOTION BY COPE AND SECOND BY ELLSTROM, PLOT PLAN AMENDMENT NO. 74-6 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: 1. The proposed enclosure of the patio area would constitute an addition to the amount of building coverage. The subject property is a planned residential development already at the maximum allowable building coverage. 2. The proposed enclosure would also Article 931 in providing private planned residential areas. AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE circumvent the intent of patio space for units in USE PERMIT NO. 74-33 (cont. from 8/7/74) Applicant: Mr. & Mrs. L. Carl Wieland To permit the construction of a six unit apartment building by partially converting an existing residence with a non -conforming yard area pursuant to S. 9320 of the Huntington Beach Ordinance Code (Alterations to buildings having non -conforming yards) located on the south side of Pearce -Street, approximately 443 feet east of Bolsa Chica Street in an R-2, medium density residen- tial district. The applicants, Mr. and Mrs. L. Carl Wieland, were not present. John Cope informed the Board that this application was granted Exemption Declaration No. 74-109 on July 30, 1974. He further informed the Board that the applicant had recently submitted revised plans, and recommends a continuance, with the concurrence on the applicant, in order to allow staff sufficient time to review same. ON MOTION,BY COPE AND SECOND BY ELLSTROM, USE PERMIT NO. 74-33 WAS CONTINUED TO AUGUST 28, 1974, BY THE FOLLOWING VOTE: Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 8 AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-135 Applicant: C. J. Breuer To permit the construction of a restaurant pursuant to S. 9430 of the Huntington Beach Ordinance Code located on the northeast corner of Warner Avenue and Bolsa Chica Street in a C-2, community business district. Applicant was not present. John Cope informed the Board that the Exemption Declaration for this application (NO. 74-122) was posted on August 13, 1974 and will be reviewed by the Environmental Review Board on August 27, 1974 for final determination. He further recommended a one -week continuance pending finalization of Exemption Declaration status as well as submittal of revised plans by the applicant. ON MOTION BY COPE AND SECOND BY ELLSTROM, ADMINISTRATIVE REVIEW NO. 74-135 WAS CONTINUED TO AUGUST 28, 1974, BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-139 Applicant: Byron M. Tarnutzer To permit the construction of an industrial complex pursuant to S. 9511 of the Huntington Beach Ordinance Code located on the south side of Hamilton Avenue, approximately 840 feet east of the center line of Newland Street, in an Ml-A-O restricted manufacturing oil district. Applicant was not present. John Cope informed the Board that the Exemption Declaration (No. 74-127) for this application was posted on August 20, 1974 and will be reviewed by the Environmental Review Board on September 3, 1974 for final determination. He therefore recommended a two -week continuance pending finalization of Exemption Declaration status. ON MOTION BY COPE AND SECOND BY ELLSTROM, ADMINISTRATIVE REVIEW NO. 74-139 WAS CONTINUED TO SEPTEMBER 4, 1974, BY THE FOLLOWING VOTE: 1 Minutes: H. B. Board of Zoning Adjustments Wednesday, August 21, 1974 Page 9 AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE MISCELLANEOUS ADMINISTRATIVE REVIEW NO. 74- 32 Applicant: David Edwards This application was previously approved by the Board on April 10, 1974 with the condition that the elevations be submitted to the Board for approval. The elevations were received August 21, 1974 and reviewed by the Board. ON MOTION BY GERARDEN AND SECOND BY ELLSTROM, ELEVATIONS FOR ADMINISTRATIVE REVIEW NO. 74- 32 WERE APPROVED BY THE FOLLOWING VOTE: AYES: COPE, GERARDEN, ELLSTROM NOES: NONE ABSENT: NONE There being no further business the meeting adjourned. J n Cope A ing Secretary