Loading...
HomeMy WebLinkAbout1974-09-18MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Civic Center 2000 Main Street Basement, Room 306 Huntington Beach, California WEDNESDAY, SEPTEMBER 18, 1974, 1:15 P.M. BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHER CITY DEPARTMENTS REPRESENTED: Dave Eadie Pat Spencer Bruce Crosby None Captain A. Vanderlaan, Fire Department MINUTES: ON MOTION BY CROSBY AND SECOND BY SPENCER, MINUTES OF JULY 17, 1974 AND JULY 31, 1974 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: DIVISION OF LAND NO. 74-25 (Continued from 8-28-74) Applicant: Anthony Bartoli To permit the division of one parcel of land into four parcels, pursuant to S.9811.3 of the Huntington Beach Ordinance Code, located at the northeast corner of Ellis Avenue and Huntington Street, in an R-3, Medium High Density Residential District. The Chairman informed the Board that a Negative Declaration was posted for this application on September 17, 1974; in view thereof, he recommended a two -week continuance to allow final action by the Environmental Review Board. ON MOTION BY EADIE AND SECOND BY CROSBY, DIVISION OF LAND NO. 74-25 WAS CONTINUED TO OCTOBER 2, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 2 CONDITIONAL EXCEPTION NO. 74-48 (Continued from 9-4-74) Applicant: Wilbur W. Caldwell To permit a six (6) inch encroachment of a proposed open un- enclosed stairway into the interior side yard setback, in lieu of S.9163.4.2.3 of the Huntington Beach Ordinance Code, located on the east side of 13th Street, approximately 130 feet south of the center line of Acacia Avenue, in an R-2, Medium Density Residential District. In conjunction with: USE PERMIT NO. 74-38 (Continued from 9-4-74) Applicant: Wilbur W. Caldwell To permit the alteration of a residence having a non -conforming interior side yard, pursuant to S.9719 of the Huntington Beach Ordinance Code, located on the east side of 13th Street, approxi- mately 130 feet south of the center line of Acacia Avenue, in an R-2, Medium Density Residential District. The Chairman informed the Board that these applications are Categorical Exemptions, Class III, California Environmental Quality Act, 1970. The Chairman further informed the Board that the applicant had verbally requested withdrawal of these applications; in view thereof, he recommended a two -week continuance pending written verification of the applicant's request. ON MOTION BY EADIE AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 74-48 WAS CONTINUED TO OCTOBER 2, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE ON MOTION BY EADIE AND SECOND BY SPENCER, USE PERMIT NO. 74-38 WAS CONTINUED TO OCTOBER 2, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 3 CONDITIONAL EXCEPTION NO. 74-51 (Continued from 9-4-74) Applicant: Jack Andrus To permit a five (5) foot encroachment into the rear yard set- back 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 Chairman informed the Board that this application is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. The applicant, Mr. Jack Andrus, was present; also present were Mr. Paul Schumann, co-owner of the property, and Mr. Buck, the general contractor for the project. The Chairman informed the Board that a letter is currently on file from the applicant requesting a further one -month continuance in order to allow time for further clarification of legal aspects of the situation. However, the City Attorney's office has indi- cated that the question of the easement does not affect the ul- timate decision of the Board of Zoning Adjustments regarding the encroachment into the rear yard setback; further, that the matter of the setback is the only concern before the Board at this time, and that the conflict regarding the easement is -strictly a civil matter involving the applicant and the adjoining property owners. In view of this information, the Chairman stated the opinion that the Board could render a decision at this time. The Board members concurred with this opinion. The Chairman opened the Public Hearing. Mr. Andrew Acosta and Mr. Thomas Kardos addressed the Board and voided their opposition to the encroachment as proposed, in view of the fact that it causes an intrusion into a private easement. Mr. Buck addressed the Board, requesting that consideration be given to the fact that the situation was caused accidently, not purposely. Mr. Schumann stated that the easement would remain open and accessible to all of the adjoining property owners. The Chairman noted, for the record, that the subject property is in the Sunset Heights area and that a study is currently being conducted which indicates the possibility of a precise plan of streets being incorporated into the area. The Chairman closed the Public Hearing. ON MOTION BY EADIE AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 74-51 WAS DENIED, FOR THE FOLLOWING REASONS, WITH THE FOLLOW- ING FINDINGS, AND BY THE FOLLOWING VOTE: MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 4 CONDITIONAL EXCEPTION NO. 74-51 (continued) REASONS FOR DENIAL: 1. Allowing proposed encroachment may be detrimental to future development of property in the area, and general planning proposals. 2. Applicant failed to justify hardship in the request. FINDINGS: 1. The encroachment was self-imposed and -is not a result of hardships relating to the size, shape, topography, and land use characteristics of the subject property. 2. Access along-the'rear_portions of the property may be hindered if this encroachment were to be allowed. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE DIVISION OF LAND N0. 74-24 (Continued from 9-11-74) 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 Ordi- nance 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 (Continued from 9-11-74) Applicant: Forest'E.'Olson, Inc. To permit the expansion of -an existing commercial building, pur- suant 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. The Chairman informed the Board that these applications are no longer necessary, and therefore requested a motion for withdrawal of same. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 5 DIVISION OF LAND NO. 74-24 and ADMINISTRATIVE REVIEW NO. 74-110 (Continued) ON MOTION BY CROSBY AND SECOND BY EADIE, DIVISION OF LAND NO. 74-24 WAS WITHDRAWN, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE ON MOTION BY CROSBY AND SECOND BY EADIE, ADMINISTRATIVE REVIEW NO. 74-110 WAS WITHDRAWN, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-44 Applicant: Forest Olson Company To permit an addition to an existing real estate office having a non -conforming driveway, pursuant to S.9719 of the Huntington Beach Ordinance Code, located on the west side of Brookhurst Street, approximately 792 feet south of Garfield Avenue, in a C-2, Community Business District. The Chairman informed the Board that this application was granted Exemption Declaration No. 74-102 on July 30, 1974. Mr. Robert Coes, representing Forest Olson Company, was present and requested withdrawal of this application. ON MOTION BY EADIE AND SECOND BY CROSBY, USE PERMIT NO. 74-44 WAS WITHDRAWN, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 74-54 Applicant: Forest Olson Company To permit a driveway having a width of less than 20 feet, in lieu of S.9792.7.1 (a) (Driveway Width) of the Huntington Beach Ordinance Code, located on the west side of Brookhurst Street, approximately 792 feet south of Garfield Avenue, in a C-2, Community Business District. The Chairman informed the Board that this application was granted Exemption Declaration No. 74-102 on July 30, 1974. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 6 CONDITIONAL EXCEPTION NO. 74-54 (continued) Mr. Robert Coes, representing Forest Olson Company, was present. The Chairman opened the Public Hearing. Mr. Coes addressed the Board, presenting an overview of his plan for expansion of a currently existing building, and stating am- biguity in code regulations as justification of hardship in applying for a Conditional Exception. Discussion followed between the Board and the applicant's re- presentative regarding adequate driveway width and circulation, and justification for the request. It was the consensus of the Board that adequate justification of hardship in this request was non -existing. The Chairman closed the Public Hearing. ON MOTION BY EADIE AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 74-54 WAS DENIED FOR THE FOLLOWING REASONS, WITH THE FOLLOW- ING FINDINGS, AND BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. Alterations to the design of the improvements on the subject property could occur and Code requirements could be met if this took place. 2. Applicant failed to justify hardship in the request. FINDINGS: 1. The possibility exists to obtain additional land to the south to accommodate a regulation driveway. 2. Emergency vehicular access may be hindered if the request were approved. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE 1 MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 7 ADMINISTRATIVE REVIEW NO. 74-143 (Continued from 9-11-74) Applicant: Patscheck/Veiga Construction Company To permit the construction of a professional office building, pursuant to Section 9411.2 of the Huntington Beach Ordinance Code, located on the east side of Brookhurst Street, approxi- mately 220 feet north of Atlanta Avenue, in a C-2, Community Business District. The Chairman informed the Board that this application was granted Exemption Declaration No. 74-132 on September 17, 1974, with the following additional information: "The Environmental Review Board determined that, although the project would not have adverse effects as defined by the Calif- ornia Environmental Quality Act of 1970, the design and orien- tation of the building as shown on the plans submitted would certainly have a major impact upon the abutting R-1 properties" "Therefore, the Environmental Review Board recommends that if the developer will not agree to the elimination of the windows in the easterly wall of the proposed structure and/or moving the structure closer to Brookhurst Street, the Board of Zoning Adjustments should deny the request, based upon the incompati- bility of the use to the adjoining properties". ON MOTION BY EADIE AND SECOND BY SPENCER, EXEMPTION DECLARATION NO. 74-132 WAS ADOPTED BY THE BOARD OF ZONING ADJUSTMENTS, WITHOUT RECOMMENDATIONS, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE Mr. Ray Patscheck, co -applicant, addressed the Board and presented an overview of his plan. Board discussion centered upon land- scaping requirements, with a request being made that the appli- cant provide a tree buffer between the proposed building and the adjoining single family dwellings. Bruce Crosby stated that the Public Works Department would re- quire that the developer's engineer obtain a sepia copy of the existing street improvement plan for the location from the Public Works Department, indicate on the sepia all off -site improvements to be implemented by the developer, and submit same to the Public Works Department for a plan check. Conditions of Approval were discussed. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18,'1974 Page 8 ADMINISTRATIVE REVIEW NO. 74-143 (Continued) ON MOTION BY EADIE AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 74-143 WAS APPROVED, WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE:_ A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received 8-19-74 shall be the approved layout subject to the modifica- tions -described herein. a. Notation of the approved -plan indicating com- pliance with Article 979 must be met (Item I depicted on approved plan). A plan delineating said modifications shall be sub- mitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. 2. The following plans shall be submitted to -the Board of Zoning Adjustments: a. Landscape -and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public'Works. The plan shall utilize a tree planting scheme to buffer the rear of the proposed building from the single family dwellings. See notation #2 on approved plan. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all roof- top mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Soil and compaction reports shall be submitted by a certified soils engineer. Said report shall be sub- mitted to -the Department of Building and Community Development and shall be subject to approval by that Department. 4. Fire protection systems, including automatic sprinkler systems, fire hydrants, fire alarms, and any required fire protection devices shall comply with the speci- fications of the Uniform Fire Code. Plans for such 1 MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 9 ADMINISTRATIVE REVIEW NO. 74-143 (Continued) systems shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. GENERAL CONDITION: If provisions have been made for reciprocal ingress and egress to the adjacent property to the south, said access shall be from the existing driveway located on said property. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-145 (Continued from 9-11-74) Applicant: William S. Buck To permit the construction of a professional office building, pursuant to Section 9401 of the Huntington Beach Ordinance Code, located on the southeast corner of Main Street and Huntington Avenue, in an R-5, Office Professional District. The Chairman informed the Board -that the Exemption Declaration request for this application was tabled by the Environmental Review Board pending submittal of revised forms by the appli- cant; he further recommended a one -week continuance. ON MOTION BY EADIE AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 74-145 WAS CONTINUED TO SEPTEMBER 25, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-149, Applicant: L. D. Zehnder To permit the construction of a six (6) unit apartment building, pursuant to 5.9231.6 of the Huntington Beach Ordinance Code, located on the northwest corner of 14th Street and Walnut Avenue in an R-4, High Density Residential District. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 10 ADMINISTRATIVE REVIEW NO. 74-149 (Continued) The -Chairman informed the Board that this application was granted Exemption Declaration No. 74-140 by the Environmental Review Board on September 17, 1974. The Board discussed the recommen- dations made by the Environmental Review Board and resolved to implement said recommendations as Conditions of Approval, at the time that such approval is granted. ON MOTION BY CROSBY AND SECOND BY SPENCER, EXEMPTION DECLARATION NO. 74-140 WAS ADOPTED BY THE BOARD OF ZONING ADJUSTMENTS, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE The applicant, L. D. Zehnder, was present. The Board discussed necessary landscaping modifications, and determined that the plan otherwise conformed to all code re- quirements. Conditions of Approval were discussed. ON MOTION BY CROSBY AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 74-149 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received 8-29-74 shall be the approved layout subject to the modification described herein. a. Modification to open space requirements as indi- cated on approved plan. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. 2. In accordance with the City's Master Plan of Streets and Alleys, an additional 2h feet of alley right-of-way and a radius -of 20 feet at the intersection of 14th and Walnut shall be dedicated. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 11 ADMINISTRATIVE REVIEW NO. 74-149 (Continued) 3. Soil and compaction reports shall be submitted by a certified soils engineer. Said report shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 4. Fire protection systems, including automatic sprinkler systems, fire hydrants, fire alarms, and any required fire protection devices shall comply with the specifications of the Uniform Fire Code. Plans for such systems shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 14th and Walnut shall be improved to the.center line of such right-of-way. Said improvement shall include curbs, gutters, sidewalks, paving, street trees, street lights, street signs, street drainage, and sewer and water main extensions in full compliance with the City of Huntington Beach street standards and requirements. GENERAL: 1. If the developer proposes to provide air conditioning, the insulation in the ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air conditioning is to be provided, the insulation in ceilings and exterior walls shall be a minimum of R-13 and R-7, respectively. 2. All building spoils, such as unusable lumber, -wire, pipe, and other surplus or unusable material shall be disposed of at an off -site facility equipped to handle them. 3. Natural gas and electricity shall be stubbed in at the locations of clothes dryers, and natural gas only shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. A soils engineer and/or geologist familiar with local seismic conditions shall be engaged to indicate the g-factors due to earth movement for this location. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 12 ADMINISTRATIVE REVIEW NO. 74-149 (Continued) 5. A structural engineer shall be engaged to compile cal- culations for footings and structural members of the facility to withstand these g-factors. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 74-150 Applicant: La Cuesta To permit the construction of a model home and sales office, pursuant to S.9730.18, Miscellaneous Provisions, of the Huntington Beach Ordinance Code, located on the south side of Garfield Avenue, approximately 228 feet east of the center line of Bridgeway Lane in an R-1, Low Density Residential District. The Chairman informed the Board that this application is within the area covered by Environmental Impact Review No. 73-14, which was approved by the.Environmental Review Board on September 11, 1973. Mr. Michael B.,Jaeger and Mr. Thomas Tupman, representing the applicant, were present. Mr. Jaeger presented the Board with an overview of the plan. Board discussion followed. It was noted that parking on Garfjeid would need to be eliminated due to its being a bicycle trail. It was also noted that all signs would need to meet code require- ments. Conditions of Approval were discussed. ON MOTION BY EADIE AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW 1!0. 74-150 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLil-1-- ING VOTE: 1. Parking on Garfield Avenue shall be prohibited. 2. The plot plan received September 4, 1974 shall be the a approved layout. 3. The sign copy has been approved in concept. Applicant shall comply with all criteria for signs through the Huntington Beach Ordinance Code. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 13 CONDITIONAL EXCEPTION NO. 74-55 Applicant: ABS Development No. 2 To permit the construction of a five (5) foot high wrought iron fence to be located within the minimum front yard setback in lieu of S.9775 (Fences, Walls, and Houses - Maximum Height of 3h Feet) of the Huntington Beach Ordinance Code, located on the west side of Gothard Street, approximately 220 feet north of the center line of Edinger Avenue, in a C-4, Highway Commer- cial District. The Chairman informed the Board that this application is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. The Chairman opened the Public Hearing. There being no parties present to speak for or against Conditional Exception No.-74-55, The Chairman closed the Public Hearing. Conditions of Approval were discussed. ON MOTION BY EADIE AND SECOND BY CROSBY, CONDITIONAL.EXCEPTION NO. 74-55 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND WITH THE FOLLOWING REASONS AND FINDINGS, BY THE FOLLOWING VOTE: CONDITION: Items which may interfere with vehicular and safety vision, such as fertilizer bags, etc., shall not be placed within the front yard setback. REASON: The lot configuration and required setback pre- cludes the land use (nursery) from keeping plants secure to the rear of the property, thus hardship is justified. FINDINGS: 1. Implementation of a wrought iron fence would not pose aesthetic or safety problems on site. 2. The approval of the Conditional Exception would not be materially detrimental to the health and general welfare of properties in the vicinity. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 14 ADMINISTRATIVE REVIEW NO. 74-147 Applicant: ABS Developers To permit outside display and storage of nursery items, pur- suant to S.9432.3 of the Huntington Beach Ordinance Code, located on the west side of Gothard Street, approximately 220 feet north of the center line of Edinger Avenue, in a C-4, Highway Commercial District. The Chairman informed the Board that this application is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Conditions of Approval were discussed. ON MOTION BY EADIE AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 74-147 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: 1. The plot plan received August 26, 1974 shall be the approved layout. 2. No fertilizers or other undesirable items shall be stored in front. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-45 Applicant: Howard I. Smith To permit the construction of a neighborhood market, pursuant to S.9472 of the Huntington Beach Ordinance Code, located on the east side of Goldenwest Street, approximately 220 feet north of the center line of Warner Avenue, in a C-4, Highway Commercial District. The Chairman informed the Board that this application was granted Exemption Declaration No. 74-134 on September 10, 1974. The applicant, Howard I. Smith, was present. The Chairman opened the public hearing. Mr. Smith presented the Board with a brief overview of his pro- posal. There being no parties present to speak in favor of, or in oppo, sition to the proposal, the Chairman closed the Public Hearing. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 15 USE PERMIT NO. 74-45 (Continued) The Chairman informed the applicant that this proposal is in conflict with the land use element to the general plan in that the type of use he is proposing is provided for only at inter- sections of secondary highways, rather than primary highways such as Goldenwest Street. In view of this obstacle, the Board recommended that the applicant obtain a copy of the Land Use Element and further propose a retail business other than a mini -market. The Chairman informed the applicant that the Board could at this time deny, continue, or withdraw the appli- cation; the applicant requested withdrawal of same. ON MOTION BY SPENCER AND SECOND BY CROSBY; USE PERMIT NO. 74-45 WAS WITHDRAWN, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 74-56 Applicant: W. Lee Brown / R. J. Zinngrabe To permit the elimination of a six-foot wall dividing commer- cial property from residential property, in lieu of S.9730.25 of -the Huntington Beach Ordinance Code, located on the west side of Florida Avenue, approximately 600 feet north of Garfield Avenue, in an R-5, Office Professional District. The Chairman informed the Board that this application is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Mr. Zinngrabe, co -applicant, was present. The Chairman opened the Public Hearing. Mr. Zinngrabe discussed background information relative -to -the case and requested the Board to approve the application, as the wall would pose a negative aesthetic appearance. Mr. Spencer noted that a wall adjacent to Mr. Zinngrabe's property was being built as a Condition of Approval for a tentative tract. Board discussion followed. It was the consensus of the Board to allow Mr. Zinngrabe's request -for additional time to further - justify his request, and continue the application. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 16 CONDITIONAL EXCEPTION NO. 74-56 (Continued) ON MOTION BY EADIE AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 74-56 WAS CONTINUED TO OCTOBER 2, 1974 BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-40 - Applicant: Robert L. Taube To permit the construction of a commercial building, pursuant to S.9472 of the Huntington Beach Ordinance Code, located at, the northwest corner I of Atlanta Avenue and Newland Street, in a C-4, Highway Commercial District. The Chairman informed the Board that this application is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. The Chairman opened the Public Hearing. The applicant, Mr. Robert Taube, was present. Also present were Ms. Marguerite Shuer.and Ms. B. Workman. For the purpose of providing background information, the Chair- man informed the Board that this application had previously been granted a Use Permit, however, the permit had expired, therfore the applicant was re -applying for same. Ms. Shuer and Ms. Workman expressed concern regarding the number of feet between the building and the wall on the west side, and questioned the possibility of a higher wall in order to prevent trash and litter from being thrown into their yards. They also expressed concern over the location of the trash receptacle. The Board concurred that it would be more suitable to eliminate one parking space and to place the trash receptacle in that loca- tion, enclosed by masonry and a solid gate. The Chairman closed the Public Hearing. 1 MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 17 USE PERMIT NO. 74-40 (Continued) Bruce Crosby stated that the Public Works Department would require that the developer's engineer obtain a sepia copy of the existing street improvement plan for the location from the Public Works Department, indicate on the sepia all off - site improvements to be implemented by the developer, and submit same to the Public Works Department for a plan check. The Board discussed pole sign requirements and Conditions of Approval. ON MOTION BY CROSBY AND SECOND BY EADIE, USE PERMIT NO. 74-40 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR -TO ISSUANCE OF BUILDING'PERMITS: 1. The conceptual plot plan and elevations received July 29, 1974 shall be the approved layout, subject to the modifications described herein. a. The plot plan shall reflect plans to build a monument sign, if a detached I.D. sign is desired. b. The trash enclosure area shall be removed from the area depicted on'the approved plan to the northwest corner of the building (that area formerly used by a parking stall). We approved plan for precise location. A plan delineating said modifications shall be sub- mitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be•approved and made a per- manent part of the administrative file., . 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with ­ Article 979 of the Huntington Beach Ordinance" Code and landscaping specifications on file in the Department of Public Works. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 18 USE PERMIT NO. 74-40 (Continued) b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall de- lineate the type of material proposed to screen said equipment. 3. Soil and compaction reports shall be submitted by a certified soils engineer. Said report shall be sub- mitted to the Department of Building and Community Development and shall be subject to approval by that Department. 4. Fire protection systems, including automatic sprinkler systems, fire hydrants, fire alarms, and any required fire protection devices shall comply with the speci- fications of the Uniform Fire Code. Plans for such systems shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 74-57 Applicant: Dick Crawford To permit the construction of garages on the zero (0) foot interior side yard and rear yard property lines, in lieu of S.9163.3 and S.9163.2.1 of the Huntington Beach Ordinance Code, located on the northeast corner of Huntington and Garfield Avenues, in an R-2, Medium Density Residential District. The Chairman informed the Board that this application is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. The Chairman opened the Public Hearing. The applicant, Dick Crawford, was present. Also present was Mr. Kelly Martin. Mr. Martin requested a brief review of the plan; he was granted same. The Chairman closed the Public Hearing. 1 1 MINUTES: Huntington Beach Board of Zoning Adjustnment.9 Wednesday, September 18, 1974 Page 19 CONDITIONAL EXCEPTION NO. 74-57 (Continued) ON MOTION BY CROSBY AND SECOND BY EADIE, CONDITIONAL EXCEPTION NO. 74-57 WAS APPROVED WITH THE FOLLOWING FINDINGS: 1. The granting of a Conditional Exception will not cons- titute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 3. The granting of a Conditional Exception will not adversely affect the Master Plan of the City of -Huntington Beach. 4. The proposal is consistent with Code Amendment No. 73-9 presently before the City Council for introduction. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-46 Applicant: Rick Annigoni To permit the construction of a five (5) unit apartment complex:, pursuant to S.9162.3.1 of the Huntington Beach Ordinance Code, located on the west side of Delaware Avenue, approximately 84 feet from the center line of Frankfort Street, in an R-2, Medium Density Residential Distract. The Chairman informed the Board that this application is within the area covered by Exemption Declaration No. 74-101 granted to Zone Change No. 74-12 on July 23, 1974. The Chairman opened the Public Hearing. The applicant, Rick Annigoni, was present; also present were Mr. Russell B. Weinemer, Col. Raymond F. Hayes, and Mrs. Pearl Conklin. MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 20 USE PERMIT NO. 74-46 (Continued) Mr. Annigoni addressed the Board and presented a brief overview of his proposal. ,Mr. Weinemer, Col. Hayes, and Mrs. Conklin addressed the Board, �in turn, each expressing opposition to multiple -family dwellings -in their neighborhood. They cited parking considerations as a 'primary reason for their objection, and stated that they were speaking for other members of the neighborhood as well as for ,themselves. In response to the above objections, the Chairman outlined the land use element for the area, noting that it has been given an R-2 zoning, which permits apartment dwellings as well as single-family residences. The Chairman closed the Public Hearing. The Board reviewed the plot plan and noted that parking alloca- tions would need to be revised due to the fact that Garfield is a bicycle trail, therefore on -street parking is prohibited. The applicant was informed that, in order to retain the 5-unit pro- posal, he would need to allocate two additional parking spaces. It was further noted that the plan would require additional revisions in order to conform to other code requirements. The Chairman recommended a continuance in order to allow the appli- cant time to meet with the Planning staff regarding necessary revisions on the plan, and submittal of revised plans. The applicant requested a one -week continuance; the Board concurred. ON MOTION BY EADIE AND SECOND BY CROSBY, USE PERMIT NO. 74-46 WAS CONTINUED TO SEPTEMBER 25, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-47 Applicant: Bruce S. Beaton To permit a room addition to a building having non -conforming minimum separations between other buildings on -the same lot, pursuant to S.9719 (Alteration of Building Having Non -Conforming Yard) of the Huntington Beach Ordinance Code, located on the south side of Indianapolis Street, approximately 115 feet west of the center line of Florida Street. 1 MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 21 USE PERMIT NO. 74-47 (Continued) The Chairman informed the Board that this application is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. The applicant, Bruce S. Beaton, addressed the Board and pre- sented a brief overview of his proposal, stating that he wished to add a bedroom to his residence and enlarge the family room. The Board discussed the request and determined that the additions would not be detrimental to the neighboring dwellings. ON MOTION BY CROSBY AND SECOND BY EADIE, USE PERMIT NO. 74-47 WAS APPROVED BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 74-48 Applicant: Warren C. Pitt To permit the construction of a carport,'in lieu of a garage, pursuant to S.9106 of the Huntington Beach Ordinance Code, located on the northwest corner of Bushard Street and Greenwich Drive, in an R-1, Low Density Residential District. The Chairman informed the Board that this application is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. The Chairman further informed the Board that the applicant had requested a one -week continuance in order to allow time for necessary plot plan revisions; the Board concurred. ON MOTION BY EADIE AND SECOND BY CROSBY, USE PERMIT NO. 74-48 WAS CONTINUED TO SEPTEMBER 25, 1974, BY THE FOLLOWING VOTE: AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page _22 MISCELLANEOUS ITEMS: ADMINISTRATIVE REVIEW NO. 74-153 Applicant: Curry and Son Contractors, Inc. To permit the construction of a lath house, pursuant to 5.9430 of the Huntington Beach Ordinance Code, located on the west side of Brookhurst, approximately 600 feet south of Garfield Avenue, in a C-2, Community Business District. The Chairman informed the Board that this application is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. The applicant, Mr. Curry, was present. The Board reviewed the application and discussed setback re- quirements. ON MOTION BY EADIE AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 74-153 WAS APPROVED WITH THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: Applicant shall comply with all setback requirements of the Huntington Beach Ordinance Code. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE SIGNS: Applicant: Beach Motors Location: 17331 Beach Boulevard, Huntington Beach, California Request: 25' Pole Sign The Board reviewed the proposed sign and discussed ordinance code requirements relating to signs. ON MOTION BY EADIE AND SECOND BY CROSBY, A 25' POLE SIGN FOR BEACH MOTORS WAS APPROVED WITH THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: iL 1 J MINUTES: Huntington Beach Board of Zoning Adjustments Wednesday, September 18, 1974 Page 23 BEACH MOTORS 25' POLE SIGN (Continued) CONDITION: Any relocation of existing sign shall conform to current Ordinance Code requirements, in- cluding 25' maximum height limit. AYES: EADIE, SPENCER, CROSBY NOES: NONE ABSENT: NONE THERE BEING NO FURTHER„BUSINESS, THE MEETING WAS ADJOURNED. Dave/gadie, Sdcretary an&--C Boa of Zoning Adjustments