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HomeMy WebLinkAbout1975-10-011 MINUTES HUNTINGTON BEACH BOARD OF 7.ONING ADJUSTMENTS Civic Center - 2000 Main Street Basement, Room B-8 Huntington Beach, California WEDNESDAY, OCTOBER 1, 1975 - 1:15 P.M. BOARD MEMBERS PRESENT: CITY STAFF PRESENT: James Palin Bruce Crosby Walt Lipps Andy Vanderlaan, Fire Department MINUTES: ON MOTION BY CROSBY AND SECOND BY LIPPS, MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1975, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE AGENDA ITEMS CONTINUED OR WITHDRAWN: CONDITIONAL EXCEPTION NO. 75-38 Applicant: P.W. McFerran To permit a 5-foot encroachment into the 10-foot required rear yard setback in lieu of Section 9103.3 of the Huntington Beach Ordinance Code, located on the south side of Nancy Drive approxi- mately 130 feet west of Mark Lane in an R1, Low Density Residen- tial District. A request has been received from the applicant for withdrawal of this Conditional Exception. ON MOTION BY PALIN AND SECOND BY CROSBY, THE BOARD APPROVED THE WITHDRAWAL OF CONDITIONAL EXCEPTION NO. 75-38, BY THE FOLLOWING VOTE: AYES: PALIN,rCROSBY, LIPPS NOES: NONE ABSENT: NONE ON MOTION BY LIPPS AND SECOND BY CROSBY, THE BOARD APPROVED THE REFUND OF THE FILING FEE FOR CONDITIONAL EXCEPTION NO. 75-38, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT:.'- NONE Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 2 CONDITIONAL EXCEPTION NO. 75-37 Applicant: Rodney B. Lauter To permit: 1) a reduction in turnaround from 40' required to 391; 2) a reduction in parking spaces from 26 required to 24; 3) reduc- tion of driveway width from 28' required to 23'; and 4) waiver of the 20-foot minimum dimension for recreation and leisure area, in lieu of Section 9320.9(c)(d), 9320.10, and 9320.14,respectively, of the Huntington Beach Ordinance Code, located on the west side of Delaware Street approximately 190 feet north of Yorktown Avenue, in an R2 Medium Density Residential District. In conjunction with: USE PERMIT NO. 75-49 Applicant: Rodney B. Lauter To permit the construction of a 12-unit apartment building pur- suant to Section 9162.3.1 of the Huntington Beach Ordinance Code, located on the west side of Delaware Street approximately 190 feet north of Yorktown Avenue, in an R2, Medium High Density Resi- dential District. Applicant has requested continuance in order to submit a revised plan. ON MOTION BY PALIN AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 75-37 AND USE. PERMIT NO. 75-49 WERE CONTINUED TO THE MEETING OF OCTOBER 15, 1975, AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 75-133 (In conjunction w/U.P. 75-52) Applicant: W.B. Burke To permit the construction of four industrial buildings pursuant to Section 9511 of the Huntington Beach Ordinance Code, located at the southwest corner of McFadden Avenue and"Graham Street in a 100-M1-A-20,000, Restricted Manufacturing District. USE PERMIT NO. 75-52 Applicant: W.B. Burke To permit trucking and loading facilities to face a public street pursuant to Section 9518 of the Huntington Beach Ordinance Code, located at the southwest corner of Graham Street and McFadden Avenue, in a 100-M1-A-20,000, Restricted Manufacturing District. 1 BZA 10-1-75 Page 2 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 3 W.B. Burke was present to represent the applications. The Chairman informed the Board that these two applications are covered by EIR No. 73-16, approved by the City Council on March 18, 1974. The Chairman opened the public hearing on Use Permit No. 75-52. Mr. Burke explained the plans to provide a landscaped berm in the 10-foot area between the public right-of-way and the parking for this use, stressing the desire of his firm that the placement and orientation of the buildings remain substantially the same. Alfred Mayer, owner of two buildings across the street to the east of the proposed use, addressed the Board to express his opposi- tion and the opposition of his tenants to the orientation of the buildings and the openings facing onto Graham Street. There being no other persons present to speak for or against the proposed project, the Chairman closed the public hearing. The Board reviewed the application, noting that the code does not permit the overhead doors as proposed to open on an arterial highway and that a variance would have to be filed for that por- tion of the request. Alternative layouts were discussed, includ- ing possibility of a six-foot decorative masonry wall to screen the building. Also discussed were setbacks, parking, and turning radius. ON MOTION BY CROSBY AND SECOND BY PALIN, ADMINISTRATIVE REVIEW NO. 75-133 AND USE PERMIT NO. 75-52 WERE CONTINUED TO THE REGULAR MEETING OF OCTOBER 8, 1975, WITH THE CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 75-39 Applicant: Ronald K. Kubota To permit a two -foot (2') encroachment into the required ten -foot (101) rear yard setback in lieu of Section 9103.2.2 of the Hunt- ington Beach Ordinance Code, located on the north side of Landfall Drive approximately 290 feet east of Bushard Street, in an Rl, Low Densitv Residential District. The Chairman informed the Board that this project is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. BZA 10-1-75 Page 3 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 4 Ronald K. Kubota and Ms. Genie Stinton, realtor, were present to represent the application. The Chairman opened the public hearing. Mr. Kubota addressed the Board, reviewing the history of the application and the basis for his claim of hardship. The Chairman closed the public hearing. Board discussion ensued, including circumstances surrounding the original construction of the encroaching room, the procedures followed by the Building Department in its inspections, and what legal recourse the applicant has at his disposal. It was the consensus of the Board that the hardship in this case does not fall within the standards mandated for the Board of Zoning Adjustments for approval action. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 75-39 WAS DENIED FOR THE FOLLOWING REASON BY THE FOLLOWING VOTE: REASON FOR DENIAL: Granting of this request would constitute granting of special privilege, without sufficient hardship having been shown by the applicant. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE PLOT PLAN AMENDMENT NO. 75-5 Applicant: Mansion -Hall Company To permit an amendment to an already approved plot plan for a Planned Residential Development by retention of an existing oil well and the relocation of the pad for such facility, the realign- ment of two buildings having attached structures, and the dele- tion of three units from the approved plan, pursuant to Section 9811.4 of the Huntington Beach Ordinance Code, located in Tract 7155 at the northeast corner of Goldenwest Street and Palm Avenue in an R1-0-PRD, Low Density Residential District. The Chairman informed the Board that this application is covered by EIR No. 73-3 , approved by the Planning Commission on July 17, 1973. Olin Crabtree, representing A.J. Hall Corporation, was present. BZA 10-1-75 Page 4 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 5 The Chairman opened the public hearing. Mr. Crabtree indicated that his firm will take all precautions to mitigate any adverse effects which might be expected to arise from operation of wells on this site. There being no other persons present to speak for or against the proposed plot plan amendment, the Chairman closed the public hearing. The discussion which followed included the present and proposed configuration of the oil site, landscaping treatment, hours and methods of maintenance operations, walls and screening, and the generation of noise from the facility. ON MOTION BY PALIN AND SECOND BY CROSBY, PLOT PLAN AMENDMENT NO. 75-5 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: r 1. The revised plan has reduced the total number of units orig- inally approved by three. 2. The revised plan affords more open space for the ultimate permanent development than was originally approved. 3. Sufficient conditions have been imposed for the protection of the health, safety, and welfare of the future owners and occu- pants within the area. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The plot plan amendment received September 17, 1975, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; . Lot area; Lot width and lot depth; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. Operation of maintenance equipment and operation of pulling units shall be conducted only between the hours of 9:00 a.m. and 5 p.m. on weekdays; operation of such BZA 10-1-75 Page 5 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 6 equipment shall be permitted on an emergency basis only on Saturdays and Sundays. 2. Plans for the wall design and plans for the landscaping and irrigation system for the area immediately surround- ing the facility shall be submitted to the Secretary of the Board of Zoning Adjustments for approval action prior to the issuance of a building permit for the area. 3. A maximum of 55 dBA shall be allowed immediately adjacent to the wall on the exterior portion of the facility. 4. The operators of this facility and the Homeowners' Assoc- iation of the project shall enter into adequate agree- ments for access to and maintenance of surface streets to be used by any oil equipment during the lifE! of the facility. 5. Upon termination of the oil operation at this facility, the oil site shall be conveyed in fee to the Homeowners' Association and be restored to a landscaped area that can be utilized by the Association as open space. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 75-137 Applicant: Altech Modular Systems To permit the construction of a three -unit apartment building pursuant to Section 9231.6 of the Huntington Beach Ordinance Code, located on the east side of 19th Street approximately 100 feet south of Olive Avenue in an R4, High Density Residential District. The Chairman informed the Board that this request is a Categori- cal Exemption, Class III(b), California Environmental Quality Act, 1970. Bill Slusser was present to represent the application. The Board discussed the plot plan; included in this discussion were the zero setbacks on garages, the grade differential between the property and abutting properties, development of those abutting properties both existing and approved for future construction, and conflicts presented by the location of a light pole in the alley. ON MOTION BY CROSBY AND SECOND BY LIPPS, AND WITH THE CONCURRENCE OF THE APPLICANT, ADMINISTRATIVE REVIEW NO. 75-137 WAS CONTINUED TO THE MEETING OF OCTOBER 15, 1975, TO PERMIT SUBMITTAL OF A REVISED PLAN, BY THE FOLLOWING VOTE: i L AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE A. Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 7 ADMINISTRATIVE REVIEW NO. 75-138 Applicant: Rockoff, Inc. (Dba Roberts Realty) To permit the establishment of a real estate office in an exist- ing building pursuant to Section 9471.4 of the Huntington Beach Ordinance Code, located on the northwest corner of Holt Avenue and Beach Boulevard in a C4, Highway Commercial District. Howard Rockoff was present at the meeting. The Board reviewed the plan, taking into consideration parking requirements, landscaping provided, and the roof overhang proposed to be added to the building. Board discussion centered on the amount of encroachment of this overhang and whether it could be classified as a "canopy," which may project by code five feet into the setback area, or whether the setback should be measured to the actual building wall itself. ON MOTION BY PALIN AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 75-138 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The building is currently existing. 2. The proposed treatment is intended to improve the aesthetics of the property. 3. The encroachment is nothing more than an architectural feat- ure to this existing building, with no alterations whatsoever to the front entry of the building as it currently exists. CONDITIONS OF APPROVAL: TO BE COMPLETED PRIOR 111) ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan (conceptual as far as it con- cerns curbing only) received and dated September 18, 1975, shall be the approved layout. The location of the build- ing and the encroachments shall prevail. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: . Traffic circulation and drives; • Parking layout; • Lot area; . Lot width and lot depth; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. BZA 10-1-75 Page 7 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 8 B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. A new landscaping and irrigation plan shall be submitted to the Planning Department for approval prior to the final inspection for this use. AYES: PALIN, CROSBY NOES: LIPPS ABSENT: NONE ADMINISTRATIVE REVIEW NO. 73-113 Applicant: Business Properties, Inc. To permit revision to sign in a 75,000 square foot shopping center located at the southeast corner of Magnolia Street and Adams Avenue in a C2, Community Business District. Charles Ball was present to represent the applicant. The Board reviewed the original approval for signs at this loca- tion. Mr. Ball explained that a change in the sign colors had been approved for Carl's when it went into the center, and the last tenant has agreed to use the same colors in its sign. He indicated that he did not feel this would constitute a significant deviation from existing signs on the property. ON MOTION BY PALIN AND SECOND BY CROSBY, THE SIGN REVISION FOR ADMINISTRATIVE REVIEW NO. 73-113, WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The sign plans Nos. 2456 and 2457, drawn by Long Beach Neon Advertising, Inc., and dated September 10 and September 24, respectively (and received in the Planning Department on Sep- tember 26, 1975) shall be the approved layout. 2. The applicant shall comply with all requirements of Article 976 of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY NOES: LIPPS ABSENT: NONE ADMINISTRATIVE REVIEW NO. 75-11 Applicant: Andy Lacono To permit an amended parking and landscaping plan for a previously approved commercial retail building located at the north side of Warner Avenue, approximately 110 feet west of Bolsa Chica, in a C2, Community Business District. BZA 10-1- 1975 Page 8 Minutes, H.B. Board of Zoning Adjustments October 1, 1975 Page 9 Andy Lacono was present at the meeting. Jim Palin informed the Board that its action here would be to consider only the landscaping treatment, and would not constitute condoning any increase in floor area or difference in parking ratios and access easements existing or proposed for the property. Andy Vanderlaan recommended that this request be continued until such time as the builder presents a revised plan to cover what has been constructed in the field, which can be expected to in- crease the occupant load and affect the parking ratios. The Board also found that the grant deeds contained in the request are in error. ON MOTION BY PALIN AND SECOND BY LIPPS, FURTHER REVIEW OF ADMINIS- TRATIVE REVIEW NO. 75-11 WAS TABLED UNTIL SUCH TIME AS THE PARKING RATIO (BASED ON THE FLOOR AREA AS CONSTRUCTED) HAS BEEN WORKED OUT. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE SIGN REQUESTS: Sign Request Applicant: Don Jones Realty To permit an additional panel of 8 square feet on an existing pole sign located within the property setback at 17861 Beach Boulevard. The Board reviewed and discussed the sign request, noting that the additional eight feet will; 'still leave the applicant well within the allowed 50 square feet/for the site. ON MOTION BY PALIN AND SE, ND BY LIPPS, THIS SIGN REQUEST WAS AP- PROVED WITH THE FOLLOWINCrCONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The sign plan submit ed to the Department of Building and Com- munity Development s all be the approved layout. 2. The applicant shall k:omply with all requirements of Article 976 of the Huntington Beach rdinance Code. AYES: PALIN, CROSBY, LIPP: NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. J a es Palin, Secretary Board of Zoning Adjustments :df