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HomeMy WebLinkAbout1976-08-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 25, 1976 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, SPENCER CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT MINUTES: ON MOTION BY PALIN AND SECOND BY CROSBY THE MINUTES OF THE REGULAR MEETINGS OF JULY 21 AND JULY 28, 1976, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE AGENDA ITEM TO BE WITHDRAWN: ADMINISTRATIVE REVIEW NO. 76-121 Applicant: GSA/Real Property Services To permit the establishment of a home care facility for the care of six (6) non -related persons in accordance with the provisions of Section 9730.27 of the Huntington Beach Ordinance Code, located at 19752 Providence Lane in an Rl, Low Density Residential District. Secretary Palin reported that a request has been received from the applicant for withdrawal of this application. ON MOTION BY PALIN AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 76-121 WAS WITHDRAWN, AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: USE PERMIT NO. 76-43 (Cont. from 8-4-76) Applicant: William D. Hanshaw To permit the establishment of a portable ice house pursuant to Section 9472 of the Huntington Beach Ordinance Code, located on the east side of Goldenwest Street approximately 120 feet north of Warner Avenue in a C4, Highway Commercial District. Minutes, H.B. Board of Zoning Adjustmert-s August 25, 1976 Page 2 Chairman Crosby informed the Board that this request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. The Chairman opened the public hearing. William Hanshaw and George Casto were present at the meeting. Ben Kanter addressed the Board in opposition to the proposed project, questioning whether it was the intent of Section 9472 to permit the attachment of such a use and of such a size to buildings in the commer- cial districts. There being no other persons present to speak on the proposed project, the public hearing was closed. Dimensions of the property and dimensions of setbacks were reviewed by the Board, as well as the parking and on -site circulation patterns. It was noted that the existing parking as it is presently striped is in violation of the code. Reorientation of the building to the site was also discussed. ON MOTION BY CROSBY AND SECOND BY PALIN USE PERMIT NO. 76-43 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received August 24, 1976, shall be the approved layout, subject to the modifications described herein: a. The ice house, shown in an east -west direction, shall be modified to be oriented in a north -south direction. b. The parking shown along the easterly property line shall be revised to conform to all ordinance code requirements, or shall be eliminated. BZA 8-25-76 Page 2 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 3 c. A strip of landscaping with a minimum width of three (3) feet shall be installgd along the elongated side of the ice house, in a north --south direction. A plan delineating said modifications shall be submitted to the Department of Building and Ccmmunity Development at the time of application for building permits. 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. 2. The ice house shall be constructed to be architecturally compatible with the existing building (colors, etc.). 3. Striping or restriping upon the total physical site shall take into consideration sandblasting the existing markings before restriping shall be done. The restriping shall conform to requirements of Article 979. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-30 (In Conj./AR 76-105) Applicant: George Bach To permit the creation of a legal parcel per a previously recorded Record of Survey pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located on the north side of Pacific Coast Highway approximately 180 feet northwest of Anderson Street in a C2, Community Business District. Chairman Crosby reported to the Board that this request is covered by Negative Declaration No. 76-69. No one was present to represent the application, and it was noted that no additional information has been received. ON MOTION BY CROSBY AND SECOND BY PALIN TENTATIVE PARCEL MAP NO. 76-30 WAS CONTINUED TO THE MEETING OF SEPTEMBER 1, 1976, TO PERMIT THE APPLICANT TO BE PRESENT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE BZA 8-25-76 Page 3 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 4 ADMINISTRATIVE REVIEW NO. 76-105 (In Conj./TPM 76-30) Applicant: Frank Gonzales & Associates To permit the construction of a 4,000 square foot automobile service center pursuant to Section 9450.5 of the Huntington Beach Ordinance Code, located on the north side of Pacific Coast Highway approxi- mately 180 feet northwest of Anderson Street in a C2, Community Busi- ness District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 76-69. No one was present to represent the application. It was the consen- sus of the Board that due to the continuance of TPM 76-30 this request should also be continued to permit applicant to be present. ON MOTION BY CROSBY AND SECOND BY PALIN ADMINISTRATIVE REVIEW NO. 76-105 WAS CONTINUED TO THE MEETING OF SEPTEMBER 1, 1976, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: ABSENT: NONE NONE USE PERMIT NO. 76-47 (Continued from 8-18-76) Applicant: Jansvu Propertys' Inc. To permit the construction of a twenty (20) unit apartment building pursuant to Section 9202.3.1.2 of the Huntington Beach Ordinance Code, located on the east side of Cameron Street approximately 130 feet north of Newman Street in an R3, Medium -High Density Residential District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 76-73. The Chairman opened the public hearing. Rick Annigoni was present to represent the application. He explained the elevations and build- ing treatment for the Board's information. There being no other persons present to speak on the proposed project, the public hearing was closed. Board discussion ensued, and the revised plan was found to conform to the changes previously outlined by the Board. ON MOTION BY PALIN AND SECOND BY CROSBY THE BOARD ADOPTED NEGATIVE DECLARATION NO. 76-73, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT UPON THE PHYSICAL ENVIRONMENT, BY THE FOLLOWING VOTE: BZA 8-25-76 Page 4 1 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 5 AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 76-47 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received August 25, 1976, 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; • 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. 2. The elevations received and dated July 29, 1976, shall be the approved elevations. BZA 8-25-76 Page 5 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 6 3. A landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping requirements on file in the Department of Public Works shall be submitted to the Department of Building and Community Development. 4. In accordance with the City's standards and requiremements, an additional ten (10) feet of right-of-way on Cameron Street shall be dedicated. 5. Soil and compaction reports shall be submitted by a certi- fied soils engineer. Said reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 6. Fire protection systems, including automatic sprinkler sys- tems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or systems shall comply with the specifications of the Huntington Beach Fire Code. Plans for such systems and devices shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. 7. Developer shall participate in the local drainage assessment district. 8. beveloper shall participate in the Orange County Sanitation District #3 Sewer Annex District. 9. All applicable fees shall be paid prior to issuance of build- ing permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Cameron Street 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. C. GENERAL CONDITIONS: 1. Information on the proposed security gate shall be submitted to the Fire and Police Departments for review and approval prior to installation. 2. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a minimum 1 BZA 8-25-76 Page 6 1 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 7 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. 3. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be dis- posed of at an offsite facility equipped to handle them. 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-123 (Cont. from 8-18-76) Applicant: W. Sterlinq Buck & Associates To permit the construction of a 5,700 square foot professional building pursuant to Section 9430.2 of the Huntington Beach Ordiannce Code, located at the southeast corner of Bolsa Avenue and Springdale Street in a C2, Community Business District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 75-16, adopted by the Board of Zoning Adjustments on April 9, 1976. Will Buck and John Cowles were present at the meeting. Mr. Buck informed the Board that investigation has so far not indicated that there is a recorded easement at the northerly portion of the property; he did, however, note that there is an existing easement on the south side of the property which makes it impossible to flip the plan and still obtain the proper set- backs. The Board reviewed prior approvals on the subject property. Also considered were parking spaces on site and access to such spaces, volume of traffic to be generated by the subject use, and landscaping. ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 76-123 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: BZA 8-25-76 Page 7 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 8 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan received August 23, 1976, shall be the approved layout, subject to the following modifications: a. The plan shall be revised to eliminate at least the most southerly parking stall of the westerly parking stalls as shown on the plan. b. The drive shall have a minimum width of between 24 and 35 feet. c. The dimension from the block wall on the south to the inside edge of the drive shall be a minimum of 10 to 12 feet. d. A turning radius of 27 feet shall be provided. 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. 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 depth; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. 2. The following plans shall be submitted to the Department of Building and Community Development: 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. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment 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 reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. BZA 8-25-76 Page 8 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 9 4. Fire protection systems, including automatic spKinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or sys- tems shall comply with the specifications of the Huntington Beach Fire Code. Plans for such systems and devices shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. 5. The developer shall participate in the local drainage assess- ment district. 6. All applicable fees shall be paid prior to issuance of build- ing permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Any required street improvements shall be to the approval of the Department of Public Works. C. GENERAL CONDITIONS: 1. If the developer proposes to provide air conditioning, the insulation in 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. In commercial and industrial projects, the "U" value of the structures shall offer the equivalent thermal insulation characteristics and may be calculated using ASHRAE methods. AYES: CROSBY, SPENCER NOES: PALIN ABSENT: NONE Secretary Palin submitted the following reasons for his "no" vote: 1. The approval has not conditioned the application to assure that the objective for reciprocal easements imposed when the original division of land was filed will be achieved, to provide for reciprocal access over and across both parcels for ingress -egress. 2. The applicant has not complied with the intent of the original approved plans on this property, which had a building delineated on the south portion of this property and a drive on the northerly portion. BZA 8-25-76 Page 9 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 10 ADMINISTRATIVE REVIEW NO. 76-106 Applicant: Saul Sher To permit the construction of a 6,000 square foot commercial build- ing pursuant to Section 9430 of the Huntington Beach Ordinance Code, located on the southwest corner of Ellis Avenue and Main Street in a C2, Community Business District. Chairman Crosby informed the Board that this project is covered by Negative Declaration No. 76-4. Saul Sher was present at the meeting. Secretary Palin reported that discussions have been held with the applicant and revised plans submitted; applicant now has indicated the intention to retain the most northerly drive to accommodate deliveries to the site. The revision in the plan makes unnecessary the Conditional Exception No. 76-37 which had been filed concurrently with the subject request, and it was the consensus of the Board to withdraw the C.E. and authorize refund of the filing fee. Board review of the revised plan found it to be in conformance with code requirements. ON MOTION BY CROSBY AND SECOND BY PALIN NEGATIVE DECLARATION NO. 76-4 WAS ADOPTED, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ON MOTION BY CROSBY AND SECOND BY PALIN, ADMINISTRATIVE REVIEW NO. 76-106 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan and elevations received and dated August 25, 1976, 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; . Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicintiy; Past administrative action regarding this property. C 11 BZA 8-25-76 Page 10 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 11 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. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop 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 reports 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, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or systems shall comply with the specifications of the Huntington Beach Fire Code. Plans for such systems and devices shall be sub- mitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. 5. All applicable fees shall be paid prior to issuance of building permits. B. GENERAL CONDITIONS: 1. If the developer proposes to provide air conditioning, the insulation in 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. In commercial and industrial projects, the "U" value of the structures shall offer the equivalent thermal insulation characteristics and may be calculated using ASHRAE methods. 2. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE BZA 8-25-76 Page 11 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 12 CONDITIONAL EXCEPTION NO. 76-38 Applicant: Richard Ostrowski To permit a 3'6" encroachment into the required 5-foot setback from an easement per Section 9960.2(c) of the Huntington Beach Ordinance Code, located on the north side of McFadden Avenue approxi- mately 135 feet west of Graham Street in a 100-M1-A-20,000, Restricted Manufacturing District. Chairman Crosby informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Mr. Ostrowski was present at the meeting. There being no one present to speak for or against the proposal, the public hearing was closed. Chairman Crosby reported that Public Works has reviewed the calcula- tions submitted by the proponent and has determined that the proposal will not present problems of bearing load on the pipe or maintenance access to the easement. ON MOTION BY CROSBY AND SECOND BY PALIN CONDITIONAL EXCEPTION NO. 76-38 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS OF THE BOARD: 1. There is adequate access in this case to conform to the intent of the ordinance code for the provision of access for maintenance of sewer lines, drainage, or other utility lines within the easements. 2. The intent of the code requirement is to make sure that no bearing loads are placed on the pipes within an easement; calculations have been submitted to the Department of Public Works to demonstrate that no such problem will result from subject encroachment. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received and dated August 6, 1976, 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; • Parking layout; • Lot area; BZA 8-25-76 Page 12 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 13 • 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. 2. A "hold harmless" letter shall be submitted to the City to absolve the City of any responsibility should the storm drain rupture in the future and damage should result to the structure encroaching into the easement. Said letter shall be subject to approval of the office of the Citv Attorney for form and content and shall become a part of the permanent file on subject project. 3. Engineering calculations for the footings along the westerly property line for that portion of the building encroaching into the setback line shall be submitted to the Department of Building and Community Development for review and approval. 4. The footings for the encroaching portion of the structure shall be at an elevation of 11.7 or lower, in order to elimin- ate any type of bearing upon the conduit itself. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 76-39 (In Conj./AR 76-119) Applicant: Drs. Flanagan, Suydam, and Yuppa To permit a 63-space reduction in the required parking from 261 to 198 spaces in lieu of Section 9793.1 of the Huntington Beach Ordinance Code, located at the southeast corner of Main Street and Huntington Street in an R5, Office -Professional District. Chairman Crosby informed the Board that this request is a Categori- cal Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Dr. Flanagan and Frank White were present to represent the application. Mr. White ex- plained the reasons for the reduced parking request, citing the configuration of the site and the relationship of the proposed use to other medical facilities abutting the subject site. There being no other persons present to speak for or against the project, the public hearing was closed. Board review ensued, taking into consideration the method used for calculating gross square footage of usable office space, the over- lapping use of the parking space with the abutting medical facility, and the possible assignment of certain parking areas for employees only. BZA 8-25-76 Page 13 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 14 ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 76-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The physical configuration of the subject property imposes certain constraints upon the layout of the facility. 2. The proposed plan does afford inner circulation with the existing complex to the north, and in so doing has increased parking for that facility. 3. The physical and professional relationship between the proposed project and the medical complex to the east and the hospital located therein is a factor which contributes to the feasibility of the parking reduction. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received and dated August 9, 1976, shall be the proved layout, as modified by approval of A.R. 76-119. 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 depth; . Type of use and its relation to property and improvements in the immediate vicinity; • Past administrative action regarding this property. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-119 (In Conj./ CE 76-39) Applicant: Drs. Flanagan, Suydam, and Yuppa To permit the construction of a 34,000 square foot medical facility pursuant to Section 9401 of the Huntington Beach Ordinance Code, located on the southeast corner of Main Street and Huntington Street in an R5, Office -Professional District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 76-74. BZA 8-25-76 Page 14 1 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 15 Dr. Flanagan and Frank White were present to represent the application. Mrs. Sylvia Shandrick, owner of adjoining property, addressed the Board to express her concerns with the handling of the drainage problems for this property. Mr. White submitted information to clarify existing and proposed grading and drainage of the property, which is proposed so that ponding can continue to take place and the sheet flow from this project will not be directed across adjacent properties. The Board also discussed the drive width on the northerly side of the proposed building, the turning radius and angle of parking provided, provisions for landscaping, and construction of physical features to handle the water flow on the property. Also taken into consideration was the possible need for signing for the project. ON MOTION BY PALIN AND SECOND BY CROSBY NEGATIVE DECLARATION NO. 76-74 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ON MOTION BY PALIN AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 76-119 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received and dated August 9, 1976, shall be the approved layout, subject to the following modifications described herein: a. The building shall be moved northerly by an additional two (2) feet to provide a minimum seven (7) foot setback where adjacent to the abutting residential. This may be accomplished through the reduction to twenty-five (25) feet in the drive width along the northerly side of the project. b. The parking immediately south of the southerly drive on Main Street shall be redesigned for 90° parking, thereby eliminating the projection of parking into the entry drive. C. The parking space immediately south of the trash enclosure area to the north shall be eliminated, in order to eliminate its traffic hazard to onsite circulation. BZA 8-25-76 Page 15 Minutes, H.B. Board of Zoning Adjustments Augsut 25, 1976 Page 16 d. A swale shall be provided along the southerly property line within the parking compound to serve as a drainage course for sheet flow and a collector of nuisance water from that area. Said swale shall be of construction and width as determined by the City Engineer to be sufficient to handle runoff during the rainy seasons. A plan delineating said modifications shall be submitted to the Department of Building and Community Development upon submittal for building permits. 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. 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. 2. The design and concentration for drainage of the site shall be submitted to the City Engineer for review and approval action prior to issuance of building permits. Said plan shall take into consideration the location of tree wells along the setback on the southerly property line between the subject build- ing and'the abutting residential property, as well as providing sufficient swale width to accommodate the surface drainage at that location. Said plan shall also take into consideration the six (6) foot high masonry wall to be constructed along the southerly property line, to assure that proper facilities are constructed therein for the necessary openings to carry off=all accumula- tion of surface drainage at the southeasterly corner of the proposed building. 3. The following plans shall be submitted to the Department of Building and Community Development for review and approval: 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. BZA 8-25-76 Page 16 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 17 b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. 4. All necessary right-of-way widths on Huntington, Delaware, and Main Streets shall be dedicated according to the standards and requirements -of the City of Huntington Beach, as determined by the Department of Public Works. 5. Soil and compaction reports shall be submitted by a certified soils engineer. Said reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 6. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or sys- tems shall comply with the specifications of the Huntington Beach Fire Code. Plans for such systems and devices shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. 7. The developer shall participate in the local drainage assess- ment district. 8. All applicable fees shall be pair prior to issuance of build- ing permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Delaware, Main, and Huntington Streets shall be improved to the centerlines of such rights -of -way. Said improvements 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. C. GENERAL CONDITIONS: 1. The improved parking area shall not affect the holding capacity on the easterly portion within the parking compound and shall not be constructed above natural grade as it presently exists. 2. The finished grades within the parking areas shall be brought into compliance with existing grades already developed on the abutting medical facility, to eliminate the need for any retaining walls between the two facilities; or in lieu of this requirement, any grade differential greater than one (1) foot BZA 8-25-76 Page 17 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 18 between the two uses shall have a retaining wall with land- scaping provided to partially break the harshness of said wall. Said landscaping shall be provided on subject site. 3. All requests for signs for the subject project shall be sub- mitted to the Board of Zoning Adjustments for review and approval action. 4. If the developer proposes to provide air conditioning, the insulation in 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. In commercial and industrial projects, the "U" value of the structures shall offer the equivalent thermal insulation char- acteristics and may be calculated using ASHRAE methods. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 76-40 (In Conj./AR 76-122) Applicant: James R. Belt To permit the elimination of the minimum landscaping requirement per Section 9792.2 and minimum block wall requirement per Section 9534(b,e) of the Huntington Beach Ordinance Code, located at the northwest intersection of Crabb Lane and Liberty Avenue in an Ml, Light Industrial District. Chairman Crosby informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Mr. Belt was present at the meeting and addressed the Board to explain that the use he is proposing is only temporary and that compliance with the prior conditions of approval for installation of masonry fencing would preclude later perm- anent development plans. The applicant also cited conditions in existenc on other developments in the area. There being no other persons to speak for or against the project, the public hearing was closed. Secretary Palin reviewed the previous history of the subject site, including the court action to force compliance with the conditions of approval for Use Permit 73-71. Mr. Belt stated that the court action BZA 8-25-76 Page 18 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 19 had been dropped. After further extensive discussion between Board members and the proponent, it was the consensus that staff should research the status of the pending court action before any action is taken on this request. ON MOTION BY CROSBY AND SECOND BY PALIN CONDITIONAL EXCEPTION NO. 76-40 WAS CONTINUED, WITH THE CONCURRENCE OF THE APPLICANT, TO THE REGULAR MEETING OF SEPTEMBER 1, 1976, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-122 (In Conj./CE 76-40) Applicant: James R. Belt To permit the establishment of an automobile and recreational vehicle storage yard pursuant to Section 9530 of the Huntington Beach Ordinance Code, located at the northwest corner of Crabb Lane and Liberty Street in an Ml, Light Industrial District. Mr. Belt was present at the meeting. In view of the continuation of CE 76-40 it was the consensus of the Board to continue this application also. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 76-122 WAS CONTINUED, WITH THE CONCURRENCE OF THE APPLICA11T, TO THE REGULAR MEETING OF SEPTEMBER 1, 1976, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 76-41 Applicant: Melvin C. Amerman To permit a postponement of the required wall along the west property line in lieu of Section 9730.25 of the Huntington Beach Ordinance Code, located on the south side of Hamilton Avenue approximately 150 feet west of Brookhurst Street in a C4, Highway Commercial District. Chairman Crosby informed the Board that this request is a Categori- cal Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Mr. Amerman was present at the meeting. Marc Porter, representing the adjacent property BZA 8 - 25-76 Page 19 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 20 owners, addressed the Board and the applicant to point out certain conditions which said owners wish to be understood as the basis for their concurrence with this postponement. There being no other persons to speak for or against the proposed project, the public hear- ing was closed. The Board reviewed the possibility of rezoning of the adjacent property, the desirability of separation walls where there might be compatible uses, and the procedures for implementing said postponement. ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 76-41 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS OF THE BOARD: 1. Separation walls constructed on commercial, office -professional, or industrial uses prior to the development of adjacent vacant properties have in the past created problems and limited the flexibility necessary to achieve good site planning and onsite circulation. 2. Construction of the wall at this time would serve no purpose, as the abutting property is presently vacant and unused. 3. Prior approvals by the City on subject site were such that a substantial financial investment had been made in plans, drawings, and processing, during which the proponent was not properly advised of the need for the separation wall; therefore, the Board determined that construction of the wall at this time would impose an undue hardship. 4. Postponement of the construction of the wall will not result in a detrimental effect upon the health, safety, and welfare of persons living, residing, or working within the area. CONDITIONS OF APPROVAL: 1. The applicant shall be solely responsible for construction of a wall along the west property line and will provide a surety bond sufficient to cover construction of the wall, said construction to take place on or before development of the adjacent parcel in residential construction of any type. 2. The applicant understands that the absence of the wall may subject his property to wind-blown trash from the adjacent parcel and waives claim for any future nuisuance therefrom. BZA 8-25-76 Page 20 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 21 3. The bond to be posted shall be in sufficient construction of the wall and shall be subject the office of the City Attorney for form and AYES: PALIN, CROSBY NOES: SPENCER ABSENT: NONE CONDITIONAL EXCEPTION NO. 76-42 Applicant: World Oil Company amount to cover to review by content. To permit a six (6) foot building encroachment into the required ten (10) foot exterior side yard setback in lieu of Section 9434.2 of the Huntington Beach Ordinance Code, located at the southwest corner of Magnolia Street and Adams Avenue in a C2, Community Business District. Chairman Crosby informed the Board that this request is a Categ- orical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Glen Sapp was present to represent the application and presented a revised plan showing the location of the underground tank facility. There being no other persons present to speak on the project, the public hearing was closed. The Board review of the request included the orientation of the tank facility to the remainder of the site, the landscaping projected, and the total square footage of the encroachment. ON MOTION BY PALIN AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 76-42 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The location of the underground storage facility is such that it would prohibit the locating of the money -collection booth at any other spot on the site and still retain the proper circulation for deliveries and customers. 2. The proposed plan provides landscaping far in excess of the code requirements and represents tremendous upgrading of the facility. 3. The requested encroachment is for only 70 square feet, which is nothing more than an oblique corner of the building and will not have a detrimental effect upon persons living or working in the area and would not adversely affect property values in the area. BZA 8-25-76 Page 21 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 22 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received and dated August 11, 1976, shall be the approved layout, subject to the following: The treatment of the proposed encroachment shall comply with the elevations as submitted for review originally at the time Administrative Review No. 76-83 was approved by the City. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-32 Applicant: Ali Labib To permit a two (2) lot division of land pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located on the north side of Alhambra Avenue approximately 450 feet east of Silver Street in an R2, Medium Density Residential District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 76-75. Secretary Palin noted that, since the applicant is not present and the State Map Act requires that he indicate his concurrence with the sug- gested conditions of approval sent to him, no action can be taken on this application at this time. ON MOTION BY CROSBY AND SECOND BY PALIN TENTATIVE PARCEL MAP NO. 76-32 WAS CONTINUED TO THE MEETING OF SEPTEMBER 1, 1976, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-33 Applicant: Huntington Harbour Corporation To permit a minor lot line adjustment between Lots 33 and 34 of Tract 9168 pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located on the south side of Ragtime Circle approximately 60 feet east of Sundancer Lane in an Rl, Low Density Residential District. Chairman Crosby informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. No one was present to represent the application, but Pat Spencer noted that the applicant has called to indicate his concurrence with the BZA 8-25-76 Page 22 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 23 suggested conditions of approval which were forwarded to him. ON MOTION BY PALIN AND SECOND BY SPENCER TENTATIVE PARCEL MAP NO. 76-33 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Planning Department on August 13, 1976, shall be the approved layout, subject to the following: The plan shall be revised to reflect conditions existing on -site at present. Said plan shall be submitted to the Secretary of the Board. 2. A parcel map shall be filed with, and approved by, the Department of Public Works, and recorded with the Orange County Recorder. 3. A copy of the recorded parcel map shall be filed with the Planning Department. 4. All applicable conditions of Tentative Tract 8636 shall be complied with. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-34 Applicant: Gerhand L. Schultz To permit a two (2) lot division of land pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located at the southeast corner of Heil Avenue and Rhine Drive in an Rl, Low Density Residential District. Chairman Crosby informed the Board that this request is covered by Negative Declaration No. 76-76. Mr. Gerhard Schultz was present at the meeting and indicated that he has received a copy of the suggested conditions of approval. Chairman Crosby informed the applicant that the original conditions of approval on Tract 3622 prohibit vehicular access to Heil Avenue and the only access this parcel of land could have would have to BZA 8-25-76 Page 23 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 24 be through the adjacent lot to the west and out to Rhine Drive. In effect, this would result in his parcel becoming a landlocked parcel without access. The Board discussed with the applicant his acquisition of the property (through a tax sale), prior negotiations by the City to acquire this property for a water well site, and proper procedure for the appli- cant to follow. It was the Board's determination that further informa- tion will be required, and the applicant was requested to submit his title report on the sale. Staff will pursue the method by which this property was split off from the original tract and how it was conveyed if the split was not legally made. ON MOTION BY PALIN AND SECOND BY SPENCER TENTATIVE PARCEL MAP NO. 76-34 WAS CONTINUED, WITH THE CONCURRENCE OF THE APPLICANT, TO THE REGULAR MEETING OF SEPTEMBER 8, 1976, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOTES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-125 Applicant; Robert L. Anderson To permit the construction of a 2400 square foot industrial building pursuant to Section 9530 of the Huntington Beach Ordinance Code, located on the east side of Crystal Street approximately 255 feet south of Garfield Avenue in an Ml, Light Industrial District. Chairman Crosby informed the Board that this request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Mr. Anderson was present at the meeting. Secretary Palin reviewed the history of the subject property, noting that applicant is now requesting construction of the wall along the east property line to take place concurrently with development of the wall to the south and permission to retain the fence along the northerly property line until such time as there is a need for the additional right-of-way which will be dedicated at this time. The Board reviewed the plot plan and the parking provided onsite. Chairman Crosby indicated that.the alley dedication along the northerly property line of Lot 13 cannot be postponed; however, no improvements will be required until such time as the Director of Public Works deems such construction necessary, at which time the applicant will be granted 90 days to remove the facilities currently existing on that northerly property line. ON MOTION BY CROSBY AND SECOND BY PALIN ADMINISTRATIVE REVIEW NO. 76-125 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: BZA 8-25-76 Page 24 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 25 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received and dated August 20, 1976, shall be the approved layout, subject to the modification described herein: Parking shall be indicated at 90°, rather than the diagonal as shown,on Lot 13. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modifica- tion outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. 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 on this property. 2. In accordance with the City's standards and requirements, an additional five (5) feet of right-of-way along the south side of the alley along the northerly property line of Lot 13 shall be dedicated. 3. Permission shall be granted to allow construction of the wall along the easterly property line to take place con- currently with construction of the wall on Lots 14, 15, and 16 to the south. 4. Soil and compaction reports shall be submitted by a certified soils engineer. Said reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 5. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or systems shall comply with the speci- fications of the Huntington Beach Fire Code. Plans for such systems and devices shall be subject to approval by the Departments of Fire and Public Works. BZA 8-25-76 Page 25 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 26 6. The developer shall participate in the local drainage assessment district. 7. All applicable fees shall be paid prior to issuance of building permits. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 76-15 Applicant: Gary G. Whitaker Revised plan to satisfy previous conditions of approval for an auto sales lot located at the southwest corner of Beach Boulevard and Clay Street in a C2, Community Business District. The Board reviewed the submitted revised plan, finding that it does not comply with the conditions as originally imposed upon this application. Secretary Palin will communicate with the applicant and instruct him as to the necessary steps to take on his project to bring it into compliance with code as required. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 76-15 (REVISED PLAN) WAS CONTINUED INDEFINITELY, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE SPECIAL EVENT NO. 76-27 Applicant: Perez/Savage Associates To permit a grand opening event at an existing shopping center on September 11, 1976, located at the intersection of Edinger Avenue and Sher Lane. No one was present to represent the application. The Board reviewed the proposed event. ON MOTION BY CROSBY AND SECOND BY SPENCER SPECIAL EVENT NO. 76-27 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan and project description received on August 23, 1976, shall be the approved layout. BZA 8-25-76 Page 26 Minutes, H.B . Board of Zoning Adjustments August 25, 1976 Page 27 2. The applicant shall obtain all necessary electrical permits. 3. A certificate of insurance form shall be filed in the License Division of the Finance Department of the City ten (10) days prior to the event. 4. An onsite inspection by the Fire Department shall be required prior to the event. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE PLOT PLAN AMENDMENT NO. 76-6 Applicant: The Church in Huntington Beach CONDITIONAL EXCEPTION NO. 76-37 Applicant: Saul Sher ADMINISTRATIVE REVIEW NO. 76-93 ; Applicant: Foxx Development Corporation The first two applications listed above have been found to have been filed in error and not to be required. The third applica- tion by Foxx Development Corporation is being withdrawn because an application for a different project has been filed and is being processed for the property listed in the above application. ON MOTION BY SPENCER AND SECOND BY CROSBY THE ABOVE APPLICATIONS WERE WITHDRAWN AND REFUND OF FILING FEE AUTHORIZED FOR THE FIRST TWO APPLICATIONS, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE SIGN REQUESTS: SIGN REQUEST NO. 7914 Applicant: Sigma Medical Enterprises To permit a 94 square foot pole sign and a 64 square foot wall sign located at 17211 Beach Boulevard. Pat Spencer reported that the signs are in conformance with code requirements. ON MOTION BY SPENCER AND SECOND BY CROSBY SIGN REQUEST NO. 7914 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: BZA 8-25-76 Page 27 Minutes, H.B. Board of Zoning Adjustments August 25, 1976 Page 28 CONDITIONS OF APPROVAL: 1. The pole sign shall be located within the landscaped area on the site. 2. Any other signs to be proposed at this lcoation will require permits and approval by the Board of Zoning Adjustments. 3. The sign plan received and dated August 16, 1976, shall be the approved layout. 4. The applicant shall comply with all requirements of Article 976 of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE SIGN REQUEST NO. 7915 Applicant: Long Beach Neon Company To permit a pole sign on an existing pole and footing located at 16522 Bolsa Chica Street. Pat Spencer reported that this sign constitutes replacement of a logo sign and is in conformance subject to field investigation for setback and height requirements. ` ON MOTION BY SPENCER AND SECOND BY CROSBY SIGN REQUEST NO. 7915 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The sign plan dated August 25, 1976, shall be the approved layout. 2. The applicant shall conform to all requirements of Article 976 of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY, SPENCER NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. zi pea_�10 James W. Palin, Secretary Board of Zoning Adjustments : df