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HomeMy WebLinkAbout1978-10-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-$ : Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 25, 1978 - 1:15 PM BOARD MEMBERS PRESENT: SPENCER, EADIE, CROSBY CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT MINUTES: ON MOTION BY CROSBY AND SECOND BY EADIE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 11, 1978, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-54 (Continued from 10-18-78) Applicant: The Buccola Company To permit reduction in height of a required separation wall from six (6) feet to five (5) feet plus or minus on property located at the northeast corner of Beach Boulevard and Garfield Avenue in a C4, Highway Commercial District. The public hearing was reopened and, as there were no persons pre- sent to address the Board on the matter, the public hearing was closed. Secretary Spencer reported that the applicant has indicated that he has not yet obtained the information required at the prior meet- ing and would like another continuance of the request. ON MOTION BY SPENCER AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 78-54 WAS CONTINUED AT THE REQUEST OF THE APPLICANT TO THE REGULAR MEETING OF NOVEMBER 1, 1978, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 2 CONDITIONAL EXCEPTION NO. 78-50 Applicant: Tony Massod To permit use of a twenty (20) foot alley as access to a property upon which a triplex is to be constructed on property located ap- proximately 275 feet north of Pearce Street and 175 feet west of Green Street in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Tony Massod was present at the meeting. Ellen MacMahon addressed the Board from the audi- ence, saying that her property abuts the subject site and question- ing why she had not been notified. The Board considered her in- formation but in the absence of precise location of her property was not able to determine whether she should have received notifi- cation. Ms. MacMahon said that prior construction in the area had resulted in adverse impacts upon the neighborhood in the form of dust and debris, animals brought into the area, and violation of allowed hours of operation, and asked that this developer be re- quired to be responsible for the effect of construction operations from his project. There being no other persons to address the Board, the public hear- ing was closed. Mel Ott reported that the Fire Department has conducted a field check on the site and determined that the existing alley is in some cases under twenty feet in width because of the encroachment of planters and trash enclosures. He also informed the applicant that the Fire Department could approve the concept of the 20-foot drive as access to a duplex but not to a triplex, because of Fire Code restrictions on type of occupancy. He also indicated that a hydrant probably will be a requirement on the property. The Board discussed the proper procedure for acting on the request. It was determined that action could be taken on the access ease- ment alone with no consideration of the density of the development which would take place subsequently. The applicant was instructed that his triplex is not an issue in any approval and not appealable under any Board approval, but must be worked out with the Fire Department. He was also cautioned not to prepare plans for the project prior to receiving Fire Department agreement. ON MOTION BY SPENCER AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 78-50 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. Because of the following special circumstances applicable to the subject property, the strict application of the zoning BZA 10-25-78 Page 2 Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 3 ordinance is found to deprive the subject property of privi- leges enjoyed by other properties in the vicinity and in the same zoning classification: a. If the use of the alley as requested is not allowed, the property is landlocked with no other means of access. b. The lot has existed for some years in the present configu- ration. c. The commonly owned private access easement has existed for 25 to 30 years for the use of the properties on either side. d. The existing easement is of no lesser width than a legal - width public alley. 2. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and in the same zoning classification. 3. The -granting of the conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of the conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The access layout received and dated August 28, 1978, showing access via the twenty (20) foot alley shall be the approved layout. NOTE: It is specifically noted that approval of this conditional exception does not constitute approval of any construction or density of construction on the property. In its approval action, the Board of Zoning Adjustments consid- ered the following issues relating to the conceptual plan: . Traffic circulation and drives; . Lot area, width, and depth; . Lot location; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE BZA 10-30-78 Page 3 Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 4 CONDITIONAL EXCEPTION NO. 78-57 Applicant: Robert A. Montgomery To permit construction of a six (6) foot high block wall within the fifteen (15) foot front yard setback on property located on the northwest corner of Lake Street and Springfield Avenue in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Robert Montgomery was present at the meeting and addressed the Board to explain his need for the wall. There being no persons to speak for or against the proposal, the public hearing was closed. The Board reviewed the request, taking into consideration the present and future traffic on Lake Street and the relation of the proposed encroaching fence to the adjoining lot to the north. ON MOTION BY CROSBY AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-57 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The noise from existing traffic on Lake Street (which is des- ignated on the Circulation Element of the General Plan as an arterial highway) is determined to have an adverse effect on the living environment of the subject dwelling unit, as the bedrooms in that unit are oriented to the east fronting Lake Street. Therefore, granting of the wall as requested in the conditional exception will help attenuate that adverse impact. 2. The dwelling unit is sited on the lot in such a fashion that the narrow part of the lot which normally is the front is really an exterior side yard, with the house fronting on Spring- field Avenue. This siting poses a hardship as far as design for privacy and for usable recreation area is concerned. 3. Granting of the exception will not constitute the granting of special privilege, as other walls for sound attenuation have previously been granted within the city. 4. The granting of the conditional exception will not be materi- ally detrimental to the public welfare or injurious to property in the same zone classification. 5. Granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. BZA 10-25-78 Page 4 Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 5 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The conceptual plan received and dated October 6, 1978, shall be the approved plan, subject to the following: a. A corner cutoff shall be provided at the northerly property line, the size to be consistent with the cutoff provided at the corner of Lake and Springfield on the south end of the lot. b. The design of the wall (which the applicant has indi- cated as slumpstone and stucco) shall be subject to the approval of the Secretary of the Board prior to issuance of permits. AYES: SPENCER, CROSBY NOES: EADIE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-97 Applicant: Willard J. Walters To permit construction of a 45,000 square foot office/industrial building located on the east side of Electronic Lane approximately 200 feet south of Machine Drive in an Ml-A, Restricted Manufactur- ing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Willard Walters and Bill Symington were present at the meeting. The request was reviewed and found to be substantially incompli- ance with code requirements. Mel Ott informed the applicants that the Fire Department will require further detail on the natural gas station shown on the east property line, or for whatever fueling operation is used in the event the station is deleted. The Board determined that safety and maneuverability would be enhanced by the removal of the parking space closest to the street at each point of entry. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 78-97 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: BZA 10-25-78 Page 5 Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 6 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised site plan received and dated October 20, 1978, shall be the approved layout, subject to the fol- lowing modification: a. The first parking space parallel to Electronic Lane adjacent to both the northerly and the southerly drives shall be removed and replaced with landscap- ing, to effect better traffic circulation. The modification outlined above shall be depicted on the plan submitted to the Department of Development Services upon appli- cation 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 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 land- scaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechani- cal equipment and shall delineate the type of material proposed to screen said equipment. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: TENTATIVE TRACT 8040 (Siting on Lots Applicant: La Solana Corporation Sitinq of lots per previous conditions of approval for Tract 8040 located in Huntington Harbour in an R1, Low Density Residential District. BZA 10-25-78 Page 6 IV 1 Minutes, H.B. Board of Zoning Adjustments October 25, 1978 Page 7 The Board reviewed the plot plans submitted for Lots 17 through 22 and Lots 37, 40, 84, 96, 97, and 101 of the tract. ON MOTION BY SPENCER AND SECOND BY CROSBY THE LAYOUT SUBMITTED OCTOBER 6, 1978, WAS APPROVED BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 2 � Charles P. S ncer, Secretary :df BZA 10-25-78 Page 7