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HomeMy WebLinkAbout1979-03-280 ri MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 28, 1979 - 1:15 P.M. BOARD MEMBERS: Spencer, Crosby, Ott MINUTES: ON MOTION BY SPENCER AND SECOND BY OTT MINUTES OF THE REGULAR MEETING OF MARCH 21, 1979, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 79-7 Applicant: Marie'L. De La Torre To permit the enlargement of a duplex along existing exterior side yard setback located on the southwest corner of Huntington and Hartford Streets. IN CONJUNCTION WITH: USE PERMIT NO. 79-4 (Cont. from 3/14/79) Applicant: Marie L. De La Torre To permit an addition along existing setback lines located on the southwest corner of Huntington and Hartford Streets. Conditional Exception No. 79-7 is a categorical exemption, class 5, California Environmental Quality Act, 1970, and Use Permit No. 79-4 is a class 1 categorical exemption, California Environmental Quality Act, 1970. Mrs. De La Torre was present to represent the applications. The Chairman outlined the proposals to the Board and then the public hearing was opened. Secretary Spencer introduced a letter from adjacent property owners in support of the proposal. He further explained the proposals as follows: A request was originally made, through a use permit application, to allow the single family dwelling to be modified by do addition to the existing structure along existing setback lines which the Ordinance Code only provides for a single family dwelling. However, it was noted at that time that a duplex existed instead of a single family dwelling. The Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979, Page Two • applicant has now filed a conditional exception to allow for an encroachment for the multiple -family dwelling. The encroach- ment consists of approximately 20 square feet into the required exterior side yard setback. Mr. Spencer further explained that the proposed addition was not for additional living quarter, rather, it is proposed to be a family room area for the family, thereby not creating any additional density to the residence. He further stated that presently, no intercirculation between the bachelor unit to the rear and the main residence existed, and furthermore, was not proposed. Ms. De La Torre spoke in favor of her proposal. There being no other parties present to speak on the applications, the public hearing was closed. Board discussion ensued. Secretary Spencer further informed the Board that a number of residences in the immediate vicinity are no longer within Ordinance Code conformance due to code changes throughout the years, however, the structure met code requirement during initial approval. He further noted that the proposals bad ample on s reet nar-king av— ailabld, was not deficient in open space, —however, was -two-"fee�E­defici' erit-in s d-e— yard setback. • Findings and conditions of approval were discussed for both applications. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO, 79-7 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The granting of the Conditional Exception will not constitute a grant of a 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, 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 classification. 3. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 0 Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979 Page Three 5. The granting of the Conditional Exception will not adversely affect the Master Plan of the City of Huntington Beach. 6. The proposed addition will not increase the density of present living quarter. CONDITIONS OF APPROVAL: 1. The addition shall not be constructed to afford access to the bachelor unit. 2. The existing two -car garage shall not be converted or used for any other use. 3. The conceptual plan received and dated January 24, 1979, shall be the approved layout. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY USE PERMIT NO. 79-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE • FOLLOWING VOTE: FINDINGS• 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: 1. The conceptual plan received and dated January 24, 1979, shall be the approved layout. 2. The addition shall not be constructed to afford access to the bachelor unit. 2. The existing two -car garage shall not be converted or used for • anv other use. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979 Page Four ADMINISTRATIVE REVIEW NO. 79-21 Applicant: Mike Peterson To permit the construction of a second story addition to an existing office building located on the north side of McFadden, approximately 800 feet east of Gothard Street. This application is a categorical exemption, class 1, California Environmental Quality Act, 1970. The applicant was not present. Board reviewed the proposal noting that the plan did not accurately reflect actual placement of the building on the lot. It was the consensus of the Board to request the applicant to present a plan to the Secretary of the Board reflecting true placement of the building on the lot. It was further noted that the proposal was within substantial ordinance code conformance. ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-21 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 March 16, 1979, shall be the approved layout, subject to the modifi-! cation described herein: a. A revised plan reflecting actual placement of building on lot. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modification 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. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979 . Page Five TENTATIVE PARCEL MAP NO. 79-560 Applicant: Hunsaker & Associates, Inc. To permit the creation of three parcels from one existing parcel of land located at the southwesterly corner of Clay and Delaware. This application is covered by Negative Declaration No. 79-19. The applicant was not present, however, had acknowledged receipt of suggested conditions of approval through the mail. Secretary Spencer noted that this application should be referred to the Planning Commission for review in conjunction with a conditional use permit to be filed by the applicant. Board concurred with referral. ON MOTION BY SPENCER AND SECOND BY OTT, TENTATIVE PARCEL MAP NO. 79-560 WAS REFERRED TO THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott, NOES: None • ABSENT: None ADMINISTRATIVE REVIEW NO. 79-22 Applicant: Scott and Cathcart Assoc. To permit the construction of a self -storage facility located at the southeast corner of Ernest and Goldenwest Street. This application is covered by Negative Declaration No. 79-22. Secretary Spencer stated that the applicants had requested a one week continuance to allow time to meet with staff on their proposal prior to Board of Zoning Adjustments review. Board concurred with continuance. ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-22 WAS CONTINUED TO APRIL 4, 1979, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None 11 Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979 Page Six TENTATIVE PARCEL MAP NO. 79-561 Applicant: Bill Maxey To permit the consolidation of two existing lots into one located on the east side of Beach Boulevard, approximately 930 feet south of Garfield Avenue. This application is a categorical exemption, class 5, California Environmental Quality Act, 1970. Mr. Bill Maxey, the applicant, was present and indicated receipt of and concurrence with the suggested conditions of approval previously forwarded to the applicant. Board reviewed the proposal and found same to be within Ordinance Code conformance. Findings and conditions of approval were dis- cussed. ON MOTION BY CROSBY AND SECOND BY OTT, TENTATIVE PARCEL MAP NO. 79-561 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The proposed consolidation of two (2) parcels for the purposes of a commercial development the size and shape of property necessary for ment. into one (1) parcel is in compliance with that type of develop- 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for highway commercial which allows various commercial uses, was placed on subject property. 4. The size, depth, frontage, street width, and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with the City as well as in compliance with the State Map Act and supplementary City Subdivision Ordinance. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the Planning Department on March 14, 1979, shall be the approved layout. • Minutes: H.B. Board of Zoning Adjustments Wednesday, March 28, 1979 Page Seven 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. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-9 Applicant: Michael W. Selna To permit a reduction in rear yard setback from 10 feet to 5 feet located on the south side of Kite Drive, at the Sparkman Lane intersection. This request is a class 5 categorical exemption, California Environ- mental Quality Act, 1970. Mr. Selna, the applicant was present. The Chairman outlined the proposal to the Board. The public hearing was opened. Mr. Selna addressed the Board and presented his justifications for the conditional exception as follows: maximum open space would be preserved; the encroachment is most conducive to existing living quarters; is not detrimental to public welfare, and the encroachment would not affect property to the rear since an arterial highway backs onto the subject property. There being no other parties present to speak on the application, the public hearing was closed. Board discussion ensued. Findings and conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 79-9 WAS APPROVED WITH THE FOLLOWING FINDINGS ANn CONDITION, BY THE FOLLOWING MOTE: FINDINGS- 1. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Minutes: H,B, Board of Zoning Adjustments Wednesday, March 28, 1979 Page Eight 2. Because of special circumstances applicable to the subject property, 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 classification. 3. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a 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 Master Plan of the City of Huntington Beach. 6. The proposed addition is found to be minimal (37.5 sq. ft.) which backs onto a primary arterial highway, thereby producing no impact to surrounding properties. 7. Placement of proposed addition is found to be most conducive to existing living quarters. 8. Placement of proposed addition affords maximum utilization of existing open space. CONDITION OF APPROVAL: 1. The conceptual plan received and dated March 12, 1979, shall be the approved layout. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. C arles P. Spencer Secretary s