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HomeMy WebLinkAbout1979-11-07 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Council Chambers, Civic Center 2000 Main Street Huntington Beach, Calif. WEDNESDAY, NOVEMBER 7, 1979 - 1:15 P.M. BOARD MEMBERS: Spencer, Crosby, Ott MINUTES: ON MOTION BY OTT AND SECOND BY CROSBY, THE MINUTES O�F THE REGULAR MEETING OF OCTOBER 31, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None REGULAR AGENDA ITEMS: SPECIAL EVENT NO. 79-26 (Cont. from 10/31/79) Applicant: Rabbit Productions c/o Virginia Lawn To permit a special event from November 10, 1979 through November 30, 1979 featuring Art Exhibits located on the northwest corner of 19th Street and Pacific Coast Highway. Secretary Spencer introduced the application to the Board. He stated that the application had been continued from the previous week to allow the applicant to be present to answer any concerns the Board may have. Ms. Virginia Lawn, the applicant, was present. She stated that on site parking was not proposed,that visitors would have to depend on street parking. She also inquired about the use of a large six foot wide canvas to be used as a windbreak. Secre- tary Spencer was concerned about possible sight obstruction if such•a screen were erected. He suggested that the applicant prepare a revised plan depicting type of material proposed for windbreak for Fire Department review and also discuss same with Department of Public Works for possible traffic obstruction. It was proposed that the revised plan also reflect the layout of isleways, what type of booths are proposed,which shall be to the approval of the Fire Department. Conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY CROSBY, SPECIAL EVENT NO. 79-26 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Two CONDITIONS OF APPROVAL: 1. No other structures other than those shown on the approved plot plan dated October 19, 1979 are permitted. 2. The plot plan received and dated October 19, 1979, shall be the approved plot plan. 3. The applicant shall obtain all necessary electrical permits. 4. An on -site inspection by the Fire Department shall be required prior to the event. 5. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-50 Applicant: Richard E. Borkovetz To permit a 716" encroachment into front yard setback located on the northeasterly side of Intrepid Lane, approximately 200 feet from Broadway. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Mr. Borkovetz was present to represent the application. Chairman Crosby introduced the application to the Board then requested Mr. Borkovetz to outline his proposal. The public hearing was opened. Mr. Borkovetz stated that he was seeking a variance to the required 15 foot requirement for a front yard setback to 7 ft. 6 in. because the existing structure is presently located at a 7 ft. 6 in. set- back. He further stated that when the original tract map was approved, variances had been sought at that time for several homes reduction in front yard setback, and were subsequently approved. He is now asking for permission to construct a trellis along the front portion of the property. He also pointed out that an identical variance had been granted in the area recently. There being no other parties present to speak on the application, the public hearing was closed. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Three Board discussion ensued. Secretary Spencer stated that the proposed open trellis and the fact that the wrought iron fence at 7-1/2 ft. setback would coincide with the setback of neighbor- ing property structures. Findings and condition of approval were discussed. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 79-50 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITION, BY THE FOLLOWING VOTE: FINDINGS- 1. An open trellis coupled with the proposed wrought iron fence at 7-1/2 ft. setback would coincide with the setbacks of adjacent property structures. 2. 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. 3. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 4. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 6. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 19, 1979, shall be the approved layout. In its approval action, the Board of Zoning Adjustments con- sidered the following issues relating to the conceptual plan: Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Four . Traffic circulation and drives; Lot layout; Lot area; Lot width and lot depth; Type of use and its relation the immediate vicinity; to property and improvements in . Past administrative action regarding this property. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-35 Applicant: Family Home Builders, Inc. To permit the construction of a 18,832 sq. ft. office building located at the northeast corner of Graziadio Drive and Beach Boulevard. This request is covered by Negative Declaration No. 79-70. Mr. Ray Miller was present to represent the application. Chairman Crosby outlined the proposal to the Board. The public hearing was opened. Chairman Crosby expressed concern,as cited by the Traffic Engineer over the two proposed driveways along Beach Boulevard. He stated that the Traffic Engineer recommends that one of the two drives be deleted due to possible traffic problems that may occur. Secretary Spencer felt that if one of the two drives were deleted, severe traffic congestion would result in the proposed commercial center. He further stated that the proposal was within substantial ordinance code conformance, i.e., sufficient parking, landscaping, no activity problems between commercial and residential (sufficient buffer proposed), and location of trash receptacles. Mr. Ott felt the need for "NO PARKING" signs and a red painted curb along the north side and south side of Building "C". Mr. Ray Miller addressed the Board and stated that he would like to see the two driveways remain as proposed to facilitate the center, especially the two fast food restaurants proposed. There being no other parties present to speak on the application, the public hearing was closed. Further discussion ensued around the proposed two driveways along Beach Boulevard. Secretary Spencer felt that the Traffic Engineer should reevaluate the impacts on the proposed activity to possibly find that two drives are needed along that portion of the property. He further suggested a continuance to allow the applicant to meet with the Traffic Engineer to discuss the driveway situation. Applicant and Board concurred with the continuance. 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Five ON MOTION BY SPENCER AND SECOND BY OTT USE PERMIT NO. 79-35 WAS CONTINUED TO NOVEMBER 14, 1979, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-107 Applicant: Sam Sogoian To permit the construction of a professional office building located on the south side of Warner Avenue, approximately 292 feet east of Bolsa Chica Street. This application is covered by Negative Declaration No. 79-72. Mr. Sogoian was present to represent the application. Secretary Spencer outlined the proposal to the Board. He stated that the plan check revealed sufficient parking and landscaping, however, a deficiency exists in the required turning radius from 25 feet shown and 27 feet required. Redesign of the proposal was discussed and it was noted that a tentative parcel map would have to be filed in order to eradicate an existing lot line now in existance. The applicant and the Board thought it best to continue the application for one week to allow the applicant time to revise his plans to meet turning radii requirements. ON MOTION BY SPENCER AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 79-107 WAS CONTINUED TO NOVEMBER 14, 1979 BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-51 Applicant: Ron Montgomery To permit a two foot encroachment into the required five foot main accessway located on the west side of Alabama Street, ap- proximately 75 feet north of Atlanta Avenue. IN CONJUNCTION WITH: Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Six CONDITIONAL EXCEPTION NO. 79-52 Applicant: Ron Montgomery To permit a two foot encroachment into the required five foot main accessway located on the west side of Alabama Street, ap- proximately 100 feet north of Atlanta Avenue. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 79-53 Applicant: Ron Montgomery To permit a two foot encroachment into the required five foot main accessway located on the west side of Alabama Street, ap- proximately 125 feet north of Atlanta Avenue. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 79-54 Applicant: Ron Montgomery To permit a two foot encroachment into the required five foot main accessway located on the west side of Alabama Street, ap- proximately 150 feet north of Atlanta Avenue. These applications are categorical exemptions, Class 5, California Environmental Quality Act, 1970. Secretary Spencer introduced the applications to the Board pointing out that the applicant was requesting a -two foot encroachment into the required five foot main accessway. He further pointed out that the required side yard setback in that district is three feet, and that the applicant meets that code requirement. The public hearing was opened on Conditional Exception Nos. 79-51, 79-52, 79-53, and 79-54. Mr. Jim Van Derhyden,representing the applicant, addressed the Board and stated that the proposal would not be detrimental to adjacent property owners in that he was requesting a variance only from the required five foot main accessway requirement and not a side yard reduction. He further stated that the property in question did not have alley access and that the code had been written for alley access to the rear rather than front garage structures. Mrs. Josephine Holly addressed the Board stating that she was an adjoining property owner and objecting to the encroachment because she felt a three foot side yard setback was too close. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Seven Mr. Spencer explained to Mrs. Holly that the code allowed a three foot side yard setback and that the applicant was requesting an exception to the required five foot main accessway only. There being no further parties present to speak on the application, the public hearing was closed. Board discussion ensued. It was the consensus of the Board that a precedent has been established in that area for main accessway encroachment and that the application should be granted. Findings and conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY CROSBY,CONDITIONAL EXCEPTION NO. 79-51 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The code provisions contained in the "Old Town Specific Plan" were designed primarily to apply to lots with alley access. In the absence of such access on the subject property, applicant cannot comply with the Code and provide front on garages. To meet main accessway setback requirements and provide minimum width for garage would be a dimensional impossibility. 2. Adequate access is provided into the dwelling units through the front -on garages to permit moving of furniture, appliances, etc. 3. Granting of this conditional exception will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvements of property in the vicinity. 4. Granting of this conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. Granting of this conditional exception does not constitute a grant of special privilege from other properties in the vicinity as other similar applications have been approved. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 23, 1979, shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Eight B. GENERAL CONDITIONS: 1. The proposed unit shall be limited to one central source of heating. 2. The garage door itself shall be a minimum of 16-1/2 feet in width. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ON OND BY NO. 79152 WASBY SPENCER APPROVEDNWITHCTHE FOLLOWING,CONDITIONAL FINDINGS AND CONDITIONS, NO BY THE FOLLOWING VOTE: FINDINGS: 1. The code provisions contained in the "Old Town Specific Plan" were designed primarily to apply to lots with alley access. In the absence of such access on the subject property, applicant cannot comply with the Code and provide front on garages. To meet main accessway setback requirements and provide minimum width for garage would be a dimensional impossibility. 2. Adequate access is provided into the dwelling units through the front -on garages to permit moving of furniture, appliances, etc. 3. Granting of this conditional exception will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvements of property in the vicinity. 4. Granting of this conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. Granting of this conditional exception does not constitute a grant of special privilege from other properties in the vicinity as other similar applications have been approved. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 23, 1979, shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Nine B. GENERAL CONDITIONS: 1. The proposed unit shall be limited to one central source of heating. 2. The garage door itself shall be a minimum of 16-1/2 feet in width. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 79-53 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The code provisions contained in the "Old Town Specific Plan" were designed primarily to apply to lots with alley access. In the absence of such access on the subject property, applicant cannot comply with the Code and provide front on garages. To meet main accessway setback requirements and provide minimum width for garage would be a dimensional impossibility. 2. Adequate access is provided into the dwelling units through the front -on garages to permit moving of furniture, appliances, etc. 3. Granting of this conditional exception will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvements of property in the vicinity. 4. Granting of this conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. Granting of this conditional exception does not constitute a grant of special pr.ivile(le Er.om other properties in the vicinity as other similar applications have been approvea. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 23, 1979, shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Ten B. GENERAL CONDITIONS: 1.' The proposed unit shall be limited to one central source of heating. 2. The garage door itself shall be a minimum of 16-1/2 feet in width. AYES: Spencer, Crosby, Ott NOES: _None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 79-54 WAS APPROVED WITH -THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The code provisions contained in the "Old Town Specific Plan" were designed primarily to apply -to lots with alley access. In the absence of such access on the subject property, applicant cannot comply with the Code and provide front on garages. To meet main accessway setback requirements and provide minimum width for garage would be.a dimensional impossibility. 2. Adequate access is provided into the dwelling units through the front -on garages to permit moving -of furniture, appliances, etc. 3. Granting of this conditional exception will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvements of property in the vicinity. 4. Granting of this conditional exception will not adversely affect the General Plan of the City of -Huntington Beach. 5. Granting of this conditional exception does not constitute a grant of special privilege from other properties in the vicinity as other similar applications have been approved. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 23, 1979, shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Eleven B. GENERAL CONDITIONS: 1. The Proposed unit shall be limited to one central source of heating. 2. The garage door itself shall be a minimum of 16-1/2 feet in width. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-55 Applicant: Kathleen Johnson To permit a five foot encroachment into corner cutoff located on the southwest corner of 21st Street and Pecan Avenue. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Ms. Johnson was present to represent the application. Secretary Spencer introduced the application to the Board. The public hearing was opened. Ms. Johnson outlined her proposal to the Board as requesting an encroachment for a proposed house into the corner cut off. There being no other parties present to speak on the application, the public hearing was closed. Secretary Spencer suggested a continuance of this application to allow a Code Amendment No. 79-6 to be heard by the Planning Commission on November 20, 1979. Board and applicant concurred with a two week continuance. ON MOTION BY SPENCER AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 79-55 WAS CONTINUED TO NOVEMBER 21, 1979, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, November 7, 1979 Page Twelve THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4�arles P. Spe r, Secretary Board of Zon' Adjustments 1