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Home My WebLink About1979-12-12I I MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 12, 1979 - 1:15 P.M. BOARD MEMBERS: Lipps, Tindall, Kelly OTHERS PRESENT: Crosby, Noble MINUTES: ON MOTION BY LIPPS AND SECOND BY NOBLE, THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Lipps, Noble NOES: None ABSENT: Burney ABSTAIN: Tindall, Kelly ON MOTION BY LIPPS AND SECOND BY CROSBY, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby NOES: None ABSENT: Ott ABSTAIN: Tindall, Kelly ON MOTION BY LIPPS AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 79-59 (Cont. from 12/5/79) Applicant: Dewey Rudolph To permit a three (3) foot encroachment into the required sideyard setback located at 16180 Bimini Lane, approximately 350 yards from Edinger Stret. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Minutes: H.B. Board of Zoning Adjustments Wednesday, December 12, 1979 Page Two Messrs. Rudolph and Verdult were present to represent the appli- cation. Chairman Tindall outlined the proposal to the Board and noted that the application had been continued to allow the applicant to be present at the meeting. The public hearing was opened. Secretary Lipps questioned the applicant as to why a request for conditional exception was made due to the fact that the applicant has a sizeable rear yard and could build his structure to proper setback requirements. Mr. Verdult stated that the back yard was not as sizeable as depicted in the drawing, that in fact it would be more aesthetically pleasing if the structure could be placed as close to the property line as possible. He further said that the structure would not obstruct the view of any neighbors, and that a public walkway existed at the other side of the wall where the structure is proposed. He further stated that the Homeowners' Association had reviewed the proposal and given their approval. There being no other parties to speak on the application, the public hearing was closed. Board discussion ensued. Secretary Lipps stated that the Board is charged with finding a hardship for the granting of a conditional exception, and further explained the meaning of "hardship" to the applicants. Chairman Tindall thought that the property might have a unique character in that it abuts a common open area which separates the neighbors and the property in question. Board member Kelly felt that the proposal would not be a detri- ment to the neighborhood, however, could not find a justifiable hardship in granting of the request. Alternatives to the proposal were discussed, whereby the appli- cant could relocate the structure and meet Ordinance Code require- ments. ON MOTION BY LIPPS AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 79-59 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: 1. The applicant did not demonstrate justifiable hardship. 2. The lot size and configuration are not unique when compared to adjacent lots in the tract. Minutes: H.B. Board of Zoning Adjustments Wednesday, December 12, 1979 Page Three 3. The structure could be built to requirements of setback regu- lations of the Huntington Beach Ordinance Code in the R-1 zone. AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 79-39 Applicant: Bill Bever To permit a family fun center, including coin operated pinball machines, etc. located on the west side of Main Street, approxi- mately 50 feet south of Walnut Avenue. This application is a categorical exemption, Class I, California Environmental Quality Act, 1970. Mr. Bill Beyer, the applicant, was present. Secretary Lipps introduced the application to the Board, citing that the building had been occupied previously by a restaurant, poster shop, and various other uses. He also said that the Board had granted three similar uses in this vicinity. The public hearing was opened. Mr. Bill Beyer addressed the Board and stated that he was attempting to establish a family fun center with constant adult supervision which will include pinball machines, video games, air hockey, fuzball, popcorn machines, etc. in a cheerful carpeted location. Parking was discussed and it was the consensus of the Board to request one parking stall in the rear of the property and also a bicycle rack at the rear. Secretary Lipps stated that the Board had received one letter of objection. . There being no other parties present to speak on the application, the public hearing was closed. Board discussion ensued. Secretary Lipps noted that a precedent had been established in the downtown area for such a use. The hours of operation were discussed, whereby the applicant proposed the hours to be from 10 am to 10 pm. on weekdays and on weekends the hours of operation would be from 10 am to Midnight. Minutes: H.B. Board of Zoning Adjustments Wednesday, December 12, 1979 Page Four Chairman Tindall expressed his hesitancy in approving this type of a use in the downtown area. ON MOTION BY LIPPS AND SECOND BY KELLY, USE PERMIT NO. 79-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING 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 General 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 OR OCCUPANCY: 1. The conceptual plot plan and elevations, received November 21, 1979 shall be the approved layout, subject to the modifications des- cribed herein: a. Revise plan to show location and number of parking spaces and bicycle rack at rear of building. 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 lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property I L� I Minutes: H.B. Board of Zoning Adjustments Wednesday, December 12, 1979 Page Five B. GENERAL CONDITIONS: 1. Provide a minimum of parking spaces at rear of building and a minimum of bicycle racks. Racks to be placed so as not to interfere with opening of car doors. 2. Building to comply with Development Services, and Fire Department regulations particularly with reference to Section 302 of the Uniform Building Code 1973 edition abatement of dangerous buildings. 3. This approval shall be subject to review twelve months from date of approval by the Board of Zoning Adjustments. AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None MISCELLANEOUS: EXTENSION OF TIME - for six (6) months - BUILDING PERMIT #A30626 Applicant: Huntington Intercommunity Hospital To permit an extension of time for six months for a temporary trailer on premises of Huntington Intercommunity Hospital located at 17772 Beach Boulevard, Huntington Beach, Ca. Board reviewed the request and found same to be within code conformance. ON MOTION BY LIPPS AND SECOND BY KELLY, BUILDING PERMIT #A30626 WAS EXTENDED FOR SIX (6) ADDITIONAL MONTHS, BY THE FOLLOWING VOTE: AYES: Lipps, Kelly, Tindall NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Walter Lipps, Secretary Board of Zoning Adjustments