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HomeMy WebLinkAbout1980-04-23MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. 92648 WEDNESDAY, APRIL 23, 1980 - 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Ott REGULAR AGENDA ITEMS: PLOT PLAN AMENDMENT NO. 80-3 Applicant: Mansion Properties, Inc. To permit a plot plan amendment to a previously approved residential development located southwesterly of Huntington Seacliff Golf Course (Goldenwest and Palm). This request is a categorical exemption, Class V, California Environmental Quality Act, 1970 The Chairman opened the public hearing. Mr. Dave Eadie, was present to represent the application. Mr. Eadie outlined the project stating that because 38th Street is being redesigned (straightened) and several changes were imposed by the California Coastal Commission, making a Plot Plan Amendment necessary. He further stated that because of the changes, the plan had been improved. Five (5) units, which were on the 38th Street boundary were relocated throughout the project. Product C was also being reworked to improve the plan. Also, the proposal includes twice as much open space as required, and 1/3 less density as allowed by City Code. He felt that the plan met all the requirements of a good project. Mr. Tindall expressed his concern of the lack of specifics and suggested an additional analysis between the original plan and the proposed Plot Plan Amendment. Mr. Eadie stated that the plan meets the criteria needed for approval as the application meets all requirements of an improved plan (improved radius and street plan, open space, landscaping, etc.). The concensus of the Board was that the application should be continued one week in order to allow Staff time to investigate the application further. There being no other parties present to speak, Chairman Tindall closed the public hearing. Minutes: H.B. Board of Zoning Adjustments April 23, 1980 Page 2 ON MOTION BY TINDALL AND SECOND BY SPENCER, PLOT PLAN AMENDMENT NO. 80-3 WAS CONTINUED TO APRIL 30, 1980 BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-11 Applicant: Kenneth C. Cho To permit the three and one-half (3.5) foot zeduction of a required twenty-two (22') foot setback for a garage entered directly from a street located at 17022 Marina Bay Drive, Huntington Beach, CA. This request is a categorical exemption, Class V, California Environmental Quality Act, 1970. Secretary Spencer outlined the application to the Board. Chairman Tindall opened the public hearing. Mr. Kenneth Cho, the applicant was present to represent the application. Mr. Cho stated that the request would allow entrance to the garage from the front instead from the side, which would allow easier access. He further stated that the Homeowners Association approved of the request, as it would not detract from the property. Mr. Tindall expressed his concern that vehicles would possibily over- hang while opening and closing the door, and suggested that an automatic garage door opener be required as part of the Conditions of Approval. Mr. Cho stated that the garage was already equipped with the automatic device. As there were no other parties present to speak on the application, Chairman Tindall closed the public hearing. ON MOTION BY SPENCER AND SECOND BY OTT, CONDITIONAL EXCEPTION NO. 80-13 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The granting of this Conditional Exception does not constitute a granting of special privilege in that vehicles parked on the driveway will not overhang a public right-of-way. 2. The approval is found not to have an adverse affect on the City's General Plan. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received April 2, 1980 shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments April 23, 1980 page 3 In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - Parking layouts; - 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. B. GENERAL CONDITIONS: 1. Applicant shall construct garage door to allow minimum of twentytwo (22') feet clearance between door and back of curb. 2. Said garage door to be fitted with an automatic door opener. AYES: Spencer, Tindall, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-11 Applicant: Parking Company of America In conjunction with: ADMINISTRATIVE REVIEW NO. 80-14 Applicant: Parkin Company of America To permit the utilization of a leasehold interest as a seasonal parking lot from May 26, 1980 to September 1, 1980 located on the northeast corner of Pacific Coast Highway and Newland Street. These requests are categorical exemptions, Class V, California Environmental Quality Act, 1970. Secretary Spencer briefly outlined the application for the Board. He stated that the application was an approved use and had been approved previously with imposed Conditions. Chairman Tindall stated that a sewer project was planned for Newland ! Street during August and September which would affect the,access to the parking compound. At that time, an alternative access from Newland would have to be coordinated with the Orange County Sanitation District. He further stated that access from Pacific Coast Highway would be prohibited. There being no other parties present to speak on the public hearing, the public hearing was closed. j I i Minutes: H.B. Board of Zoning Adjustments April 23, 1980 Page 4 ON MOTION BY SPENCER AND SECOND BY OTT, CONDITIONAL EXCEPTION NO. 80-11 AND ADMINISTRATIVE REVIEW NO. 80-14 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. As the applicant is operating under a short term lease with a public utility (Edison) and that Utility is contemplating a future expansion into the requested area which would necessitate the removal of any permanent improvements, it is found to be a hardship to require street improvements for superficial and temporary uses.. 2. Subject use is conditioned so that proposed use shall expire day after Labor Day, 1980. Granting of this application will not adversely affect the City's General Plan. 3. The application is found not to be materially detrimental to the public welfare or injurious to property in the same zone classification. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received March 21, 1980, 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. B. GENERAL CONDITIONS: 1. Signs to be posted clearly indicating access location off Newland Street. No access to be permitted off Pacific Coast Highway. 2. Driveway approach off Newland Street shall be repaired with asphalt to provide a level entryway. 3. Surfacing of parking lot shall be to the standards of the Department of Development Services. 4. Inspection of site for compliance with all foregoing Conditions shall be made prior to issuance of busindss license. This approval shall terminate the day after Labor Day, 1980. 1 Minutes: H.B. Board of Zoning Adjustments April 23, 1980 Page 5 5. Applicant shall contact the Orange County Sanitation District to coordinate an alternative driveway approach off Newland Street. 6. Access from Newland Street shall be prohibited at such time as construction for a sewer facility restricts access. 7. Width and placement of driveway on Newland shall be subject to the approval of the Traffic Engineer. Said approval shall be obtained at least ten (10) days prior to May 26, 1980. AYES: Tindall, Ott, Spencer NOES: None ABSENT: None SPECIAL EVENT NO. 80-13 Applicant: Worldwide Church of God To permit a rummage sale on June 8, 1980 from 10 A.M. to 3 P.M. located I at 7742 Edinger, Huntington Beach. The Board reviewed the proposal and noted that similar events had been held on this site with no problems resulting. Conditions of Approval were discussed. ON MOTION BY SPENCER AND SECOND BY TINDALL SPECIAL EVENT NO. 80-13 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received April 14,'1980 shall be the approved layout. 2. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. 3. An on -site inspection by the Fire Department shall be required prior to the event. AYES: Tindall, Spencer, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-12 Applicant: Art M. Nerio To permit an accessory building to encroach 118" into the rear yard setback and 2'6" into side yard setback located on the east side of Marina View Place, approximately 100 feet south of Orion (17122 Marina View Place). This request is a categorical exemption, Class V, California Environmental Quality Act, 1970. Mr. and Mr. Nerio were present to represent the application. I Minutes: H.B. Board of Zoning Adjustments April 23, 1980 ! Page 6 Secretary Spencer introduced the application to the Board noting that the structure had been erected, however, a building permit had never been issued. He further stated that the structure was located too close to the adjacent property line which is in violation of City's Ordinance Code. Mrs. Nerio addressed the Board stating the structure was extremely solid and well built. The building has no windows and would be used as a storage shed for tools and equipment which cannot be stored in the garage. Mrs. Nerio further stated that she was informed that a building permit was not required for a shed. Mr. Spencer stated that any structure over thirtysix (36') square feet is no longer considered a shed. The dimensions of the subject building is approximately eight (8') feet by twentysix (26') feet, and therefore considered a accessory building. Mr. Nerio stated that eighteen (18) signatures had been obtained from the surrounding neighbors approving the structure. Mr. Henderson, 17142 Marina View Place, immediately adjacent to the subject site, spoke in opposition of the application. He stated that the structure is too close to his -fence, and on several occassions the fence had been -used as a brace for lumber and tools, which was causing the fence to sag and break. He sited several instances where vegetati had been destroyed as a result of the building of the shed. Mr. Henderson stated that he had not been asked to sign the petition Mr. Nerio had presented to the Board. He further stated that the building could be moved away from the fence, which Mr. Nerio had insisted be six (6") inside (Mr. Henderson's) property line. Mr. Nerio stated that -the structure does not invade the privacy of the adjacent neighbors. There beach no other parties present to speak on the issue, the public hearing was closed. The Chairman outlined the procedure regarding Conditional Exceptions, noting that the Board must find that a hardship exists and no other options are available to the applicant. It was the consensus of the Board that no hardship exists and other options are available to the applicant (i.e. moving the structure to relocate on another portion of the property, as there is an abundance of available space). ON MOTION BY OTT AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 80-12 WAS DENIED BY THE FOLLOWING VOTE FOR THE FOLLOWING REASON: REASON: Applicant failed to demonstrate a hardship. i Minutes: H.B. Board of Zoning Adjustments April 23, 1980 i Page 7 i AYES: Tindall, Spencer, Ott NOES: None ABSENT: None i There being no further business, the meeting was adjourned. i i I es P. Spen , c etary Board of Zoning Adj stments i 0