Loading...
HomeMy WebLinkAbout1980-05-28MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, MAY 28, 1980 - 1:15 P.M. BOARD MEMBERS: Spencer, Crosby, Ott Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. MINUTES: ON MOTION BY SPENCER AND SECOND BY OTT, THE MINUTES OF THE REGULAR MEETING OF MAY 14, 1980 WERE DEFERRED TO JUNE 4, 1980 AYES: Spencer, Ott, Crosby NOES: None ABSENT: None AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 80-18 Applicant: Robert/Mary Mizer To permit an encroachment of five (51) feet into the ten (101) foot required side yard located on the east side of Adrian Circle approximately 435 feet north of Hazelbrook Drive. This request is a categorical exemption Class 5, California Environ- mental Quality Act, 1970. Chairman Crosby introduced the application to the Board.. Secretary Spencer briefly outlined the applicant's request. Secretary Spencer explained that in order to grant approval of a Conditional Exception, the applicant must establish a hardship, other than financial (special circumstances regarding size, shape, location or by depriving the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications). Mr. and Mrs. Mizer were present to represent the application. Chairman Tindall opened the public hearing. Mr. Mizer stated that as his family was expanding additional space was needed. He further stated that because of the current finacial situation, moving to a larger home was not feasible at this time. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS May 28, 1980 Page 2 Secretary Spencer noted that the request_ would exceed the normal separation between adjacent structures. He suggested that the applicant explore the possibility of locating the proposed addition elsewhere on the property. Mrs. Mizer stated that that would make for an awkward and inconvenient floor plan. She further stated that the homeowners association would not allow for upward expansion. Fire representative Mel Ott stated that the application did not meet fire code requirements. He noted a greater possibility existed of adjacent buildings catching fire much quicker and easier with less than ten (10') feet separation. He further stated that because there were alternatives avaiable, the reasons given by the applicant did not establish a reasonable hardship. Mrs. Mizer stated that other homes in the area appear to have less than a ten (10') foot separation between dwellings. Mr. Spencer explained that a ten (101) foot separation is normal throughout the City within like zone classification. Mr. Mizer questioned why the Board did not consider the financial aspect as hardship. Secretary Spencer explained that the Board is bound in its mandatory findings in that exceptional, extraordinary or conditions applicable to the land, building, or premises must be demonstrated. Further discussion ensued. There being no other parties present to speak, the public hearing was closed. It was the consensus of the Board that the proposed addition would establish a precedent and constitute a special privilege. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 80-18 WAS DENIED AS THE APPLICANT FAILED TO DEMONSTRATE THE MANDATORY HARDSHIP NECESSARY IN APPROVING A CONDITIONAL EXCEPTION APPLICATION. AYES: None NOES: Spencer, Crosby, Ott ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS May 28, 1980 Page 3 ADMINISTRATIVE REVIEW NO. 80-17 Applicant: Bob Schulman Realty, Inc. To permit the construction of a 40,500 sq. ft. office building located on the west side of Beach Blvd. approximately 420 feet north of Ellis Street. This application is covered by Negative Declaration No. 79-79 pre- viously approved. In Conjunction With: CONDITIONAL EXCEPTION NO. 80-17 Applicant: Bob Schulman Realty, Inc. To permit a 10% increase in height located on the west side of Beach Boulevard approximately 420 feet north of Ellis Street. This request is a categorical exemption Class 5, California Environ- mental Quality Act, 1970. Chairman Crosby introduced the application. Secretary Spencer briefly outlined the request. Mr. Richard Dell was present to represent the application. Chair- man Crosby opened the public hearing. Chairman Crosby discussed the drainage with the applicant. He stated that a required 3/4 of the lot must drain away from Beach Blvd. (to the west). Mr. Dell stated that the building was designed with subterreanean parking and that the drainage may now be a problem. Secretary Spencer noted that the parking ratio used was 1 space per 300 sq. ft. and therefore be deficient if more intense uses such as medical suites were proposed. He noted that C-2 uses are allowed in a C-4 zone subject to the same provisions regulating such uses. As a C-2 use would allow•a fifty (50') foot height limitation, the proposed 10% or 3h foot extension would not create an adverse impact upon existing developments within the area. The Board discussed Conditions of Approval. Chairman Crosby closed the public hearing. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS May 28, 1980 Page 4 ON MOTION BY SPENCER AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 80-18 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 April 30, 1980 shall be the approved layout, subject to the modification described herein: a. A drainage plan shall be submitted to and approved by the Department of Public Works prior to issuance of building permits. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modif- ication 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. 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 landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS May 28, 1980 Page 5 B. GENERAL CONDITIONS: I. The applicant shall limit occupancy to general office/ professional uses with medical uses being prohibited. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 80-18 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The granting of this application is found not to constitute a special privilege inconsistnet with other property in the vicinity. 2. The granting of this approval is found not to be detrimental to the public welfare or injurious to property in the same zone. 3. The granting of this application is found not to have an adverse affect upon the General Plan. REASONS: 1. The C-4 zone allows all uses allowed in a C-2 zone, subject to the provision that all regulations such as height, setbacks, etc. comply with C-2 zoning criteria. 2. As C-2 zoning uses would allow a fifty (501) foot height limitation, the proposed 10% or 3h% extension would not create an adverse impact upon existing development patterns along Beach Blvd. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received April 30, 1980 shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Minutes: H.B. BOARD OF ZONING ADJUSTMENTS May 28, 1980 Page 6 - 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 SPECIAL EVENT NO. 80-15 Applicant: So. Huntington Beach Junior All American Football Organization To permit the use of Lake Park for a pancake breakfast, August 10, 1980 from 6:00 A.M. to 3:00 P.M. The Board discussed Conditions of Approval. ON MOTION BY SPENCER AND SECOND BY CROSBY, SPECIAL EVENT NO. 80-15 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received May 12, 1980 shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An on -site inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Crosby, Spencer, Ott NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. Secretary Board of Zoning Adjustments