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HomeMy WebLinkAbout1980-08-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, AUGUST 27, 1980 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby, Vasile MINUTES: The Minutes of the Regular Meetings of August 6, and August 13, 1980 Were Deferred to the Meeting of September 3, 1980 REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 80-38 (Continued from 8/13/80) Applicant: C.L. Iverson To permit a driveway entrance to the garage from an arterial and not from an adjacent alley located on the southeast side of 7th Street at 402 7th Street. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Mr. C.L. Iverson was present to represent the application. Secretary Lipps briefly explained the proposal to the Board. He noted that the members of_the Board had made a field survey of the area in question. He further stated that the Board had researched several other alternative locations, other that an Orange Avenue access. Mr. Iverson stated that the request was to replace a two (2) car garage which had been destroyed and an addition to an existing dwelling. He noted that the access would be from Orange Avenue, where the garage had previously existed. Secretary Lipps noted that the subject location is actually two (2) parcels with one (1) dwelling on each parcel. The proposed garage would be situated, on the parcel line, requiring the filing of a parcel map prior to actual construction. He further stated that the applicant had been allowed to file an improper application, and recommended that the applicant withdraw his request from the Board of Zoning Adjustments and file a request to the Planning Commission for'the-replacement of the garage and addition to the existing dwelling. There being no other parties present to speak, Chairman Crosby closed the public hearing. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 2 ON MOTION BY CROSBY AND SECOND BY LIPPS,-CONDITIONAL EXCEPTION NO. 80-38 WAS WITHDRAWN BY THE APPLICANT ON THE RECOMMENDATION THAT THE APPLICANT FILE A REQUEST WITH THE PLANNING COMMISSION. AYES: Crosby, Lipps, Vasile NOES; None. ABSENT: None CONDITIONAL EXCEPTION NO. 80-36 Applicant: Wes/Starr Warvi To permit a reduction in setback from 30 feet to 28 feet located on the west side of Chemical Lane at the corner of System and Chemical. This request is a categorical exemption Class 3, California Environmental Quality Act, 1970. The applicant was not present to represent the application. The Board discussed the application. It was the consensus of the Board that the hardship was imposed by the previous owner, and the present owners were aware of the Conditions imposed upon the property, the Board could not find adequate hardship to grant approval of the application. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 80-36 WAS DENIED BY THE BOARD OF ZONING ADJUSTMENTS FOR THE FOLLOWING REASONS: REASONS FOR DENIAL: f The hardship on this property was imposed by the previous owner who filed Tentative Parcel Map No. 76-44 creating the existing lot configuration and the substandard lot frontage. In order to approve this reduction in lot frontage, it was necessary that the applicant also receive approval of an administrative review including a precise site plan. Since the plan submitted by the current owner of the property proposed additional square footage, as well as a different orientation of the building from that previously approved, and the reorientation does not provide adequate setback and access to the rear of the building, the only hardship is one'of. design. AYES: Lipps, NOES: None ABSENT: None Crosby, Vasile Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 3 CONDITIONAL EXCEPTION NO. 80-45 Applicant: Ladd Summerfelt To'permit a garage encroachment of 618" into required 22' setback located at 10442 Kamuela Street. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Mr. -Ladd Summerfelt was present to represent the application. Secretary Lipps briefly explained the application. Chairman Crosby opened the public hearing. Mr. Summerfelt stated that he wished to convert the existing garage area into a specially equipped area for his handicapped child. Another garage would be necessary to avoid vandalism. He stated that his cars had been vandalised several times, when left outside. Chairman Crosby briefly explained the guidelines of granting a Conditional Exception. Secretary Lipps noted that there were several options other than converting the existing garage into a livable area, therefore making it necessary to construct a garage. He sited the addition of a second story, or building to the rear of the house. Mr. Summerfelt stated that a swimming pool is located in the back yard, there- fore, impossible to build at the rear of the property. •It was noted that there had been no similar requests in the area granted by the Board. There being no other parties present to speak, the public hearing was closed. ON MOTION BY LIPPS, AND SECOND BY VASILE, CONDITIONAL EXCEPTION NO. 80-45 WAS DENIED BY THE BOARD OF ZONING ADJUSTMENTS FOR THE FOLLOWING REASONS: REASONS FOR DENIAL: 1. There is not sufficient hardship to permit this exception since there is an existing garage that can be enlarged and storage or living area can be provided elsewhere on the site. 2. To approve this exception would be a grant of special privilege inconsistent upon other properties in the vicinity and would set an unacceptable precedent. AYES: Lipps, Crosby, Vasile NOES: None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 4 CONDITIONAL EXCEPTION NO. 80-47 Applicant: Stephen Downs To -permit an opening on a concrete block wall between R2 and R5 property and to construct a stair one (1) foot from sideyard located on the north side of Dunbar, approximately 500+ feet from Bolsa Chica. This request is a categorical exemption Class 1, California Environmental Quality Act, 1970. Stephen Downs, Ken Moody and Ron Burns were present to represent the application., Secretary Lipps outlined the proposal. It was noted that the applicant owns both pieces of property. It was noted that the stairway,that is being requested is -already constructed (a secondary stairway was required by the Fire Department at the time of construction), however, the location of the stairway.was modified by the applicant. Fire Department Representative Vasile recommended several alternatives for adequate fire access such as zemoving a portion of the block wall or total removal, or construct a 36 inch unlockable gate between properties. Mr. Downs stated that access, -maintenance, parking and storage would be more convenient with an opening in the block wall and'the stairway between the property. Mx. Ken Moody, representing the applicant submitted photographs of the subject property and a document granting a,five foot easement from an adjacent property owner which would allow for easier access at the location of the_stairway-in relation .to the building. There being no other parties -present to speak, Chairman Crosby closed the public hearing. Further Board discussion ensued. It was the consensus of the Board that the request of the.stairway should be denied'as-the hardship was'self-imposed due to the design and placement of the building, and that the request of an opening in the block wall be approved to allow the property owner more reasonable access to his own property. ON MOTION BY LIPPS AND SECOND BY CROSBY THE BOARD APPROVED A PORTION OF THE REQUEST TO ALLOW AN OPENING IN AN EXISTING BLOCK WALL AND TO DENY THE REQUEST OF A STAIRWAY ONE (1) FOOT FROM THE SIDEYARD. FINDINGS FOR APPROVAL OF A PORTION OF REQUEST: 1. The granting of that portion of the Conditional Exception request concerning the opening,in the required masonry wall is justified in that it assures a property right to the applicant of access from one portion of his property to another. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 5 REASONS FOR DENIAL OF A PORTION OF REQUEST: ,1.1 The denial of that portion of the Conditional Exception that - concerns the encroaching stairway is based upon the fact that the only hardship is self-imposed due to the affirmative action of the applicant in the design, construction and placement of the subject building. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 14, 1980 shall be the approved layout, subject to the modifications described herein: a. Applicant shall provide a plan showing the opening in the masonry wall, in its present location and construction for placement in this administrative file. 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 part of the administrative file. 13. GENERAL CONDITIONS: Ott 1. The applicant of the request for an opening in the required masonry wall shall run concurrently with the time the present ownership of the properties on either side of the wall served by said opening remains as of this date. At such time as either property is sold or conveyed to another party, the wall shall be restored to meet the Huntington Beach Ordinance Code requirements. AYES: Lipps, Crosby, Vasile NOES: None 'ABSENT: None "CONDITIONAL EXCEPTION NO. 80-41 'Applicant: Donald/.Janet Lee Tetzlaf€ To permit a reduction in garage from 18' wide to 1711" wide located on the south side of Riverside Circle at 18192 Riverside Circle. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Mr. and Mrs. Tetzlaff were present to represent the application. Secretary Lipps briefly outlined the application, noting that the applicant had enclosed a portion of a three car garage encroaching 11" into the required garage area. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 6 Chairman Crosby opened the public hearing. Mr. and Mrs. Tetzlaff were -present to represent the application. Mr. Tetzlaff noted that the inside dimension of the portion being used as an office is 8110" which would not be adequate space for a third car. He also noted that the wall could be removed at such time as the home would be sold, reverting back to the original intent. He further stated that there is no visabile change to the exterior of the garage. Secretary Lipps noted that the building could not be signed off by the Building Division as the dimension did not conform to standard building code. He further stated that the office could have been construced so as not to encroach into the required garage area. The:ro being no other parties present to_speak, Chairman, Crosby closed the public hearing. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 80-41 WAS DENIED BY THE FOLLOWING VOTE, FOR THE FOLLOWING REASON: REASON FOR DENIAL: 1. The granting of.this exception would be a grant of special privilege inconsistnet upon other properties in the vicinity since it is possibl to construct the office addition without encroaching into the minimum garage width. AYES: Lipps, Crosby NOES: None ABSTAIN: Vasile ADMINISTRATIVE REVIEW NO. 80-50 Applicant: Arco Gunite, Inc. To permit a storage yard for construction equipment located on the east side of Metzler Lane, approximately 344 feet south of Slater. Mr. Dean Norton and Mr. Bill Hartge were present to represent the application.' Secretary Lipps introduced the application to the Board. It was noted that the request was within substantial ordinance code 'conformance. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 7 .Board discussion ensued regarding area designated for storage of equip- ment. ON MOTION BY LIPPS AND SECOND BY VASILE, ADMINISTRATIVE REVIEW NO. 80-50 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 received August 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 immeidate 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 equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Storage shall be limited to the rear 2/3 of the lot in conformance with Section 9515 of the Huntington Beach Ordinance Code. AYES: Crosby, Lipps, Vasile NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 80-563 Applicant: Phil Zisakis To permit the creation of a lot for commercial use located on the north- west corner of Cypress Avenue and Beach Boulevard. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS August 27, 1980 Page 8 Secretary Lipps recommended referral to the Planning Commission to,be heard.in conjunction with Use Permit No. 80-9. ON MOTION BY LIPPS AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 80-563 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 1980 TO BE HEARD IN CONJUNCTION WITH USE PERMIT NO. 80-9. AYES:- Lipps, Crosby, Vasile NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. Walter Lipps, Secretary Board of Zoning Adjustments