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HomeMy WebLinkAbout1980-10-15MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, *Civic Center 2000 Mdin Street Huntington Beach, CA. WEDNESDAY, OCTOBER 15, 1980 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Crosby, Kelly MINUTES: ON MOTION BY CROSBY AND SECOND BY SPENCER, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17 WERE APPROVED BY -THE FOLLOWING VOTE: AYES: Spencer, Crosby NOES: None ABSTAIN: Kelly ON MOTION BY SPENCER AND SECOND BY KELLY THE MINUTES OF THE REGULAR MEETINGS OF OCTOBER 1, AND OCTOBER 8, 1980 WERE DEFERRED AYES: Spencer, Crosby, Kelly NOES: None - ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 80-38 Applicant: C.L. Iverson-.. To"permit driveway entrance.,to garage from an arterial and not from an adjacent alley located-on'.the southeast side of 7th Street at 402 7th Street. This application is a -categorical exemption Class 5, California Environ- mental Quality Act, 1970 Mr. C.L. Iverson and Mr. Gunnell were present to represent the application. Chairmain Crosby introduced the application to the Board. Secretary Spencer briefly outlined the request noting that the applicant desired to utilize.an existing drive approach, however, the Code mandates that_ access be from the alley in the Old Town area. He futher stated that the -:Board had met with the applicant at the site in order to discuss the alternatives. Mr. Iverson stated that he had been using the driveway for seventeen (17) years; and only wanted -to -replace a garage that had been destroyed. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980. Page 2 He further stated that access from'the alley would be impossible as a building -exists where access would be necessary. Fire Representative Kelly expressed concern regarding hazardous traffic conditions resulting from backing out of the drive onto the highly traveled Orange Avenue. He noted that the master plan of streets and highways eventually designates Orange Avenue as an arterial. Mr. Iverson stated that most homes along 7th Street also have drives off Orange Avenue,, as does,his driveway. He'stressed that he had been using the,drive apron even though the garage had been demolished.' Further Board discussion ensued. Chairman Crodby closed the public hearing. ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-38 WAS APPROVED WITH THE FOLLOWING FINDINGS, REASONS AND CONDITIONS OF APPROVAL. FINDINGS: 1. 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 as an existing drive is located on the subject property. 2. 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 as the physical arrangement of existing structure on the parcel prohibits access from adjacent alley. 3. The granting of a Conditional Exception is necessary.in order to preserve the enjoyment of.one or more substantial property rights. 4. The granting of a,Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classif- ication. 5. The -granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASON FOR APPROVAL: 1. As the physical arrangement of existing structure on applicant's parcel prohibits access from adjacent alley and access from the local street would create an undue hardship by placing the bulk of existing passive garden area into surfaced driveway. Coupled with the fact that the request is for a replacement of a previous garage structure which woul take access from an existing improved driveway. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 3 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: I. The conceptual plot plan and elevations received September 6,, 1980 shall'be the approved layout, subject to the modification described herein: a. A tentative parcel map to consolidate parcels into one shall be filed with the Orange County Recorders office. 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 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. B. 'GENERAL CONDITIONS: 1, Prior to final of•building permits, a parcel map shall be recorded by the Orange County Recorder and submitted to the Secretary of the Board. AYES:. Crosby, Kelly NOES: Spencer ABSENT: None USE -.PERMIT NO. 80-24 Applicant: C.L. Iverson, To permit an addition to a building having a non -conforming yard located at 402 7th Street. This -request is a categorical exemption Class 5, California Environmental nual-ity•Act, 1970. ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 80-32 WAS APPROVED WITH T9E FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL-'$Y THE FOLLOWING VOTE: FINDINGS: 1. The establishment,.maintenance and operation of the use will not be detrimental to: Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 4 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: 1. The conceptual plot plan and elevations received September 16, 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; -.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 comply with all pertinent Ordinance Code -requirements. AYES: Crosby, Spencer, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-36 Applicant: Donald Penkoff To permit truck -door to face local public street on the -.south side of Oceanus Avenue, approximately.741 feet west of Graham at.,5422 Oceanus. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer stated that a problem existed with the landscaping requirement. He noted that -the parking was at minimum, and the,drive approach already existed, making additional landscaping difficult., He recommended Use Permit No. 80-36 be continued in order to allow staff and the applicant to meet and discuss alternatives to the proposal. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 5 ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 80-36 WAS CONTINUED TO OCTOBER 22, 1980: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: 'None CONDITIONAL EXCEPTION NO. 80-51 Applicant: Frank/Isabel Montero To permit 1) a 114" encroachment into exterior side yard, 2) a reduction of one (1) required on -site parking space, 3) a two (2) foot encroachment into corner cut-off, 4) a seventy (70) sq. ft. reduction in the required recreation space, and 5) a five (5) foot encroachment into the required front setback. Subject location is located at 7611 Warner Avenue. In Conjunction with: j USE PERMIT NO. 80-35 Applicant: Frank/Isabel Montero To permit the construction of a duplex to abut an arterial highway. Secretary Spencer stated that the application was to be continued.•one week, as the applicant and staff will be meeting to discuss and resolve problems. CONDITIONAL EXCEPTION NO. 80-50 Applicant: Frank J. Shelton To permit a reduction of required number of parking spaces and the utilization of an off -site leased parking compound to satisfy a portion of required - parking located at 401 Main Street. In Conjunction with: ADMINISTRATIVE REVIEW NO. 80-30 Applicant: Frank J. Shelton To permit the establishment of an 8,812 sq. ft. roller skating rink located on the northeast corner of Main Street and Orange Avenue. This request is a categorical exemption Class 1, California Environmental Quality Act, 1970. Mrs. -Sylvia Shandrick, resident and property owner on Main Street, spoke in opposition of the project. Mrs. Shandrick was informed that the Board was referring the application to the Planning Commission. i ONMOTIONBY SPENCER AND SECOND BY CROSBY, THE BOARD REFERRED CONDITIONAL EXCEPTION NO. 80-50 AND ADMINISTRATIVE REVIEW NO. 80-30 TO THE PLANNING COMMISSION MEETING OF NOVEMBER 4, 1980. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 6 AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 80-51' Applicant: Meyer, Lasley, Wilkinson To permit additional 2,200 sq. ft. of storage space at —rear —of building located on the southeast corner'of Garfield and Magnolia- Secretary,Spencer stated that the applicant was requesting an addition_ of 2,200 sq-.-ft. for a refrigeration storage facility'behi'nd`an existing amket in'the Garfield Plaza. The applicant is requesting'a decrease in - parking to accomodate the facility, however, parking will -still be' _sufficient to meet the requirements. Conditions of Approval were discussed.' The applicant agreed,to limit the hours of delivery to between the hours -of 8 A:M.'to 7 P.M. and that the storage of trucks and trailers between the hours of'7 P.M. to-8 A.M. shall be prohibited.' ON'MOTION BY SPENCER AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. WAS -APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 80-51 1. The conceptual plot plan and elevations received_ October 7, 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. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 7 2. The following plan shall be submitted to the Secretary of the Board: 1. 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.; Delivery shall be -limited to the hours of 8:00 A.M. to 7 P.M. 2. There shall be no storage of -trucks and trailers at the rear of the site between the hours of 7 P.M. and 8 A.M. AYES: Spencer, Crosby, Kelly NOES=•' None ABSENT: None SPECIAL EVENT NO. 80-23 Applicant: Huntington Harbour Philharmonic Committee To permit the annual Symphony of Lights from December 13, 1980 to December 23, 1980 located at the Harbour Mall and surrounding area. The Board discussed the application, noting that the event had been -success- ful in the past and had had no serious problems. - ON MOTION BY SPENCER AND SECOND BY KELLY, SPECIAL EVENT NO. 80-23 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL:-- 1. The request received -September 23, 1980 shall be the approved layout.. 2. An on -site inspection by the Fire Department shall be required prior .-to the event. 3.- A, -certificate of insurance form shall.be filed in the Finance Department five (5) days prior to the event. AYES: Spencer, Crosby,•Kelly NOES:' None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 15, 1980 Page 8 THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. r_es P. Spencer, S e ary Board of,Zoning Adjulftments 9 1