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HomeMy WebLinkAbout1980-10-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Bea, CA. WEDNESDAY, OCTOBER 22, 1980 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Tindall, Kelly MINUTES: ON MOTION BY TINDALL AND SECOND BY KELLY, THE MINUTES OF OCTOBER 1, AND OCTOBER 8, 1980 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Tindall, Kelly NOES: None ABSTAIN: Lipps ON MOTION BY LIPPS AND SECOND BY KELLY, THE MINUTES OF OCTOBER 15, 1980 WERE DEFERRED AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 80-54 Applicant: James Darling, Architect To permit the construction of a two story, 30,500 sq. ft. building located on the south side of Bolsa Avenue, 5212 Bolsa Avenue. Secretary Lipps informed the Board that that applicant had requested that the application be continued one week to further solve the problem of parkinq and drive widths. ON MOTION BY LIPPS AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 80-54 WAS CONTINUED TO OCTOBER 29, 1980 BY THE FOLLOWING VOTE: AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 2 CONDITIONAL EXCEPTION NO. 80-52 Applicant: Donald Penkoff To permit truck doors to -face arterial highway located on the north side of Argosy, approximately 750 feet to Graham. This request is a categorical exemption Class 5, California Environ- mental Quality Act, 1970. Mr. Bob Miller was present to represent the application. Secretary Lipps briefly outlined the application. Chairman Tindall opened the public hearing. Mr. Miller stated that the facility would be used as a paint and body shop. The truck doors are necessary to allow access into the building. Only those vehicles to be repaired and painted will be allowed through the truck doors. He further stated that the drive approach already exists. Chairman Tindall expressed his concern regarding parking on the over -sized drive of unauthorized vehicles. Discussion ensued regarding hazardous traffic conditions should approval be granted. Secretary Lipps stated that the plan was also deficient in the requir amount of landscaping. Parking, however, is within compliance. The Board discussed alternatives with Mr. Miller, such as relocating other tenants in the building. Mr. Miller said that most options had been researched and found to be inadequate for the tenant. Chairman Tindall closed the public hearing. It was the consensus of the members that the hardship is one of design and would create a hazardous traffic situation, and the granting of the approval would be a grant of special privilege. ON MOTION BY LIPPS AND SECOND BY TINDALL, CONDITIONAL USE PERMIT NO. 80-52 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: REASON FOR DENIAL: The hardship is one of design, imposed by the owner/builder of the building. Approval of this exception would be a grant of special privileges inconsistent upon other properties in the vicinity and would set an unacceptable precedent. AYES: Tindall, Lipps, Kelly NOES: None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 3 USE PERMIT NO. 80-36 Applicant: Donald Penkoff To permit truck door to face local public street located on the south side of Oceanus Avenue, approximately 741 feet west of Graham (5422 Oceanus) This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Lipps briefly outlined the proposal, stating that the request is permitted with the approval of a use permit. He further stated that request is deficient on landscaping by approximately 400 sq. ft. Chairman Tindall opened the public hearing. Mr. Bob Miller was present to speak on the application. He stated that the building is used as a storage facility for a moving company. The request is specifically so that the large trucks can maneuver in and out of the building more easily. Chairman Tindall questioned the width of the drive approach. Mr. Miller stated that the drive approach was existing. Secretary Lipps stated that the drive approach could be redesigned, which would allow for the needed landscaping. Secretary Lipps stated that the proposal was also deficient in parking, however, as the building has been specified as strictly a storage facility, parking would be adequate. He stressed that the because of the restricted parking,�the building would be strictly a storage building. Discussion followed regarding parking on'site, particularly in front. of the truck doors. Chairman Tindall closed the public hearing. ON MOTION BY KELLY AND SECOND BY LIPPS, USE PERMIT NO. 80-36 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING 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. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 4 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received September 25, 1980 shall be the approved layout, subject to the modi- fications described herein: a. A revised plan shall be submitted to reflect required landscaping per Article 979 of the Huntington Beach Ordinance Code. b. Applicant shall submit a revised plan to show parking in compliance with Article 979. 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. 2. The following plan 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. GENERAL CONDITIONS: 1. Existing drive shall be redesigned to the Department of Public Works standards and 212 A & B. AYES: Tindall, Lipps, Kelly NOES: None ABSENT: None I Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 5 CONDITIONAL EXCEPTION NO. 80-51 Applicant: Frank/Isabel Montero To permit a 1) a 1'4" 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. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Lipps briefly outlined the application. Mr. John King was present to represent the application. Mr. King noted that he had been working with the City for over three years on this project. Further, that this lot was particularly hard to build -on because of the large amount of dedication to the City that is required. Chairman Tindall expressed his concern regarding the number of exceptions required to build, in particular the reduction in on -site parking. Fire Representative Kelly stated that the site was not desirable for a single family dwelling and that the proposed use would better accomodate the area. Further discussion followed, however, it was the consensus of the Board to deny the request. ON MOTION BY KELLY AND SECOND BY LIPPS, CONDITIONAL EXCEPTION NO. 80-51 WAS DENIED BY THE FOLLOWING VOTE, WITH THE FOLLOWING REASONS: REASONS FOR DENIAL: 1. All properties in the City are subject to street dedications at the time of development, therefore, there is no disparity between this property and similar properties in the immediate vicinity. 2. Because of the number of exceptions requested, it is apparent that the applicant proposes a more intense use than this parcel will realistically and practically accomodate. For this reason, the approval of this Conditional Exception would be a grant of special privilege. Minutes: H.B.-BOARD OF ZONING ADUSTMENTS- October 22, 1980 Page 6 3. Strict compliance with the Ordinance Code does not deny the :-applicant-economic.use of his property. AYES: Tindall, Kelly, Lipps -= NOES: None,,-, ABSENT: None USE PERMIT NO. 80-35 ::_: - Applicant:-"-Frank/Isabel Montero To permit the .construction -of• - a.: duplex -' to abut An-= arterial -highway located at 7611 Warner Avenue: - --- This request is a categorical exemption Class 5, California Environmental Quality Act,'1976. ON MOTION BY-LIPPS AND SECOND BY-'TINDALL, USE PERMIT-NO.,80-35 WAS, DENIED BY THE FOLLOWING'VOTE, FOR -"THE FOLLOWING- REASON: REASON FOR DENIAL: Use Permit No. 80-35_ was denied"- Without prejudice -,as 'it would be impossible to approve the construction of a duplex unit -without the approval of Conditional Exception No. 80-51 heard in conjunction with subject Use Permit. AYES: Tindall•;" Lipps,, Kelly-' - NOES': Noner ._ _ ABSENT: None-, TENTATIVE -PARCEL MAP NO:' Applicant:.,- Lake --Park Estates To permit the"creation oC 3-parcels for single family residential development located on the east side of Lake Street, approximately 562+ feet north of Indianapolis. This request is a categorical exemption Class 15, California Environ- mental Quality Act, 1970. Mr. Peter Bundy was present to represent the application. He acknowledged receipt of the-suggested•Conditions of Approval.- Secretary'Lipps noted that the application was within substantial code conformance. Chairman Tindall expressed his concern regarding the alley to the rear of the site, also, the treatment of Knoxville. Minutes; H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 7 ON MOTION BY TINDALL AND SECOND BY LIPPS, TENTATIVE PARCEL MAP NO. 80-572 WAS APPROVED BY THE FOLLOWING VOTE WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS: FINDINGS: 1. The proposed creation of 3 parcels for purposes of single family residential development is in compliance with the size and sahpe of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for single family -residential buildings was placed on the subject property. 4. The size, depth, frontage, street width, and other design and improve- ment features of the proposed subdivision are proposed to be const- ructed in ccmpliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Develop- ment Services shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with, and approved by the Department of Public Works, and recorded with the Orange County Recorder. 3. Knoxville shall be dedicated to City standards at the time said parcels are developed. 4. A copy of the recorded parcel map shall be filed with the Depart- ment of Development Services. 5. The disposition of Knoxville be to Public Works specifications prior to building permits being issued. . 6. Alley design and treatment to Public Works approval prior to building permits being issued. AYES: Tindall, Lipps, Kelly NOES: None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22; 1980` Page-8 TENTATIVE PARCEL MAP NO. 80-573 "Applicant: Lake Park -Estates To permit the creation.of-2_ parcels.for single family residenital development -located on the east side of Lake -Street, approximately 462+ feet north of Indianapolis., This -request -is --a- categorical -;exemption Class 15, California Environ- mental"•Quality Act, 1970. Secretary-.Lipps-introduced the application, stating the request was within substantial code conformance. Mr: -Peter Bundy,, acknowledcted receipt-. of -the conditions of approval suggested by the Board. ON MOTION BY TINDALL AND SECOND BY-LIPPS,=TENTATIVE-PARCEL'-MAP NO. 80- 573 WAS,APPROVED_'WITH_THE FOLLOWING --,,CONDITIONS OF -"APPROVAL -BY THE FOLLOWING VOTE:_.. _. FINDINGS:'-_ 1.-�The-proposed creation of 2-parcels for purposes -of -family residen 1 development'is in compliance with the size and shape of property necessary for that type of development. 2. - • The General: Plan -has 'set. forth ,provisions for -this type of land use as well.as setting forth objectives for implementation of this type of use.- 3. The property was previously studied for this intensity of land use at -the time the'land use designation for family residenital building was placed on"the,tsubject.property:. 4. The size,'depth, frontage street width, and other design and improve- ment features.of the proposed subdivision are proposed to be cofistructed-in-compliance with standard plans and specifications on file with the City as -well as in -compliance with the State Map Act -and supplemental City -Subdivision; Ordinance:.- CONDITIONS OF APPROVAL - A. TO BE COMPLETED PRIOR TO USE -OR, -OCCUPANCY OF -SAID -PARCELS FOR ANY PURPOSE: 1. The tenative parcel map received by the Department of'Develop- ment Services shall be the approved layout (with amendments a noted thereon). 2. A parcel map shall be filed with, and approved by the Departm of Public Works, and recorded with the Orange County Recorder. 3. Knoxville shall be dedicated to the City standards at the time said parcels are developed. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 9 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. 5. The disposition of Knoxville be to Public Works specifications prior to building permits. 6. Alley design and treatment to Public.Works approval prior to building permits. AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 80-58 Applicant: George McCracken To permit an addition of 1,950 sq. ft. to an existing building located at 6789 Warner Avenue, approximately 600 feet west of Goldenwest Street. This request is a categorical exemption Class 1, California Environmental Quality Act, 1970. Mr, George McCracken was present to represent the application. Secretary Lipps stated that the project was deficient in parking by four (4) spaces, therefore, a reciprocal access agreement would be necessary. Mr. McCracken submitted a reciprocal access agreement for the Board review. ON MOTION BY LIPPS AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 80-58 WAS APPROVED BY THE FOLLOWING VOTE, AND CONDITIONS OF APPROVAL AS FOLLOWS: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 2, 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 vicinity; Past administrative action regarding this property. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 10 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. A copy of,a reciprocal parking agreement with adjacent property owner to -the west of subject -property prior to issuance of building permits shall-be'recorded with -the Orange County Recorder and submitted to the Secretary of the Board. 2. Approval contingent upon _the-existance of a -reciprocal parking agreement acceptalbe to -the -Department -of Development Services. AYES: - Tindall, Kelly, Lipps- NOES: None ABSENT:_ None CONDITIONAL -EXCEPTION NO: 80-44- = Applicant:_- General Maintenance, Inc. To permit a major service station identification sign to be -constructed twenty (20)- feet high in lieu of the•=terf'(10)• feet height allowed by Ordinance. Located on the northwest corner of Beach and Adams. This request is a categor-ical exemption-Class-5,'California Environmental Quality Act, 1970. Mr. George Hillard was present to represent the application. Secretary Lipps briefly outlined the proposal. Chairman Tindall opened the public hearing. Mr. Hillard stated that because of the surrounding area, a standard size sign would not be seen by traffic on Beach and Adams. The Board discussed Conditions-with=the applicant. ON MOTION BY LIPPS AND SECOND BY KELLY,--CONDITIONAL EXCEPTION NO. 80-44 WAS APPROVED BY THE FOLLOWING VOTE, WITH THE FINDINGS, REASONS AND CONDITIONS OF APPROVAL AS FOLLOWS: 1 Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 11 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. 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. 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 classifications. 5'. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASON FOR APPROVAL: 1. A hardship exists because of the unique topography surrounding the subject use, will render a sign limited to ten (10) feet in height ineffective, therefore, denying the applicant parity with similar uses in the vicinity. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 9, 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. 2. The following plan 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. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22,1980 Page 12 B.-GENERAL:CONDITIONS: 1. There shall be no other freestanding signs permitted on the site' -until the sign permitted by this exception is -lowered to conform to Article 976 of the Huntington Beach Ordinance Code. AYES: Lipps, Tindall, .Kelly NOES: None= ABSENT: None ADMINISTRATIVE REVIEW NO. 80-63 Applicant: Paul E. Cook To -permit -the relocation of" -an office structure to another portion of the -same site -in -order -to clear a street right-of-way for widening purposes. Subject property -is -located on -the north side of -Yorktown -Avenue, approximately 400 feet east of Main Street. Secretary Lipps-briefly outlined the application. He stated that the Design Review Board would review the proposal and issue a relocation permit if,the-Board-approved-the application.. Secretary Lipps noted that a -previous -Administrative Review (AR 76-14 had been approved, and any Conditions, -imposed -at that time.would stil be in -effect. ON MOTION BY LIPPS AND SECOND:: BY KELLY, ADMINISTRATIVE REVIEW NO. 80-63 WAS APPROVED BY THE FOLLOWING VOTE WITH THE CONDITIONS OF APPROVAL AS FOLLOWS: CONDITIONS OF APPROVAL -- A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 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; - 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. 1 Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 22, 1980 Page 13 B. GENERAL CONDITIONS: 1. Approval of this relocation is to facilitate widening of York- town Avenue and does not grant relief from any previous Conditions of Approval of Adminstrative Review No. 76-148. 2. Applicant shall comply with all applicable provisions of Chapter 17.28 of the Huntington Beach Municipal Code. 3. Applicant to receive approval of Design Review Board prior to issuance of building permits. AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS AJOURNED. Walter Lipps, Secretary Board of Zoning Adjustments