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HomeMy WebLinkAbout1981-01-28 (6)1 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, JANUARY 28, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETINGS OF DECEMBER 31, 1980 AND JANUARY 21, 1981 WERE DEFERRED AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 81-551 Applicant: Hartge Engineering, Corp., Inc. To permit the consolidation of four (4) lots into two (2) parcels located on the north side of Pacific Coast Highway, approx. 229 feet southeast of Mariner Drive (16214 Pacific Coast Highway). This request is a Categorical Exemption Class 15, California Environ- mental Quality Act, 1970. Mr. Bill Hartge was present to represent the application. Chairman Tindall introduced the application. Secretary Spencer briefly outlined the request, noting that a previously approved administrative review (AR 80-19) conditioned the consolidation of parcels for this particular site. Mr. Hartge acknowledged receipt of the suggested conditions of approval. Secretary Spencer stated that all applicable condtions imposed upon the approved administrative review for this property would become a part of this application. Further Board discussion followed. Findings and conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-551 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL IMPOSED AS FOLLOWS: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 28, 1981 Page 2 FINDINGS: 1. The proposed consolidation of four lots into two parcels for the purposes of general office use, 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 general office uses, which allows for this type of development, was placed on the subject property. 4. The size, depth, frontage, street width, and other design and improvement features of the proposed subdivision are proposed to be constructed 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 tentative parcel map received by the Planning Department on January 12, 1981 shall be the approved layout. 2. Pacific Coast Highway shall be dedicated to City standards at the time said parcels are developed. 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. 4. Applicable Conditions of Approval imposed upon Administrative Review No. 80-19 shall become a part of this request. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-3 Applicant: All Teens Driving School, Inc. To permit a classroom driver education instruction program at Wilson Ford Sales, located at 18255 Beach Boulevard, Huntington Beach. This request is a Categorical Exemption Class 1, California Environmenta Quality Act, 1970. iJ 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 28, 1981 Page 3 Chairman Tindall introduced the application to the Board. Mr. Jerry Pageant was present to represent the application. Secretary Spencer outlined the proposal, noting that after review of the application by the Board, the Fire Department had concerns regarding the proposed classroom which has only one entrance, thereby the occupancy load would be limited. It was recommended that the applicant meet with fire representatives to determine the amount of students allowed. Mr. Pageant stated that normally classes are limited to no more than ten (10), and a usual class is seven (7). Further, no driving is involved. Parents drop-off and pick-up students, therefore, parking would not be affected. Further discussion ensued. It was recommended that a six month on - site review be conducted to assure compliance with conditions of approval. ON MOTION BY TINDALL AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 81-3 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 January 1, 1981 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. Use of subject site shall be restricted to classroom instruction only. 2. Approval of this request is subject to compliance with Building and Fire safety codes, particularly regarding occupancy load limites. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January_ 28, 1981 Page 4 3. A six month on -site inspection shall be conducted to assure compliance. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-2 Applicant: Raymond McNeill To permit a 60 sq. ft. reduction in required open space and 2 foot encroachment into required rear yard setback, located on the north side of Edmonds Circle at 5971 Edmonds Circle, Huntington Beach. Chairman Tindall introduced the application. Secretary Spencer briefly outlined the application, stating that Mr. George Hopkins had expressed his opposition to the proposal. Mr. Hopkins' stated that sunlight, air and ventilation would be restricted if the encroachment were allowed. Chairman Tindall opened the public hearing. Mr. Raymond McNeill was present to represent the application. Mr. McNeill stated that he had worked with staff regarding other alter- natives, however, because of the type of exterior, adding to the front portion of the home is not feasible, in addition, the house is situated on an odd shaped lot. Mr. McNeill stated that he would withdraw the request of a two (2) foot encroachment into the rear yard to avoid any problems. There being no other input from the public, Chairman Tindall closed the public hearing. Further Board discussion followed. Conditions of Approval were discussed. ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-2 WAS APPROVED FOR THE FOLLOWING REASON, WITH THE CONDITIONS OF APPROVAL ARE AS FOLLOWS, BY THE FOLLOWING VOTE: REASON FOR APPROVAL OF A PORTION OF REQUEST: The granting of that portion of the Conditional Exception request concerning the reduction in the required open space is justified in order to allow for a reasonably sized and needed addition on an irregular shaped lot, a slight encroachment was necessary. 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 28, 1981 Page 5 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. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 8, 1981 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. Approval is for a sixty (60) sq. ft. reduction portion in required open space. Applicant has withdrawn the request for a two (2) foot encroachment into required rear yard setback. AYES: Spencer, Kelly, Tindall -NOES: None ABSENT: None MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 28, 1981 Page 6 REVOCATION OF HOME OCCUPATION PERMIT Applicant: Charlie Brown & Sons Review of construction type business being conducted from a home located at 1102 Pine Street, Huntington Beach. Secretary Spencer stated that the Department of Development Services had received several complaints regarding storage of vehicles, cement type equipment and employee activity within a residential area. Further explaining that Code allows an office type operation only within one room of the home. Any other activity is illegal. Mr. Lee Brown was present to represent the permit. He stated he had contacted many residents and found no opposition to his business. In addition, he had checked with the Huntington Beach Ordinance Code, and his vehicles are within the limits allowed within a residential area. Chairman Tindall stated that although vehicles are allowed in a residential area, storage for any length of time is illegal. Chairman Tindall opened the public hearing. Mrs. Forence Boosey, 1107 Lake Street stated her annoyance at having the alley blocked due to the trucks loading and unloading equipment, which makes access into her garage difficult. Mrs. Rose Hodak, 1041 13th Street stated that two (2) flat bed trucks are parked and stored in the back yard, also pallets and cement equip- ment is evident in the yard. Mrs. Hodak expressed her annoyance regarding the vibrations when the trucks are running, which shake her house. She also commented on the excessive employee activity which she feels is not compatible in a residential neighborhood. Mrs. Hodak submitted photos taken of the subject site to the Board. Mr. Larry Frank, 1036 13th Street (directly across and facing Mr. Brown's home), stated that Mr. Brown had upgraded the home tremendously, and could see no evidence of problems resulting from the business. Mr. John Miller, 1030 13th Street, also stated there was no evidence of activity or confusion. Secretary Spencer questioned Mr. Brown regarding the problems expressed by those present. Mr. Brown acknowledged that trucks had been parked in the back of his property, however, a staff member of Development Services had informed him that as long as the trucks were unmarked, it was allowed to park in the yard. Also, some pallets and equipment were stored in the yard, but for personal use, as he was doing some repairs to his property. Mr. Brown asked the Board if it was allowed to drive a work truck to and from the job site. Secretary Spencer informed him that as long as the vehicle was not marked, it was permissable. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 28, 1981 Page 7 Chairman Tindall questioned Mr. Brown regarding a storage facility away from his home. Mr. Brown stated he had a storage yard within the City, as would comply with the ordinance regarding storage of his equipment. Further Board discussion followed, it was recommended that action be continued to February 18, 1981, in order to allow Mr. Brown to gain compliance with the Ordinance Code. ON MOTION BY KELLY AND SECOND BY SPENCER, A DECISION REGARDING THE REVOCATION OF HOME OCCUPATION PERMIT FOR 1102 PINE STREET, HUNTINGTON BEACH, (CHARLIE BROWN & SONS) BE CONTINUED TO FEBRUARY 18, IN ORDER TO ALLOW THE APPLICANT TO GAIN COMPLIANCE OF THE HUNTINGTON BEACH ORDINANCE CODE. AYES: Spencer, Kelly, Tindall NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. les P. Sp ncer ecretary Board of Zoning Adjustments