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HomeMy WebLinkAbout1981-07-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-7, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JULY 22, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Crosby, Kelly MINUTES: ON MOTION BY COOPER AND SECOND BY SPENCER, THE MINUTES OF THE REGULAR MEETING OF JUNE 24, 1981 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Cooper, Kelly NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 81-31 Applicant: Southwest Wholesale Nursery To permit establishment of a wholesale nursery on a Southern California Edison Company easement. The subject property is lo- cated on the west side of Bushard St. approximately 1100 ft. north of Hamilton Ave. and 100 ft. south of the intersection of Bushard St. and Panacea Dr. This request is covered under Negative Declaration No. 81-36. ON MOTION BY SPENCER AND SECOND BY CROSBY, USE PERMIT NO. 81-31 WAS CONTINUED TO THE JULY 29 MEETING IN ORDER TO ALLOW THE APPLI- CANT TO BE PRESENT AND TO READVERTISE THE PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-46 Ronald L. Webb To permit a patio cover (structure) to be located within the twenty (20) foot setback from a public street. Subject property is located at 6952 Beachcomber, Huntington Beach. This request is a categorical exemption Class 5, California En- vironmental Quality Act, 1970. The applicant was not present. Secretary Spencer opened the public hearing. There being no one present to speak on the matter, the hearing was closed. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 2. Secretary Spencer gave a brief description cation. In his opinion, the proposed patio acceptible, provided it did not come within rear property line. of the appli- cover was 5 foot of the A MOTION WAS MADE BY SPENCER AND SECOND BY KELLY TO APPROVE CONDITIONAL EXCEPTION NO. 81-46, WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL AS STATED: REASON FOR APPROVAL: As the Board felt that the required twenty (20) foot setback was primarily intended for enclosed structures, and as fences are specifically permitted, it was determined that a covered patio located within said setback would not create any adverse impacts. 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 identical zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordin- ance 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. CONDITONS OF APPROVAL: TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received June 19, 1981 shall be the approved layout. In its approval action, the Board of Zoning Adjustments considere the following issues relating to the conceptual plan: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 3 Traffic circulation and drives; - Parking layout; - 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. Vertical posts of patio cover shall be no closer than five (5) feet of rear property line. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-50 Michael McCord To permit a reduction in open space dimension. Subject property is located at 18021 Upperlake, Huntington Beach. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. A MOTION WAS MADE BY SPENCER AND SECOND BY CROSBY, TO CONTINUE ACTION ON CONDITIONAL EXCEPTION NO. 81-50 TO THE JULY 29, 1981 MEETING IN ORDER TO GIVE THE APPLICANT THE OPPORTUNITY OF BEING PRESENT, AS FOLLOWS: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 80-575 John G. Goetten To permit an adjustment to property line between Lot 16 and Lot 17, Tract 5030. Subject property - Lots 16 and 17, Tract No. 5050 is located northwest of Warner Ave. and Newland St. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. A MOTION WAS MADE BY SPENCER AND SECOND BY CROSBY, TO CONTINUE ACTION ON TENTATIVE PARCEL MAP NO. 80-575 TO THE AUGUST 19, 1981 MEETING IN ORDER TO GIVE THE APPLICANT THE OPPORTUNITY OF BEING PRESENT, AS FOLLOWS: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 4 CONDITIONAL EXCEPTION NO. 81-47 Applicant: Daniel J. Fink To permit a reduction in required turning radius and an en- croachment into the rear yard setback. Subject property is located at 415 Crest Avenue, Huntington Beach This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer informed the Board that the public hearing had been opened at the July 15 meeting and continued in order that the Board might have the opportunity of viewing the site. He introduced the application to the Board. In his opinion, Secretary Spencer informed the Board that his analysis had not changed since the July 15 meeting; there was a need to address the hardship issue and he believed that the present garage space was adequate. The applicant was present but had nothing further to add to the matter at this time. Chairman Crosby closed the public hearing for discussion, there being no one further to speak. Fire Chief Kelly stated that he had visited the site and would like to see approval of the garage, however, he took a conser- vative view in regard to the carport. He gave reasons for his opinion. Secretary Spencer believed it was the responsibility of the applicant to demonstate possible hardship. Fire Chief Kelly pointed out that there would be no back yard at all with the proposed carport and was concerned for the impact on neigh- boring properties. Following discussion of the Board, Mr. Fink stated that he did not mind having three garage spaces only and pointed out that there is one next door to his property. Secretary Spencer referred to last year's drawing, which was to scale. A MOTION WAS MADE BY KELLY AND SECOND BY CROSBY, TO APPROVE CONDITIONAL EXCEPTION NO. 81-47, PERMITTING A REDUCTION IN THE REQUIRED TURNING RADIUS AND AN ENCROACHMENT INTO THE REAR YARD SETBACK FOR THE GARAGE ONLY, AND PROVIDED THAT THE CARPORT TO THE PEST NOT BE BUILT AND THE PLAN AMENDED TO REFLECT SAME AND SUB- MITTED TO THE SECRETARY OF THE BOARD, WITH THE PLAN DATED JULY 6, 1981 TO BE THE APPROVED PLAN, AS FOLLOWS: REASONS FOR APPROVAT. ;-- The Board believed that there was a hardship in that the house was not set forward enough on the lot to permit the applicant to build the garage without encroaching into the backyard area, which would cause family activities to be conducted in the front yard. 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 5 FINDINGS: 1. The granting of the conditional exception will not con- stitute a grant to a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordin- ance 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. CONDITONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: The conceptual plot plan and elevations reveived June 6, 1981 shall be the approved layout. In its approval action, the Board of Zoning Adjustments con- sidered 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 of the garage structure only. Proposed carport to the west shall not be constructed. 2. Applicant shall submit revised plan to the Secretary of the Board, showing elimination of proposed carport to the west of garage. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 6 AYES: Crosby, Kelly NOES Spencer ABSENT: None CONDITIONAL EXCEPTION NO. 81-52 Applicant: Michael Longley To permit•a reduction of the required 27 foot turning radius into the garage from the alley. Subject property is located at 802 Indianapolis Ave. This request is a categorical exemption Class I, California Environmental Quality Act, 1970. Acting Chairman Crosby introduced the application to the Board. The applicant was present. Acting Chairman Crosby opened the public hearing. Dr. Kauffman introduced himself to the Board and stated that he was in opposition of the conditional exception. Secretary Spencer briefly outlined the applicant's request. Michael Longley, the applicant, addressed the Board and stated that there is no 27 foot turning radius into the garage at the present time. He pointed out that his property occupies two lots and that he would like to utilize the additional square footage by expanding the house. In his opinion, the hardship would consist of the irregular shape of the lot and numerous setbacks because of the many streets bordering the property. Dr. Kauffman expressed concern in regard to the turning radius, pointing out that the applicant would have to cut across his property or another neighbors in order to approach the garage. Following considerable discussion, the hearing was closed. A MOTION WAS MADE BY SPENCER AND SECOND BY CROSBY, TO DENY CONDITIONAL EXCEPTION NO. 81-52 BASED UPON THE FOLLOWING REASONS, AND BY THE FOLLOWING VOTE: 1. Hardship is self-imposed, as garage can be utilized as it presently exists. 2. Existing garage can be reconstructed to accommodate perpendicular entry. 3. Approval of the request for encroachment would severely impact movement of cars in the alley. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 7 USE PERMIT NO. 81-32 Applicant: Michael Longley To permit the expansion to a non -conforming single family dwelling. Subject property is located at 802 Indianapolis Avenue. The applicant was present. ON MOTION BY SPENCER AND SECOND BY CROSBY, USE PERMIT NO. 81-32 WAS DENIED FOR THE FOLLOWING REASON: The application was dependent upon the approval of Conditional Exception No. 81-52, which was denied earlier in the meeting. The motion carried by the following vote: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-51 Applicant: Martin & Cheryl Carrillo To permit a reduction in open space dimension from 20 ft. to 17 ft. Subject property is located at 17741 Collins Circle, Huntington Beach. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Acting Chairman Crosby introduced the application to the Board. Applicant Cheryl Carrillo was present. Acting Chairman Crosby opened the public hearing. He gave a brief explanation of the application. Mrs. Cheryl Carrillo gave reasons why she wished to add a family room and storage room to their home. She informed the Board that she had discussed the matter with her immediate neighbors who had no objections to the addition. Secretary Spencer stated that he believed the request to be reasonable. There being no-one further to speak on the matter, the hearing was closed. Discussion was held on the matter by the Board. ON MOTION BY CROSBY AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 81-51 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL AS STATED: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 8 REASONS FOR APPROVAL: The granting of Conditional Exception No. 81-51, permitting a reduction of open space dimension from twenty (20) feet to seventeen (17) .feet is justifiable in order to allow a reason- ably sized and needed addition on an irregular shaped lot, for which a slight encroachment was necessary. The Board took into consideration the hardship to the applicant in that other houses in this neighborhood have made similar additions without the necessity of a conditional exception. FINDINGS: 1. The granting of the conditional exception will not con- stitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications. 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 mater- ially 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 July 1, 1981 shall be the approved layout. In its approval action, the Board of Zoning Adjustments con- sidered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; - 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 July 22, 1981 Page 9 AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None MISCELLANEOUS ITEMS: ADMINISTRATIVE REVIEW NO. 79-69 Applicant: Bobby Cornelius To permit the construction of a 7,500 sq.ft. industrial building. Subject property is located at the southwest corner of Palmdale and Cain Avenues. The applicant was not present. Acting Chairman Crosby gave a brief explanation of the application. The Board established that a permit had been issued for the office addition inside the building, also the storage area. The Board agreed that parking facilities would be adequate and there would be no impact in regard to the property line. ON MOTION BY SPENCER AND SECOND B`L' KELLY, ADMINISTRATIVE REVIEW NO. 79.69 WAS APPROVED BY THE FOLLOWING VOTE, WITH REVISED BUILDING PLAN AND ALL PREVIOUS CONDITIONS OF APPROVAL AS STATED: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan and elevations received July 17, 1981 shall be the approved layout, subject to the modifications described herein: a. The Board approved the applicant's request for additional inside office space and storage area in the existing industrial building. Approval was given to the revised building plan with all previous conditions of approval being applicable. In its approval action, the Board of Zoning Adjustments con- sidered 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 July 22, 1981 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. C. The driveway approach at the northeast corner of the property shall be a minimum of thirty (30) feet in width, radius type, according to standard plan 212 A & B. B. GENERAL CONDITIONS: 1. The two drives entering the building shall be approved by the Traffic Engineer. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at an offsite facility equipped to handle them. 4. If lighting is included in the parking lot, energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 5. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations re- garding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. 6. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division of Development Services. 7. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. I1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 22, 1981 Page 11 All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 8. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Regional Water Quality Control Board staff for their review prior to the issuance of grading permits. 9. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Charles P. Spencer, Secretary / Board of Zoning Adjustments G