HomeMy WebLinkAbout1981-07-291
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8, Civic Center
2000 Main Street
Huntington Beach, Ca.
WEDNESDAY, JULY 29, 1981 - 1:15 P.M.
BOARD -MEMBERS PRESENT: Lipps, Crosby, Kelly
MINUTES:
ON MOTION BY KELLY AND SECOND BY CROSBY, THE MINUTES OF
THE REGULAR MEETINGS OF JUNE 10, JULY 8, JULY 15, JULY 22,
1981 WERE DEFERRED BY THE FOLLOWING VOTE:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
REGULAR AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 81-49
Applicant: Kenneth Reynolds
ON MOTION BY KELLY AND SECOND BY CROSBY, CONDITIONAL
EXCEPTION NO. 81-49 WAS CONTINUED TO -THE AUGUST 19, 1981
MEETING IN ORDER TO GIVE THE APPLICANT THE OPPORTUNITY OF
BEING PRESENT, BY THE FOLLOWING VOTE:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
USE PERMIT NO. 81-31
Applicant: Southwest Nursery & Supplies
To permit establishment of a wholesale nursery on a Southern
California Edison Company easement. This request is covered
by Negative Declaration No. 81-36.
Acting Chairman Crosby informed the Board that application
for Use Permit No. 81-31 had been continued from the July 29
meeting in order to give the applicant the opportunity of
being present.
John Lamrock was present to represent the application.
Acting Chairman Crosby introduced the application, and
opened the public hearing.
Actinq Secretary Lipps outlined the application, pointing out
that a Negative Declaration would be required.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 2
ON MOTION BY LIPPS AND SECOND BY KELLY, NEGATIVE DECLARATION
NO. 81-36 WAS ADOPTED BY THE FOLLOWING VOTE:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
Acting Secretary Lipps stated that the use was in conformance
with the criteria for this type of use. However, he recom-
mended that the office trailer should be located at least
50 feet away from any residential property, as agreed by the
Board. Mr. Lamrock stated that this would be no problem.
Acting Secretary Lipps outlined the proposed Conditions of
Approval.
There being no one further to speak on the matter, Acting
Secretary Lipps closed the public hearing.
ON MOTION BY CROSBY AND SECOND BY LIPPS, USE PERMIT NO. 81-•31
WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS
FOLLOWS, BY THE FOLLOWING VOTE:
FINDINGS:
1. The establishment, maintenance and operation of the use will no
be detrimental to:
a. The general welfare of persons residing or working in the
vicinity;
b. Property and improvements iri the vicinity of such use or
building.
2. The proposal is consistent with the City's General Plan of Land
Use.
3. The granting of a use permit will not adversely affect the General
Plan of the City of Huntington Beach.
4. The proposed site is adequate to serve the proposed use.
5. The proposed use has resulted in positive environmental effects,
including wood and rodent control and an improvement in the
visual aestho.H.cs of the s i.te.
CONDITIONS OF APPROVAL:
A. TO BE- C(1MPI,H'I HD P10-OP TO ISSUANCE Oi' 111J111D I NC; 11E11MITS :
I . 'I'Ile c (mc el)(n,1 l p hfl� l) l ,1n mid e l ov,i l icon:; roc•c, i vocl Junco -1 0, 1 118 1
sha 1 1 he the nl,l )r. oveel 1 ayou L, subject Lc> mod i f i ca L- i.oiis cic':ou r i h('d
Herein:
-2- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 3
2. All vehicles operatinq within the nursery shall not exceed
speeds of 10 miles per hour.
3. The taller and larger plant materials shall be stored away from
the residential properties to the south. Lower growing trees
and shrubs only shall be permitted adjacent to these residential
properties, and plant material shall be no higher than one (1)
foot lower than the top of existing block wall.
4. All soil amendments or planting mix material shall be kept damp
as to not have said material blowing onto adjacent properties.
5. Spraying of plant materials shall be done inwardly, away from
residential properties.
6. There shall be no activity (selling or other) between the hours
of 8:00 P.M. and 8:00 A.M.
7. Outside phone alarms, intercoms, loudspeakers, are prohibited.
8. Any yard lighting proposed shall be directed away from adjacent
residential properties.
9. Any proposed signing shall, conform to Article 976 of the Hunting-
ton Beach Ordinance Code.
10. Proposed office and storage buildings shall be located away from
residential properties a minimum of fifty (50) feet.
11. Driveway approach and necessary asphalt paving transitions shall
be to the satisfaction and specifications of the Public Works
Department.
12. Use shall be reviewed six months from date of approval, to determine
compliance with conditions and ordinance code requirements. If at
any time the use is in violation of these conditions, or any
ordinance code requirement, Use Permit No. 81-31 shall become null
and void.
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-50
Applicant: Michael Joseph McCord
To permit a reduction of open space dimension. Subject property is
located,at 18021 Upperlake, Huntington Beach.
This request is a Categorical Exemption Class 5, California Environ-
mental Quality Act, 1970.
Acting Secretary Lipps informed the Board that the application had
been deferred from the July 22nd meeting in order to permit the
applicant to be present.
-3- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 4
Michael McCord, the applicant, was present.
Acting Secretary Lipps opened the public hearing.
Mr. McCord stated that he wished to add onto his home, however,
the open space requirement was inadequate. His lot was irregular
and tha t additions similar to his had been done in his tract.
The criteria for hardship was discussed.
Acting Secretary Lipps pointed out that the entire tract was made
up of sub -standard lots and use variance was approved some years
ago whereby every lot in the tract was granted sub -standard
frontage, depth and width. In his opinion, the application was
not a unique situation.
Discussion was held by the Board as to whether the applicant met
the criteria for hardship.
Acting Secretary Lipps closed the public hearing, there being no-
one further to speak on the matter.
ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION
NO. 81-50 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS, BY THE FOLLOWING VOTE:
REASONS FOR APPROVAL:
The granting of Conditional Exception No. 81-50, permitting a
reduction of open space dimension is justifiable because:
a) T110 lot shape is irregular;
b) The majority of houses in this tract could not
add on because of the sub -standard lots.
c) There have been no objections from neighboring
houses to the proposed addition.
FINDINGS:
1. The ctrantinq of: the conditional exception will not con-
stitute a grant of a special. privilege onconsistent upon
other properties in the vicinity and under identical zone
classi f i.cations.
2. B(ICanse ol' spOciZ11 circumstances app.li(7ab.l'+� to the subject
property, incluclinq size, shape, topography, location, or
surr.outnclings, the strict application of the zoning ordinance
Is found to dope: ive the subject property of privileges
enjoyed ley 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.
L
-4- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 5
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.
June 30, 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 width and lot depth;
- Type of use and its relation to property and
improvements in the immediate vicinity;
- Past administrative action regarding this property.
AYES: Crosby, Kelly
NOES: Lipps
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-10
Applicant: Donald Penkoff
To permit the construction of a 20,400 sq.ft. industrial building.
Subject property is located north/south of Oceanus, near Triton
Lane, Lot No. 3.
This request is covered under EIR No. 73-16.
Joseph Dow was present, representing the application.
Acting Secretary Lipps informed the Board that there were three
Administrative Reviews on adjoining properties to be considered.
lie briefly outlined the application and stated that the proposal
was within substantial compliance except for minor details.
The elevation; do not reflect building construction; some trash
bin locations and recriprocal drive and parking should be addressed,
and the nine doors requested be omitted from the plans by the
applicant.
Fire Chief Kelly addressed the sprinkling system which would be
necessary and suggested that the Fire Department be consulted in
regard to the fire protection system, prior to issuance of building
permits.
--5- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 6
ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW
NO. 81-10 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS, BY THE FOLLOWING VOTE:
A. TO BE COMPLETED PRIOR TO ISSUANCE OP' BUILDING PERMITS:
1. The conceptual plot plan and elevations received
July 14, 1981 shall be the approved layout, subject
to the modifications described herein:
a. An irrevocable reciprocal parking and access
agreement between Parcels #3, #4 and #5 shall
be filed with the Department of Development
Services, approved by the City Attorney as to
form and content, and recorded with the County
of Orange.
b. Pevi.�-;ed hui 1diliq elevations showin(I the precise
location and number of overhead door.,;.
C. Design fire protection systems to F.D. sppecifications.
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 Adminis-
trative file.
In its approval <<ct-.ion, the Board of 7.oninq Adjustments considered
the following issues relating to the conceptual plan:
- Traffic circulation and drives;
- Parking layout;
- T,ot area;
- T,ot width and lot- depth;
- Type of use and its relation to property and improvements in the
immediate vicinity;
- Past administrati.ve action regarding this property.
2. The followinq plans shall be submitted to the Secretary of
the Board:
Landscape and irrigation plan complying with Article 979 of
the Iiuntington Beach Ordinance Code and Landscaping specifi-
cations on file in the Department of Public Works.
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.
L
-6- 7/29/81 BZA
1
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 7
Other plans as described herein:
Revise plan to show location of trash bin enclosures
prior to submitting for plan check.
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-11
Applicant: Donald G. Penkoff
To permit construction of a tilt -up industrial/office building
on 29,811 square feet. The subject property is located on the
north side of Oceanus Avenue - Lot No. 4.
This request is covered under EIR No. 73-16.
Joseph Dow was present to represent the application.
This application was considered together with Administrative
Review No. 81-10.
ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW
NO. 81-11 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS, BY THE FOLLOWING VOTE:
CONDITIONS OF APPROVAL:
A. "TO BE COMPLETED PRTOR TO ISSUANCE OF BUILDING PERMI`i'S:
1. `i'he conceptual plot plan and elevations received
July 14, 1981_ shall be the approved layout, subject
to the modifications described herein:
a. An irrevocable reciprocal parking and access
agreement between Parcel.s #3, #4 and #S shall
he filed with the Department of Development
Services, approved by the City Attorney as to
form and content, and recorded with the County
of Orange.
h. P("" i!-,"d hu i I <1 i II,I 1 ry a t i r>»:; r;h i n•c I hi
lo(.,Il icon and ncm1hor of, over-11 ad cic()t'r;.
c`• [)c;;i<li) f-ir-c, prol_ect.ion ;ys'trm:; 1()
A pi ;Ili del ilirat-ilief said nrcxlif iicati.c>n:; r;ha11 1)r cI)III iLted
t r> Illo :;ec"rrl riry ()f t-he ll(-).11'(l. :I f :;iir.h {plan C()utlll i rs
1•1i t h 1,11r nrc�di i i(-(it_ic�ns oiiL'1 inc,d by Lho itcu)rcl, said plain
he approved and made a permanent pat-L of: the Admi.ni re-
trat.ive file.
-7- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981*
Page sl
III itt. < ppy—(will 1c•1 icon, 11w ko,11*d (If Zollincl Ad jur.tm(-nos consideredthe fol lowi n(3 i. sslws r.r LaO ng to t:he conceptual. plan:
'I'raf f i c c.i rcul a lion and drives;
Parki ng layout;
Lot area;
- Lot width and lot depth;
- Type of use ind its relation to property and improvements in the
immediate vicinity;
- Past administrative action regarding this property.
2. The fo.11owinq plans shall be submitted to the Secretary of
the Board:
Landscape and irrictation plan complying wi.tli Article 979 of
the lluntington Beach Ordinance Code and landscaping specifi-
cations on file in the Department of Public Works.
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.
Other plans as described herein:
Revise plan to show location of trash bin enclosures prior to
submitting for plan check.
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-12
Applicant: Donald G. Penkoff
To permit construction of a tilt -up industrial/office building
of 20,400 sq.ft. Subject property is located on the north side of
Oceanus Avenue - Lot No. 3.
This request is covered under EIR No. 73-16.
Joseph Dow was present to represent the application.
This application was considered in conjunction with Administrative
Review Nos. 10 and 11.
ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW
NO. 12 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS, BY THE FOLLOWING VOTE:
-8- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 9
CONDITIONS OF APPROVAL:
A.. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING'PERMITS:
1. The conceptual blot plan and elevations received
July 14, 1981 shall be the Approved layout, subject
to the modifications described herein:
a. An irrevocable reciprocal parking and access
agreement between Parcels #3, #4 and #5 shall
be filed with the Department of Development
Services, approved by'.the City Attorney as to
form and content, and recorded with the County
of Orange.
h. Povir:r.I hlIi I(IiwI ('IevaI inns .11owi11,1 1 h� 1)1-(-ciSo
Ioc,II-ioll Anti nlmlhor of ovc,1'hcact (I(wr:,.
c=• DOS iclll f i.1-r 1Wofe(--tion sy:.t-ems l o I'.I). ::11c�C_i f icat,iotis
A plan cloy 1 i nea L i.nq said mocl i f icati.onS S A 1 1 he suhm i tLed
t-o the Secretary of the Board. 7f such plan complies
with the modifications outlined by the Board, said plan
shall he Approved and made a permanent part of the Adminis-
trative file.
In its appi- 1val. action, Hie Bort1_d of Toni nci Act jusl.menLs consideredthe following issues r_elatinq to the conceptual plan:
- Traffic circulation and dr_ivcs;
- Parkin�l 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. Tho following plans shall, he submitted to the Secretary of
the Board:
Llndscopo alid irri(f,ltioli plrin complyin(l will) Art.irle 971) elf
thr. llunti ncl I mi Ho.-ich (Wd i n.1nc o Code and 1 and::c .111 i 1t<.I speC.i. f i-
cations on f i l n in Hie Dopa r. t-men L of., Puh.l i c Works.
Rooftop mnch,ln i c,11 oqu i pment_ sc1-eelt.i nci p ,tn. ""lid 111 c111 shall
indicate screen inq of' all rooftop inechan i c a 1. e'quipmlent. and
shall delineate the type of material proposed to screen said
equipment.
Other plans as described herein:
Revise plan to show location of trash bin enclosures prior to
submitting for plan check.
-9- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29; 1981
Page 10
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-45
Applicant: Roy C. Evaristo, Inc.
ON MOTION BY KELLY AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW
NO.•81-45 WAS CONTINUED TO THE AUGUST 5, 1981 MEETING IN ORDER
TO GIVE THE APPLICANT THE OPPORTUNITY OF BEING PRESENT, BY THE
FOLLOWING VOTE:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-42
Applicant: Thomas B. Deutsch
To permit an encroachment of three. and one-half feet into
the rear yard setback. Subject property is located at 8592 Lorraine.
This request is a categorical exemption class 5, California Environ-
mental Quality Act, 1970.
Tony Lucia, Agent, was present to represent the application.
Acting Chairman Crosby introduced the application to the Board.
Acting Chairman Crosby opened the public hearing.
Tony Lucia informed the Board that he was a real estate broker and
had listed the property, at which time the patio cover was pre-
existing. He stated that the neighbor on the patio side had no
objection to the encroachment. He requested that the Board con-
sider approving a variance.
Acting Secretary Lipps pointed out that the supports for the patio
cover should be set back a minimum of 5 feet and in this instance,
they are only 12 feet from property line. He pointed out that the
lot was standard and regular in size and should have been built to
code.
Fire Chief Kelly explained the criteria for hardship, which he did
not believe could be met in this instance. Discussion was held
on the matter.
ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION
NO. 81-42 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOW-
ING VOTE:
-10- 7/29/81 BZA-
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 11
REASONS FOR DENIAL:
Conditional Exception No. 81-42 was denied by the Board of Zoning
Adjustments based upon the following reasons:
1. The lot is a standard sized, regularly shaped rectangular
with no unique topographic features.
2. There is no hardship other than that created by the builder
of the existing patio cover.
3. Approval of this request would be -a grant of a special
privilege inconsistent upon other properties in the vicinity.
CONDITIONAL EXCEPTION NO. 81-53
Applicant: Jim Dean Construction
To permit a reduction in required open space from 900 square feet
to 624 square feet. Subject property is located at 5552 Dollar
Drive.
This request is a categorical exemption Class 5, California Environ-
mental Quality Act, 1970.
Yollie Gheridin was present to represent the application, together
with Jim Dean. A brief outline of the application was given by
the Acting Chairman.
The public hearing was opened by Acting.Chairman Crosby.
Jim Dean addressed the Board and stated that in his opinion the
proposed addition to -the house could only be built on as proposed.
-He gave reasons for his opinion.
Acting Secretary Lipps pointed out that the dimensions of the plot
plan were not accurate, that the property line starts at the side-
walk. In his opinion, the proposed plan did not have the required
dimension for the room addition. He suggested various alternatives.
Fire Chief Kelly stated that he believed that similar requests had
been approved by the Board in the past.
Jim Dean informed the Board that they did not wish to alter the look
of the house in the front. The various alternatives were discussed.
There being no one further to speak on the matter, the hearing was
closed by Acting Chairman Crosby.
ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION
NO. 81-53 WAS APPROVED FOR THE FOLLOWING REASONS AND WITH FINDINGS
AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE:
-11- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page. 12
REASON FOR APPROVAL:
The granting of Conditional Exception No. 81-53, permitting a
reduction in open space from 900 sq. ft. to 624 sq. ft. is justifi-
able in order to:
1. Grant parity with similar requests granted previously by
the Board;
2. The total square footage of open space meets the ordinance
code requirements with the only deficiency being the reduced
open space dimension;
3. There is no detriment to the surrounding properties created
by the addition to the dwelling.
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 classifi-
cations.
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 gr.antinq of the conditional exception will not adversely
affect the General Plan of the City of Iluntington Beach.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS.
1. The conceptual plot plan and elevations received
July 8, 1981 shall be the approved layout.
-12- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 1;3
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 width and lot depth;
- Type of use and its relation to property and
improvements in the immediate vicinity;
- Past administrative action regarding this property.
AYES: Crosby, Kelly
NOES: Lipps
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-54
Applicant: Terry Buckley
To permit the reduction in required open space from 900 sq. feet
to 616 sq. feet. Subject property is located at 17671 Flintstone
Lane.
This request is a categorical exemption Class.5, California Environ-
mental Quality Act, 1970.
Terry Buckley, applicant, was present. The application was briefly
outlined by Acting Chairman Crosby.
The application was briefly outlined by Acting Chairman Crosby.
Terry Buckley addressed the Board and stated that since there was
a problem with the side entry garage, they were requesting that the
addition be added to the rear of the house.
Acting Secretary Lipps stated that he believed the problem of re-
quired open space was similar to that of the previous applicant.
The Board reviewed the maps, calculating the open space requirement.
It was established that the house was situated in an older tract
where the open space requirement was 900 square feet.
There being no one further to speak on the matter, the public hearing
was closed by Acting Chairman Crosby.
A MOTION WAS MADE BY CROSBY AND SECONDED BY KELLY, TO APPROVE CON-
DITIONAL EXCEPTION NO. 81-54 FOR THE FOLLOWING REASONS AND WITH
FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
REASON FOR APPROVAL:
1. Conditional Exception NO. 81-54 was approved in order to
grant parity with similar requests granted.previously by
the Board.
2. The total square footage of open space meets the ordinance
code requirements with the only deficiency being the
reduced open space dimension.
3. There is no detriment to the.surrounding properties created
by the addition to the dwelling.
1- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 14
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 classifi-
cations.
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
July 10, 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 width and lot depth;
- Type of use and its relation to property and
improvements in the immediate vicinity;
- Past administrative action regarding this property.
AYES: Crosby, Kelly
NOES: Lipps
ASSENT: None
CONDITIONAL EXCEPTION NO. 81-55
Applicant: Larry Jepson
To permit a reduction in the required open space dimension from
twenty five feet to eighteen and one-half feet. Subject property
is loacted on the east side of Leafwood Circle at 16772 Leafwood
Circle.
IL
-14- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 15 '
This request is a categorical exeption Class 5, California Environ-
mental Quality Act, 1970.
Larry Jepson, the applicant was present.
Acting Chairman Crosby briefly outlined the application.
The public hearing was opened by Acting Chairman Crosby.
Discussion was held by the Board on the open space dimension and
similar requests which had come before them.
There being no one further to speak on the matter, the public
hearing was closed by Acting Chairman Crosby.
A MOTION WAS MADE BY CROSBY AND SECONDED BY KELLY, TO APPROVE
CONDITIONAL EXCEPTION NO. 81-55 FOR REASONS AND WITH FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
REASON FOR APPROVAL:
The granting of Conditional Exception No. 81-55, permitting a
reduction in the required open space dimension from twenty-five
feet to eighteen feet is justifiable in order to:
1. Grant parity with similar requests granted previously by
the Board;
2. The total square footage of open space meets the ordinance
code requirements with the only deficiency being the reduced.
open space dimension;
3. There is no detriment to the surrounding properties'created
by the addition.
FINDINGS:
1. The grantinq of the conditional exception will not constitute,
.a chant of a special }privilege inconsistent upon other
properties in the vicinity and under identical zone classifi-
cations.
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.
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MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 16
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
July 13,1981 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 width and lot depth;
- Type of use and its relation to property and improvements
in the immediate vicinity;
- Past administrative action regarding this property.
AYES: Crosby, Kelly
NOES: Lipps
ABSENT: None
TENTATIVE PARCEL MAP NO. 81-572
Applicant: Mola Development Corporation
To permit a six parcel division of land for construction purposes
with a 7th parcel for common access area. Subject property is
located on the southwest corner of Beach Boulevard and Warner Ave.
This request is to be covered by an Environmental Impact Report
which is being prepared.
ON MOTION BY CROSBY AND SECOND BY LIPPS, TENTATIVE PARCEL MAP
NO. 81-572 WAS REFERRED TO THE PLANNING COMMISSION TO BE HEARD AT
THEIR 9/1/81 MEETING, BY THE FOLLOWING VOTE:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
1
-16- 7/29/81 BZA
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
July 29, 1981
Page 17
CONDITIONAL EXCEPTION NO. 81-3 (UP 81-1)
Applicant: Ron Montgomery
To permit the expansion of an existing building -materials supply
yard storage area. Subject property is located on the southside
of Warner Avenue, 660 feet from Gothard Street.
This request is a categorical exemption Class 3, California
Environmental Quality Act, 1970.
Ron Montgomery, representing the applicant, was present.
Discussion was held by the Board in regard to the proposed change
to the proposed parking lot, to which Mr. Montgomery responded.
A MOTION WAS MADE BY LIPPS AND SECOND BY KELLY, TO APPROVE THE
REVISED PARKING LAYOUT ON MAP DATED JULY 28, 1981, AS FOLLOWS:
AYES: Lipps, Crosby, Kelly
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-56
Applicant: James R. Johnson
To permit additional square footage for display use (42,055 square
feet). Subject property is located on the north side of Oceanus,
approximately 200 feet from Triton (5221 Oceanus).
This request is covered by Environmental Impact Report No. 73-16.
Acting Secretary Lipps outlined the application. He believed
the only difficulty might be in regard to parking but added that it
seemed to be working out well.
Fire Chief Kelly referred to the sprinkling system and it was sug-
gested that the applicant contact Bill Cooper of the Fire Department
in regard to the underground sprinkling system.
MISCELLANEOUS:
The Board discussed the continual problems with setbacks which
have been the subject of conditional exception applications.
There being no further business, the meeting was adjourned.
O)a 4
%7C .
Walt Lipps, Acting Se r tary
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