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HomeMy WebLinkAbout1981-09-23• 9 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, SEPTEMBER 23, 1981 - 1:15 P.M. BOARD MEMBERS: MINUTES: REGULAR AGENDA ITEMS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA Spencer, Tindall,.Marshburn ON MOTION BY SPENCER AND SECOND BY MARSHBURN THE MINUTES .OF THE REGULAR MEETING OF AUGUST 26, 1981, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Marshburn NOES: None ABSENT: None ABSTAIN: Tindall ON MOTION BY TINDALL AND SECOND BY SPENCER THE MINUTES OF THE REGULAR MEETINGS OF SEPTEMBER 2 AND 9, 1981, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Tindall, Spencer NOES: None ABSENT: None ABSTAIN: Marshburn CONDITIONAL EXCEPTION NO. 81-49 Applicant: Kenneth A. Reynolds To permit (1) Room addition to encroach five (5) ft. into rear yard setback. (2) Garage addition to encroach fourteen (14) ft. into front yard setback and; (3) A five (5) ft. high wall to encroach into front yard setback. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing and introduced the application. Secretary Spencer stated he had received a request -from Mr. Reynolds requesting continuance of Conditional Exception No. 81-49 until November 11, 1981, due to pending possible code amendment relating to room additions. Board concurred with continuance. The public hearing was closed. 4 Minutes, H.B. Board of Zoning Adjustments September 23, 1981 Page 2 ON MOTION BY SPENCER AND SECOND BY TINDALL'CONDITIONAL EXCEPTION Na 81-49 WAS CONTINUED UNTIL NOVEMBER 11, 1981, BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Marshburn NOES: None ABSENT: None CONDITIONAL EXCEPTION NO.. 81-62 Applicant: Mark P. Dunn To permit reduction in open space dimension. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The Chairman outlined the proposal to the Board. The public hearinq was opened. Secretary Spencer had not heard from the applicant and, therefore, would suggest a continuance until September 30, 1981, in order to allow the applicant to be present. There being no other parties present to speak for or against the application, the public hearing was closed. ON MOTION BY SPENCER AND SECOND BY TINDALL CONDITIONAL EXCEPTION NO. 81-62 WAS CONTINUED UNTIL SEPTEMBER 30, 1981, BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Marshburn NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-68 Applicant: Jacquelyn L. Johnson To permit reduction in the required open space (30 square feet). This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall. Secretary Spencer outlined the proposal to the Board. The extent of the encroachment was discussed and was considered to be minimal. Mr. Doyle Rhea was in attendance to represent Ms. Johnson. He concurred with the Board that this request was minimal as well as reasonable. Findings and Conditions of Approval were discussed. The public hearing was closed. -2- BZA 9/23/81 s r� is Minutes, H.B. Board of Zoning Adjustments September 23, 1981 Page 3 ON MOTION BY SPENCER AND SECOND BY TINDALL CONDITIONAL EXCEPTION NO. 81-68 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: 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 and location, 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 August 31, 1981, shall be the approved layout. AYES: Tindall, Spencer, Marshburn NOES: None ABSENT: None CONDITIONAL -EXCEPTION NO. 81-66 Applicant: Alamo Construction To permit reduction of approximately ninety (90) square feet from required open space. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. Roy Mandrey, Jr. Lic. Contractor was present to represent the application. -3- BZA 9/23/81 Minutes, H.B. Board of Zoning Adjustments September 23, 1981 Page 4 41 CONDITIONAL EXCEPTION NO. 81-66 (Con't.) Applicant: Alamo Construction Correction was made for the records that Conditional Exception No. 81-66 was for reduction of 60 square feet from required open space not 90 square feet. It was mentioned that this reduction of approximately 60 square feet from required open space dimension could be alleviated if applicant would add on to the front of his home rather than the rear. Mr. Mandrey said this had been discussed but that the applicant felt that due to the location of the house on the lot an addition in front would not compliment the property. Mr. Mandrey also mentioned that the driveway as shown on the plan was incorrect; driveway entrance off Howland Lane is straight ahead not a side entrance as shown into the garage. He further stated that the property line extends approximately one (1) foot past rear fence. Discussion ensued. It was the consensus of the Board to approve Conditional Exception No. 81-66. Secretary Spencer closed the public hearing. ON MOTION BY TINDALL AND SECOND BY MARSHBURN, CONDITIONAL EXCEPTION NO. 81-66 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL AS FOLLOWS: REASONS: Conditional Exception No. 81-66 was conditionally approved as: 1. Open space is adequate meeting standards of the code. 2. Minimal encroachment in open space dimensions. 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 and location, 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- BZA 9/23/81 Minutes, H.B. Board of Zoning Adjustments September 23, 1981 Page 5 CONDITIONAL EXCEPTION NO. 81-66 (Con't.) Applicant: Alamo Construction 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 August 27, 1981, shall be the approved layout. AYES: Spencer, Tindall, Marshburn NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-43 Applicant: Talbert, Larrance, Miller & Anderson To permit a reduction of minimum open space dimension from twenty (20) feet required to thirteen feet six inches (131611) provided. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. Secretary Spencer outlined the request to build a recreation room. Mr. Talbert was in attendance to represent the application. The plan submitted showed the rec. room as free standing. The applicant was questioned on this matter by Chairman Tindall. The applicant was asked why he did not wish to use the room below. Mr. Talbert replied that a home in their area had a similar addition that they liked and that architecturally this was the nicest improvement that he felt could be made to his older home. Mr. Talbert was told that in order to satisfy the ordinance code a better layout showing continuity of the rec. room as an integral part of the front house would have to be submitted to the Secretary - of the Board for approval before obtaining a building permit. It was mentioned in the hearing that under current zoning class- ification, proposed recreation room could not be used as a rental unit.' The public hearing was closed. -5- BZA 9/23/81 Minutes, H.B. Board of Zoning Adjustments September 23, 1981 Page 6 CONDITIONAL EXCEPTION NO. 81-43 (Con't.) Applicant: Talbert, Larrance, Miller & Anderson ON MOTION BY SPENCER AND SECOND BY MARSHBURN, CONDITIONAL EXCEPTION NO. 81-43 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL, WITH THE FOLLOWING VOTES: REASONS: 1. Placement of existing structure precludes a reasonable sized addition being placed on subject property. 2. Remaining open space area would exceed that which is required within the R-1 zone. 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, location and 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 1. The conceptual plot plan and elevations received September 9, 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; T - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. -6- BZA 9/23/81 a 0 • -4 Minutes: H.B. Board of Zoning Adjustments September 23, 1981 Page 7 CONDITIONAL EXCEPTION NO. 81-43 (Con't.) Applicant: Talbert, Larrance, Miller & Anderson AYES: Tindall, Spencer, Marshburn NOES: None ABSENT:None ADMINISTRATIVE REVIEW NO. 81-69 Applicant: William Thomas Mitchell To permit use as real estate office. This request is a categorical exemption, Class 3, California Environmental Quality Act, 1970. Chairman Tindall introduced the application. Sal Manzella and Tom Deutch were present to represent the application. Secretary Spencer felt it was of utmost importance to make sure the applicant was fully aware of the fact that this building had been inspected subject to the Huntington Beach Municipal Code, Chapter 17.16, and has been classified as an excessive hazard. All buildings classified as excessive hazard shall be improved or removed within two (2) years and that the two year period for this building will expire on April 14, 1982. It was discussed that this application was for the ground floor only and that the upstairs would not be utilized for anything. The applicant recognized the importance of keeping the door to the upstairs bolted at all times, absolutely no entitlement. Parking was discussed by the Board. It was agreed that parking would be sufficient to service this particular use only. Fire Representative Marshburn discussed fire protection with the applicant. ON MOTION BY SPENCER AND SECONDED BY TINDALL ADMINISTRATIVE REVIEW NO. 81-69 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: -7- BZA 9/23/81 Minutes: H.B. Board of Zoning Adjustments September 23, 1981 Page 8 ADMINISTRATIVE REVIEW NO. 81-69 (Con't.) Applicant: William Thomas Mitchell 1. The conceptual plot plan and elevations received September 14, 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. 2. This approval is for the downstairs portion of the building only; the second floor shall not be utilized and shall be made not accessible to the public. AYES: Tindall, Spencer, Marshburn NOES: None ABSENT: None USE PERMIT NO. 81-34 (In conjunction with N.D. No. 81-44) Applicant: Robert E. Jarrard, Managing General Partner To permit construction of an 11,400 square foot office building in an R-5 zone. The public hearing was opened by Chairman Tindall. This application is covered by Negative Declaration No. 81-44. Mr. Jarrard was present to represent the application. ON MOTION BY SPENCER AND SECOND BY TINDALL, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-44 WITH THE MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 81-34 AND GENERAL CONDITIONS IMPOSED ON USE PERMIT NO. 81-34 BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Marshburn NOES: None ABSENT: None 0 • C -8- BZA 9/23/81 It Minutes: H.B. Board of Zoning Adjustments September 23, 1981 Page 9 USE PERMIT NO. 81-34 (In conjunction with N.D. No. 81-44) Con't. Applicant: Robert E. Jarrard, Managing General Partner Chairman Tindall introduced Use Permit No. 81-34. Secretary Spencer advised the applicant on landscaping stating that a revised plan would have to be submitted to the Secretary of the Board, for approval, showing one (1) foot increase in landscaping dimensions. .. The public hearing was closed. Chairman Tindall questioned the applicant (in attendance) regarding the effectiveness of the two (2) phase building plan acting on first phase only. The Board listened to the merits of the applicants views on abutting property. A lengthy discussion followed. The applicant agreed to a future reciprocal agreement with the adjacent property owners for both access and circulation for the property fronting on Main Street. ON MOTION BY SPENCER AND'SECOND BY TINDALL USE PERMIT NO. 81-34 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, 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, CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 24, 1981, shall be the approved layout, subject to the modification described herein: -9- BZA 9/23/81 Minutes: H.B. Board of Zoning Adjustments • September 23, 1981 - Page 10 Use Permit No. 91-34 (In conjunction with ND-81-44) Appl.: Robert E. Jarrard CONDITIONS OF APPROVAL (Con't. a. The landscaping along Kartron Street shall be increased to show a minimum width of six (6) feet. 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. Tn 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 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 land- scaping 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. 3. Parcel Map shall be filed prior to issuance of building permit. Y B. GENERAL CONDITIONS: 1. The Parcel Map shall be recorded prior to occupancy. 2. 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. 3. 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. 0- E _10- BZA 9/23/81 Ob, Minutes: H.B. Board of Zoning Adjustments September 23, 1981 is Page 11 i USE PERMIT NO. 81-34 (In conjunction with N.D. No. 81-44) Con't. Applicant: Robert E. Jarrard, Managing General Partner CONDITIONS OF APPROVAL (Con't.) 4. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 5. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 6. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this develop- ment 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. 7.- 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. 8. 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: Tindall, Spencer, Marshburn NOES: None ABSENT: None THERE BEING _TO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. CK1afles P. Spence , ecretary Board of Zoning -Adjustments -11- BZA 9/23/81