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HomeMy WebLinkAbout1981-09-30MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, SEPTEMBER 30, 1981•- 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Truppelli MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 1981 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall NOES: None ABSENT: None ABSTAIN: Truppelli AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 81-65 Applicant: Marshall L. Herrera, Jr. To permit reduction in minimum open space area and minimum open space dimension. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. The applicant was not present. There being no parties present to speak on the application, the public hearing was closed. Secretary Spencer stated he had not heard from Mr. Herrera but that the applicant would be notified of his new hearing date set for October 7, 1981. If applicant does not appear, the Board will act on application. ON MOTION BY SPENCER AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-65 WAS CONTINUED TO OCTOBER 7, 1981 BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS September 30, 1981 Page 2 CONDITIONAL EXCEPTION NO. 81-62 Applicant: Mark P. Dunn To permit reduction in open space dimensions. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall asking who was present to speak for or against this application. With no one in attendance, it was the consensus of the Board to grant the applicant a continuance of one week, to the meeting of October 7, 1981. The public hearing was closed. ON MOTION BY SPENCER AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-62 WAS CONTINUED TO THE BOARD OF ZONING ADJUSTMENTS MEETING OF OCTOBER 7, 1981 BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 80-29 Applicant: Conroy's, Inc. To permit extension of time on previously approved Use Permit No. 80-29. This request is a categorical exemption Class 1, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. Secretary Spencer informed the Board that Use Permit No. 80-29 was previously granted Approval by the Board of Zoning Adjustments on September 17, 1980 permitting a C2 use in a C4 zone (florist shop) located on the northwest corner of Beach Boulevard and Warner Avenue and that the applicant required more time obtaining permits i.e. demolition permit, etc. The Board unanimously approved one (1) year extension of Use Permit No. 80-29 with all previous Findings and Conditions of Approval applicable. The public hearing was closed. 1 -2- BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 3 Conditional Exception No. 81-69 Applicant: Alamo Construction To permit a reduction in required open space and minimum dimen- sion for a room addition. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing and introduced the application. Roy H. Mandry, of Alamo Construction, and Mrs. Vickie York were present to represent the application. Secretary Spencer outlined details on dimensions. Discussion ensued. Mr. Mandry spoke up stating Mr. and Mrs. York had recently married and, both having children, need the extra bedrooms to relieve an undue hardship. It was agreed by the Board that the variance affords property ample room for recreational use. The public hearing was closed. ON MOTIO17 BY SPENCER AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-69 WAS APPROVED BY THE FOLLOWING VOTE, REASONS, FINDINGS, AND CONDITIONS OF APPROVAL: REASONS: 1. Open space meets 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 use of subject property, 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. -3.- BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 4 Conditional Exception No. 81-69 (Con't.) Applicant: Alamo Construction FINDINGS: 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: The conceptual plot plan and elevations received September 3, 1981, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - 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. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None Plot Plan Amendment No. 81-4 Applicant: Village Townhomes, Inc. To permit relocation of an existing fence - various areas within the subdivision. This request is a categorical exemption Class 1, California Environmental Quality Act, 1970. Fern Langdale, Manager of Village Townhomes, and Everett J. Levell, owner of one of the townhomes, who drew up the plans submitted to the Board were in attendance along with other townhome owners. The public hearing was opened by Chairman Tindall who related the application to all concerned. Secretary Spencer explained code requirement for extending the existing private patio and fence into the common area within the subdivision with minor encroachment into open space. -4-- BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 5 Plot Plan Amendment No. 81-4 (Con't.) Applicant: Village Townhomes, Inc. Mr. Levell explained in detail to the Board location of the four (4) areas involved. Chairman Tindall asked why they were not requesting approval for all of the townhomes at one time. Mr. Levell stated that financially this was all they could afford at this time. Elisabelle Wiatt, Village Townhome owner, spoke saying she was not included in this change and felt that it was unfair for others to gain larger patios and rose gardens. Ms. Wiatt was told this was not a problem to be taken up with the Board of Zoning Adjustments but was a civil matter which should be addressed to her Home Owners Association. She was told the matter at hand was for an improved plan for relocation of existing fences submitted by the Home Owners Association for Village Townhomes, Inc. which represents the majority of the people in her complex. Fire Protection ;specialist Truppelli said a tour of the premises had been made showing easy access to the property. The public hearing was closed. ON MOTION BY SPENCER AND SECOND BY TINDALL, PLOT PLAN AMENDMENT NO. 81-4 WAS APPROVED FOR THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL WITH THE FOLLOWING VOTE: REASONS: 1. Proposal was within substantial ordinance code conformance. 2. Improved plan for patio and fence encroachment minimal into open space affording owners to have more private recreational space. FINDINGS: 1. The amendment does not constitute a substantial change. 2. The proposed use of the property remains the same. 3. The dwelling unit density has not been increased. 4. The adjustment results in an improved plan. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received September 1, 1981, shall be the approved layout, subject to the modification described herein: -5- BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 6 Plot Plan Amendment No. 81-4 (Con't.) Applicant: Village Townhomes, Inc. 2. The following plan shall be submitted to the Secretary of the Board: (a) Landscape and irrigation plan complying with Article 976 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. 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. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-73 Applicant: Jerry Britain To allow a fire -damaged garage originally constructed with a side -on entry to be reconstructed having a front entry at a 20-foot setback in lieu of the code required 22-foot setback. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. Jerry Britain was present to represent the application. Secretary Spencer gave a brief presentation of the application. It was felt by the Board that a front entry to the garage having a 20-foot setback would bring this home into conformance with others in the tract, allow more desirable parking and improve the appearance of the home. For these reasons the Board was in favor of approving this application. ON MOTION BY TINDALL AND SECOND BY TRUPPELLI, CONDITIONAL EXCEPTION NO. 81-73 WAS APPROVED UNDER THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: -6 - BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 7 CONDITIONAL EXCEPTION NO. 81-73 (Con't.) Applicant -'-.Jerry Britain REASON: 1. 20 foot setback granted for front entrance to garage in lieu of code requirement of 22 foot allowing this home to be consistent with other homes in this tract. 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, 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. a. 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: 1. The conceptual plot plan and elevations received September 22, 1981, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - 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. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None -7- BZA 9/30/81 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 8 USE PERMIT NO. 81-35 Applicant: T. Sytsema To permit a 396 square foot room addition. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer gave a brief background of ordinance code requirements for the permission of a Use Permit. The public hearing was opened. Mr. Sytsema addressed the Board and stated the reason for the request was to improve appearance of his home by adding a small addition to the front and back. He mentioned he had lived in the house 18 years buying same in 1974. There being no other parties present to speak on the application, the public hearing was closed. Conditions of Approval were discussed and the applicant was advised on filing procedure. As the addition conforms in property setback compatible with adjacent property with no change to driveway or garage, and meets Ordinance Code, Use Permit No. 81-35 was approved for the following Reasons, Findings, and Conditions of Approval, by the following votes: REASON: 1. The proposed room addition meets all zoning requlations. 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. -8- BZA 9/30/81 1 Minutes: H.B. Board of Zoning Adjustments September 30, 1981 Page 9 USE PERMIT NO. 81-35 (Con't.) Applicant: T. Sytsema CONDITIONS OF APPROVAL: 1. The conceptual plot plan and elevations received September 16, 1981, shall be the approved layout. In its approval action, the Board -of Zoning Adjustments considered the following issues relating to the conceptual plan: - 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. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. 00 s P. Spencer, ecretary Board of Zoning Adj stments -9- BZA 9/30/81