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HomeMy WebLinkAbout1981-10-14MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 14, 1981 - 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Kelly STAFF PRESENT: Truppelli . MINUTES: ON MOTION BY TINDALL AND SECOND BY TRUPPELLI THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 30, 1981, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSTAIN: Kelly REGULAR AGENDA ITEMS CONDITIONAL EXCEPTION NO. 81-65 Applicant: Marshall L. Herrera, Jr. To permit reduction in required open space.dimensions. This request is covered by categorical exemption, Section 15105, Class. 5, California Environmental Quality Act, 1970. Mr. Marshall L. Herrera, Jr., the applicant, was present. Chairman Tindall introduced the application to the Board. The public hearing was opened. Secretary Spencer reported that this application had been continued from an earlier meeting in order to allow the applicant time to revise his proposal as to reduce the previously identified adverse impacts. Revised plans were submitted by Mr. Herrera wherein a request for reduction in minimum open space dimensions only were requested. It was agreed by the Board the new plan was far superior to original plan submitted. The public hearing was closed. Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Two CONDITIONAL EXCEPTION NO. 81-65 Appl.: Marshall L. Herrera, Jr. (Con't.) As this reduction into open space dimensions is minimal with no encroachment into open space area, having no adverse impact to subject property, the Board unanimously approved Conditional Exception No. 81-65. ON MOTION BY KELLY AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO: 81-65 WAS APPROVED BY THE BOARD MEMBERS FOR THE FOLLOWING REASON, FINDINGS, AND CONDITIONS OF APPROVAL WITH VOTES AS FOLLOWS: REASON: 1. The granting of a small reduction into open space dimensions was felt justifiable by allowing a reasonable sized room addition with maximum use of his property. 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. 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 revised conceptual plot plan and elevations received October 7, 1981, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: -2- BZA 10/14/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Three - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinity. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-37 (In conjunction with N.D. No. 80-57) Applicant: Jay Truax Miller/Truax Assoc. To permit the construction of a 28 unit apartment complex with recreation building and spa/pool. Mr. David Miller and Mr. Wooldridge were present to represent this application. The public hearing was opened by Chairman Tindall. This request is covered by Negative Declaration No. 80-57. 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. 80-57 WITH THE FOLLOWING MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 80-37 GENERAL CONDITIONS 3 THRU 6 BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None It was reiterated by Secretary Spencer that this 28 unit apartment building conform to all Code requirements for apartments. Conversation ensued between the Board and Mr. Miller discussing balconies, on -site circulation, setback distance of wall from right-of-way, height and grading differential by wall, etc. Mr. Miller informed the Board that the wall in question will be replaced with a six (6) foot block wall and that the architecture of the building will be consistent with area. -3- BZA 10/14/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Four Frank Kelly, Fire Division Chief, expressed concern over security gate located at entrance to complex from Florida Street stating it would have to be modified. Rolling or sliding type were suggested to the applicant. Kelly also requested that the location of the fire hydrant and fire lane be shown on final plan with fire signs and knox boxes as outlined in General Conditions in following Conditions of Approval. The public hearing was closed. ON MOTION BY KELLY AND SECOND BY TINDALL, USE PERMIT NO. 80-37 WAS APPROVED SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL 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: I. The conceptual plot plan and elevations received October 1, 1981, shall be the approved layout, subject to the modification described herein: a. Security gate located at entrance to complex from Florida Street shall be designed to provide a minimum unobstructed clearance of twenty (20) feet from right-of-way. 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 admin- istrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: I -4- BZA 10/14/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Five - 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. B. GENERAL CONDITIONS: 1. Fire signs and knox boxes shall be installed on all security gates. Said signs and lock boxes shall be approved by Fire Department. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None PLOT PLAN AMENDMENT NO. 81-5 Applicant: Harrison/Lorenzini To permit addition of assembly space to existing Parish Hall located at 20444 Magnolia Avenue, Chairman Tindall outlined request by applicant who was not in attendance. The public hearing was opened. This request is covered by categorical exemption, Section 15103, Class. 3, California Environmental Quality Act, 1970. The Board discussed the proposal and all concurred that Code requirements were satisfied for this small addition and that same was consistent with church's master plan. There being no other parties present to speak for or against the proposal, the public hearing was closed. ON MOTION BY SPENCER AND SECOND BY KELLY,PLOT PLAN AMENDMENT NO. 81-5 WAS APPROVED FOR THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL WITH VOTES AS FOLLOWS: REASONS: 1. Proposal was within substantial Ordinance Code conformance. -5- BZA 10/14/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Six 2. Addition to existing Parish Hall would not cause an adverse impact in area. FINDINGS: 1. The amendment does not constitute a substantial change. 2. The proposed use of the property remains the same. 3. 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 October 1, 1981, shall be the approved layout, pursuant to Section 9811.4 of the Huntington Beach Ordinance Code. 2. The following plan shall be submitted to the Secretary of the Board: (a) 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. 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. CONDITIONAL EXCEPTION NO. 81-74 Applicant: D'Ambra, Inc. To permit a four (4) foot reduction to minimum open space dimension at 9181 Sherry Circle. This request is covered by categorical exemption, Section 15105, Class. 5, California Environmental Quality Act. -6- BZA 10/14/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Seven Introduction of Conditional Exception No. 81-74 was made by Chairman Tindall. The public hearing was opened. Mr. D.F. D'Ambra, President of D'Ambra, Inc., was present to speak on the application. Secretary Spencer questioned the applicant asking if a front addition had been considered. Mr. D'Ambra replied that due to the layout of the home a front addition would not be feasible and, with further discussion, the Board agreed. Board discussed the proposed reduction in rear yard setback and concluded that a hardship did indeed exist upon the property due to the configuration of the lot. With no correspondence having been received or telephone calls and with no other parties present to speak for or against Conditional Exception No. 81-74, the public hearing was closed. Conditions of Approval were discussed. ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 81-74 WAS APPROVED FOR THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: REASONS: 1. Open space exceeds code requirement. 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, 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. -7- BZA 10/14/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 14, 1981 Page Eight CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received September 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: - 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, Kelly NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. C es P. Spencrdj'ustments Secretary Board of Zoning -8- BZA 10/14/81