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HomeMy WebLinkAbout1981-10-21MINUTES HUNTINGTO14 BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, OCTOBER 21, 1981 - 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Kelly MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETING OF OCTOBER 7, 1981 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall NOES: None ABSENT: None ABSTAIN: Kelly AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 81-579 Applicant: Roy C. Bayer & Assoc. c/o David C. Breiholz & Co., Inc. To permit consolidation of three (3) parcels into one (1) parcel. This request is a categorical exemption, Class 15, California Environmental Quality Act, 1970. Secretary Spencer informed the Board that the applicant had requested deferral for one (1) week to October 28, allowing Tentative Parcel Map"No. 81-579 to be heard with Administrative Review No. 81-64. . ON MOTION BY SPENCER A17D SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-579 WAS CONTINUED TO OCTOBER 28, 1981 BY THE FOLLOWING VOTE: AYES: Spencer, %ndall, Kelly NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Two CONDITIONAL EXCEPTION NO. 81-76 Applicant: William Beck To permit reduction in open space area and/or dimension. Location at 20902 Beachwood Lane. The Chairman introduced the application. The public hearing was opened. Secretary Spencer outlined the application along with code requirements. Mr. William Beck, the applicant, was present. Mr. Beck spoke on his proposal stating his hardship was due to this unique piece of property being on a corner with home at zero lot line with only space available to build this addition being on the rear interior side yard. He stated it would not interfere with surrounding property owners privacy but would allow him to enjoy the same privileges as enjoyed by his neighbors. With no one else in attendance in opposition, the public hearing was closed. As setback remains abundant, with open space area exceeding code requirements, the Board concurred to approve Conditional Exception No. 81-76. WITH VOTES AS FOLLOWS, ON MOTION BY KELLY AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-76 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL: REASONS: 1. Open space is ample meeting standards of the Code. 2. Side addition, on corner, allowing no adverse impact to neighbors. 3. Addition would allow applicant same privileges enjoyed by his neighbors. 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 iddntical zone classifications. -2- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981' Page Three 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 conceptual plot plan and elevations received October 5, 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: Tindall, Spencer, Kelly NOES: None ABSENT: None USE PERMIT NO. 81-37 Applicant: Allen E. Johnson Development, Inc. To permit addition to a structure with nonconforming yard. This request is a categorical exemption, Class. 5,-California Environmental Quality Act, 1970. Chairman Tindall introduced the application. The public hearing was opened. -3- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Four Mr. Allen E. Johnson and Mrs. Marshburn (owner of home) were in attendance to represent this application. Home located at 503 - -13th- -Street-.,- - Secretary Spencer stated that the plan check showed no significant deficiencies_ to the proposal. He stated this single family dwelling, in townlot, was a minor addition with all setback and code requirements met with no dedication of alley required. He mentioned that this application was necessary pursuant to Section S-9719 of Code as existing development is considered nonconforming:`•=_ The public hearing was closed. Mrs: Marshburn addressed the Board saying this room addition was necessary for health reasons with accessibility being the main factor for addition. = As the rear yard is large, with addition -presenting no adverse impact to neighbors, and as there was no one in attendance against this addition, the Board agreed that this Use Permit should be granted. ON -MOTION BY -SPENCER AND SECOND BY KELLY, USE PERMIT NO. 81-37 WAS -_,.APPROVED FOR THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: r REASONS : _ 1.,._-Proposed-addition is compatible both in design and color of _main -.dwelling. 2.---.Proposed additions setbacks conform to all applicable zoning requirements. 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. -4- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Five 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 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: - 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 CONDITIONAL EXCEPTION NO. 81-75 Applicant: Panchal Engineering, Inc. To permit elimination of block wall along portions of eastern property line. This request is a categorical exemption, Class. 4, California Environmental Quality Act, 1970. The public hearing was opened and introduced by Chairman Tindall. Property located at 5172 Warner Avenue - south side. Secretary Spencer outlined the code requirements for this type of application and stated it was not the applicant's actual intent to completely eliminate a wall. The public hearing was closed. Jay Panchal, representing Mr. Jedinak (owner of the property), along with many neighboring residents adjacent to this commercial property were in attendance. The present wall was discussed. Ms. Kawase spoke on grading and height of the wall. She stated that this wall was being used as a retainer wall by the commercial property owner -5- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Six and not for original use for privacy and that utilization of the existing wall as a retainer wall could result in a dangerous condition for the resident on the lower side should heavy rains causing slippage come about. Gordon Kelly, another adjacent property owner, was in attendance and expressed concern on drainage. Board conversation ensued wherein a mutual agreement was reached to construct a six (6) foot high, six (6) inch thick, masonry block wall along the entire easterly property line as required by the ordinance between residential and commercial development. It was also agreed that due to the land -fill on the commercial side being higher,that a six-(6)'foot'wall could range in height to exceed ten (10) foot blocking sunlight from adjacent resident as well as no privacy_being afforded by the commercial site, that said.-wall'.s height shall not exceed six (6) foot at any point exclusive of any_retaining portion required. Action was made by the Board to accept the applicant's request to withdraw original application eliminating wall along easterly property line and restructure request to reduce height requirement of proposed separation as not to exceed a height of six (6) feet. ON MOTION BY KELLY AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 81-75 WAS APPROVED BY THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL ALONG WITH VOTES: 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. 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. -6- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Seven 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, subject to the modification described herein: a. Revised site plan shall be submitted showing a six (6) foot high, six (6) inch thick, masonry block wall along the entire easterly property line. Said wall's height shall be exclusive of any retaining portion required. 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. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - 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 SPECIAL EVENT NO. 81-21 Applicant: Jack Gerson To permit a church sponsored carnival. Jack Gerson, applicant, was present. The Board reviewed the proposal and advised the applicant on all necessary permits, insurance, etc. Mr. Gerson was informed that the Fire Department needs a map showing access and circulation as soon as possible and that a lighting plan is to be submitted to the Secretary of the Board. Two day appeal mentioned to applicant. ON MOTION BY TINDALL AND SECOND BY SPENCER, SPECIAL EVENT NO. 81-21 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL AND VOTES: CONDITIONS OF APPROVAL: 1. The plot plan received September 23, 1981 shall be the approved layout. 2. The -applicant shall obtain all necessary electrical permits. -7- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Eight 3. An on -site inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. 5. Applicant shall submit for approval by the Fire Department a detailed plan indicating the location of all carnival equipment prior to the event. AYES: Tindall, Spencer, Kelly NOES: None ABSENT: None USE PERMIT NO. 81-38 Applicant: Sundance Leasing, Inc. To permit auto and equipment sales and leasing. Covered by Negative Declaration No. 77-36. Chairman Tindall outlined the proposal to the Board. The public hearing was opened. Secretary Spencer presented some background on the application stating this was primarily a leasing operation with possibly two (2) employees at the most. The building was originally designed for office use with retail parking with three (3) extra.parking spaces. The public hearing was closed. Larry Goudge, President of Sundance Leasing, Inc. and tenant, was present to speak for his application. The Board discussed entitlement of the use with Mr. Goudge as outlined in the following Conditions of Approval. Chairman Tindall expressed concern over parking. Mr. Goudge mentioned that the church parking lot next door was not used during the week and that they had volunteered use of their parking facility during the week if needed. Mr. Goudge felt ample parking was displayed. ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 81-38 WAS APPROVED BY 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: -8- BZA 10/21/81 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Nine 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 October 8, 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. B. GENERAL CONDITIONS: 1. Lease or sale of automobiles shall not exceed more than three (3) at one time as shown on site plan. 2. There shall be no flags or pennants on building or cars. 3. All proposed signage shall conform to Article 976 of the Huntington Beach Ordinance Code. 4. Business shall be limited to sales or leasing only. There shall be no servicing or repairs of automobiles on site. 5. Subject to six (6) month field review to assure compliance with Code. AYES: Spencer, Kelly NOES: Tindall ABSENT: None -9- BZA 10/21/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Ten USE PERMIT NO. 80-31 (originally approved 10/1/80) Applicant: Howard F. Thompson '& Assoc., Inc. To permit one (1) year extension covering Use Permit previously granted on 10/1/80 permitting commercial uses in a C4 zone. Subject property is located on the southwest corner of Bolsa Avenue and Springdale Street. Chairman Tindall introduced request. The public hearing was opened. Secretary Spencer stated he had received a letter from Kacor Development wherein a request for a one (1) year extension for Use Permit No. 80-31 was requested. He stated that during the year 1982 they intend to commence actual development. The public hearing was closed. Jerald H. Roth, Area Project Manager for Kacor, was in attendance. Mr. Roth addressed the Board saying the extension of time was necessary due to a change in plans. Board discussion ensued. It was the consensus of the Board to grant one (1) year extension on Use Permit No. 80-31. ON MOTION BY SPENCER AND SECOND BY TINDALL, USE PERMIT NO. 80-31 WAS GRANTED ONE (1) YEAR EXTENSION SUBJECT TO ALL PREVIOUS FINDINGS AND CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTES: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 81-581 Applicant: James L. Foxx To consolidate two (2) lots into one (1) lot located at 307 17th Street. This request is a categorical exemption, Class. 15, California Environmental Quality Act, 1970. John Mandrell was in attendance to represent this application. Chairman Tindall introduced the application to the Board. Mr. Mandrell acknowledged receipt of the Conditions of Approval. -10- BZA 10/21/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Eleven Secretary Spencer gave a brief outline of the applicant's proposed consolidation and vehicular access rights to 17th Street being dedicated to the City of Huntington Beach. Filing procedures were discussed. ON MOTION BY SPENCER AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-581 WAS APPROVED WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS NOTED HEREIN, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed consolidation of two (2) parcels into one (1) parcel for purposes of professional offices is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for Commercial/Office/ Professional allowing for office professional buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specificiations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on October 16, 1981, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Vehicular access rights,to 17th Street shall be dedicated to the City of Huntington Beach. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. -11- BZA 10/21/81 Minutes: H.B. Board of Zoning Adjustments Wednesday, October 21, 1981 Page Twelve AyESe Spencer, Tindall, Kelly NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. t� /a�� - es P. Spenc , Secretary Board of Zoning Adjustments -12- BZA 10/21/81