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HomeMy WebLinkAbout1981-11-04MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 4, 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 OCTOBER 21, 1981 WERE APPROVED BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: Spencer, Tindall None None Truppelli AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 81-78 Applicant: Acutecare Walk In Medical Clinic,.Inc. To permit reduction of approximately 13 parking spaces for proposed medical use. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Carl Mankin, Architect, Stephen Jennings, M.D., and Ray Miller representing the owner of the building were present to speak on application. The public hearing was opened by Chairman Tindall who relayed the application to all concerned. Secretary Spencer outlined variance with regard to parking ratio. Dr. Jennings introduced himself to the Board stating he was a General Practitioner who will be working at the Clinic. He stated no appointments for patients would be necessary - strictly on a walk in basis. Patients will be treated for acute family Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Two CONDITIONAL EXCEPTION NO. 81-78 Appl.: Acutecare Walk In Medical Clinic, Inc. emergencies providing obstetric care, minor orthopedic trauma, x-ray service, etc. The public hearing was closed. Discussion ensued on parking situation between the Board and the applicant,who was told this request for parking reduction exceeds close to 30 percent of required parking per Code and that the Board felt no hardship has been demonstrated. The applicant was asked if he would consider revising his parking layout working in compact parking,'etc. The applicant agreed that a satisfactory parking plan could be worked out within one (1) week. ON MOTION BY-TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 81-78 WAS CONTINUED ONE (1) WEEK TO NOVEMBER 12, 1981, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSTAIN:• None CONDITIONAL EXCEPTION NO. 81-77 Applicant: Levi L. Tarrosa To permit a spa enclosure at 0' side and 0' rear yard and patio cover at 0' rear yard. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall. Secretary Spencer outlined building code requirements mentioning setbacks specifically. It was mentioned that the problem was not with the spa or patio but with the roofs covering same. The public hearing was closed. Mr. Tarrosa was present and spoke on his application. He said he was unaware of code requirements and necessary permits when he built enclosures. The Board expressed many options to Mr. Tarrosa which would bring these roof structures into conformance with the Code.. The Board felt no hardship or justification for varying from the Code was evident. ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 81-77 WAS DENIED BY THE BOARD OF ZONING ADJUSTMENTS BASED UPON THE FOLLOWING REASONS AND VOTES: -2- BZA 11/4/81 I- I Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Three CONDITIONAL EXCEPTION NO. 81-77 Applicant: Levi L. Tarrosa (Con't.) 1. Applicant failed to demonstrate hardship. 2. Other alternatives available to applicant wherein structures could conform with Code. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-81 Applicant: Frank & Isabel Montero To permit 1) a reduction of one (1) required on -site parking space, 2) a one (1) foot encroachment into corner cut-off, and 3) a five (5) foot encroachment into the required front setback at 7611 Warner Avenue. IN CONJUNCTION WITH: USE PERMIT NO. 80-35 Applicant: Frank & Isabel Montero One (1) Year Extension granted with all previous Findings and Conditions of Approval applicable by -the following votes: AYES: Tindall, Spencer, Truppelli NOES: None ABSENT: None The public hearing was opened with the applicant, Mrs. Montero, present speaking in favor of renewal of application. Conditional Exception No. 80-51 previously approved on October 29, 1981 had expired. Secretary Spencer reiterated that the lot configuration is narrow and odd shaped, coupled with the fact that forty (40) percent of the property is required for dedication to the City. With regard to lack of required on -site parking, Secretary Spencer stated that nirEty (90) feet along the east side of the building is available to accommodate the needed parking, and could be considered additional parking. ON MOTION BY SPENCER AND SECOND BY TRUPPELLI, CONDITIONAL EXCEPTION NO. 81-81 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL AS FOLLOWS ALONG WITH VOTES: REASONS FOR APPROVAL: 1. Due to location of subject parcel (northwest corner of Warner Avenue and Nichols Street) a portioned amount (40%) of street -3- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Four right-of-way dedication is required of properties within the same subdivision. 2. Subject parcel is a corner lot having an exterior side yard of approximately 90 linear feet, coupled with the fact that property east of area and adjacent to Nichols Street is developed as a church site with full street improvements. It was therefore determined that requiring additional 1/2 parking space per unit could be accommodated as on -street parking on Nichols Street. 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 an identical zone classification. 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 classification. 5. The granting of the Condition 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 on October 19, 1981, shall be the approved layout, subject to the modification herein: a. Applicant shall submit a revised plan showing an interior side yard of three (3) feet and an exterior side yard of six (6) feet. A plan delineating said modification 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 t administrative file, In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - Parking layout; -4- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Five - 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 plan 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 landscaping specifications on file in the Department.of Public Works. B. GENERAL CONDITIONS 1. Lot dimension shall be verified by survey prior to issuance of building permits. Results shall be submitted to the Secretary of the Board to be included in the permanent file. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None USE PERMIT NO. 81-39 Applicant: Ken Moody To permit the construction of a five (5) unit apartment building pursuant to Section 9162.3 of the Huntington Beach Ordinance Code, located at 5072 Dunbar Street in an R2, Medium Density Residential District. Ken Moody was present at meeting. The Chairman opened the public hearing. There being no one to speak for or against the proposed project, the public hearing was closed. Board discussion ensued covering interior circulation, covered and open parking spaces, landscaping, and reciprocal common driveway easement. WITH ALL APARTMENT STANDARDS BEING MET, ON MOTION BY TRUPPELLI AND SECOND BY SPENCER, USE PERMIT NO. 81-39 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, ALSO VOTES: 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 -5- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Six 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 November 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: - 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: Truppelli, Spencer, Tindall NOES: None ABSENT: None TENTATIVE PARCEL MAP 11O. 81-582 Applicant: Keith Wichner To permit one (1) lot (50' x 1171) to be split into two (2) equal 25' x 117' Lots for R-1 Development. Location is 516 - 13th Street. This request is a categorical exemption, Class. 15, California Environmental Quality Act, 1970. Chairman Tindall introduced application. Secretary Spencer informed Board that Tentative Parcel Map No. 81-582 is to be heard by the Planning Commission on November 17, 1981, in con- junction with Conditional Exception No. 81-014. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None -6- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Seven ADMINISTRATIVF REVIEW NO. 81-74 (Continued from 10/28/81) Applicant: Harbor Engineers To permit a 17,221 square foot Industrial Two -Story Building located at 15221 Transistor. Chairman Tindall informed the Board this request falls within the scope of EIR 73-16. Secretary Spencer briefly outlined the revised plan received satisfying previous concerns. Review by the Board showed landscaping and parking now in compliance with the Code, with the only stipulation being that the mezzanine area is to be utilized for storage only and not to be used for any other purpose. Joe Dow, in attendance representing owner, gave his assurance that same would be carried out. ON MOTION BY SPENCER AND SECOND BY TRUPPELLI, ADMINISTRATIVE REVIEW NO. 81-74 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan and elevations received October 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; - 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 pro- posed to screen said equipment. -7- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page. Eight ADMINISTRATIVE REVIEW NO. 81-74 (Con't.) ANAL: Harbor Engineers B. GENERAL CONDITION: 1. The 3,716 square foot mezzanine storage area shall be utilized for storage only. AYES: Tindall, Spencer, Truppelli NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-75 Applicant: K. W. Donsbach To permit construction of parking lot and landscaping at 7422 Mountjoy, with M1 zoningrfor an indefinite period of time. This request is a categorical exemption, Class. 3E, California Environmental Quality Act, 1970. Introduction of this application was made by Chairman Tindall. Gordon Mountjoy was in attendance. The Board reviewed the plan, discussing in particular utilization of easement area, setbacks from curb, total parking layout with compact parking suggested, parking compound and property line to be separated by six (6) foot of landscaping, and lighting. Two points of concern to be worked out, which will become a permanent part of the administrative file, are berm location and modification of driveways showing a width of 27 feet. ON MOTION BY SPENCER AND SECOND BY TRUPPELLI, ADMINISTRATIVE REVIEW NO. 81-75 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received October 30, 1981, shall be the approved layout, subject to the modification described herein: a. All applicable provisions of Article 979 of the Huntington Beach Ordinance Code shall be complied with. 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. LA -8- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Nine ADMINISTRATIVE REVIEW NO. 81-75 (Con't.) Applicant: K. W. Donsbach 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. The following plan 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 landscaping specifications on file in the Department of Public Works. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None SPECIAL EVENT NO. 81-22 Applicant: Van Brewer/Mike Nunn To permit three (3) day Tent Sale in parking lot at 83 Huntington Center, November 13 thru 15th, 1981. Promotion to be held by Barker Bros. Home Furnishings in conjunction with the Huntington Center Great New Mall Sale. The tent will be adjacent to Barker Bros. in parking area. Secretary Spencer stated he had received a letter from the Huntington Center Merchants Association supporting this promotion. Mention was also made that no signs are to be in the public right -.of -way. ON MOTION BY SPENCER AND SECOND BY TINDALL, SPECIAL EVENT NO. 81-22 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: 1. The plot plan received November 3, 1981, shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An on -site inspection by the Fire Department shall be -9- BZA 11/4/81 Minutes: H.B. Board of Zoning Adjustments November 4, 1981 Page Ten 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. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. rles P. Tpenc-S-K417ecretary Board of Zoning Adjustments -10- BZA 11/4/81