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HomeMy WebLinkAbout1981-11-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California THURSDAY,- NOVEMBER 12, 1981 - 1:15 P.M. BOARD MF,MBERS: Palin, Tindall, Kelly, Smith, Spencer STAFF PRESENT: Truppelli MINUTES: ON MOTION BY SPENCER AND SECOND BY KELLY, THE MINUTES OF THE REGULAR MEETING OF OCTOBER 28, 1981, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Tindall NOES: None ABSENT: None ABSTAIN: Palin, Smith AGENDA ITEMS TO BE CONTINUED: 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 introduced the proposal to the Board. The public hearing was opened. Spencer informed the Board that Ken Reynolds had contacted him by telephone on November loth requesting an additional thirty (30) day continuance. There being no other parties present to speak for or against this application, the public hearing was closed. ON MOTION BY PALIN AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 81-49 WAS CONTINUED ONE MONTH TO THE MEETING OF DECEMBER 9, 1981 BY THE FOLLOWING VOTE: AYES: Palin, Smith, Tindall, Kelly, Spencer NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Two *q USE PERMIT NO. 81-36 (Continued from 10/28/81) Applicant: James Duane Walden/Connie L. Hilberg Walden To permit addition to a structure with non -conforming yards. This reauest is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall who relayed the application to all concerned. Secretary Palin informed the Board that staff members had met with the applicant earlier in the day wherein it was mutually agreed to continue this application to the meeting of November 25, 1981, in order to reanalyze request and to readvertize previously denied Conditional Exception No. 81-80, which is being restructured as to accommodate on -site parking. The public hearing was closed with no one in attendance for or against this application. ON MOTION BY PALIN AND SECOND BY TINDALL, USE PERMIT NO. 81-36 WAS CONTINUED UNTIL THE MEETING OF NOVEMBER 25, 1981, IN ORDER TO BE HEARD IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 81-80, BY THE FOLLOWING VOTE: AYES: Palin, Smith, Tindall, Kelly, Spencer NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-82 Applicant: Dr. Craig Rosenberg To permit a six (6) foot block wall along front property line. The public hearing was opened with the applicant, Dr. Craig Rosenberg, in attendance. Secretary Palin outlined the proposal. Dr. Rosenberg addressed the Board stating the purpose for constructing a six (6) ft. wall along the back edge of the sidewalk that runs along the front property line (triangular in shape) was for safety due to the slope of the property causing a hazardous situation and for privacy as he wishes to construct a pool and jacuzzi in side yard open space area. He stated that his yard in one spot was approximately four (4) foot below sidewalk level. The public hearing was closed. -2- BZA 11/12/81 Minutes: H.B. Board November 12, 1981 Page Three of Zoning Adjustments Board discussion ensued with the applicant being advised on wall height, setbacks from curb and for wall, variation of materials for wall on northerly end, landscape pockets between wall and back of sidewalk allowing less deviation from Code. It was the consensus of the Board that for the applicant to utilize his side yard open space with a wall was not an unreasonable request but that a revised plan showing modifications as discussed, and agreed to by applicant, shall be submitted to the Secretary of the Board for approval. The help of our Planning Staff was offered to the applicant. ON MOTION BY SMITH AND SECOND BY PALIN, CONDITIONAL EXCEPTION NO. 81-82 WAS CONDITIONALLY APPROVED FOR THE FOLLOWING REASON, WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS ALONG WITH VOTES: REASON: 1. Due to subject property's unusual size and shape and in order for property owner to enjoy the same privileges awarded neighboring properties, it was felt that placement of wall 01 within front yard setback created minimal adverse impacts to adjacent properties. 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, shape and topography, 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 31 affect the General Plan of the City of Huntington Beach. -3- BZA 11/12/81 r. Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Four CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 28, 1981, shall be the approved layout, subject to the modification described herein: a. Proposed wall to be redesigned to accommodate landscape pockets between wall and back of sidewalk. Special attention is to be given the wall design by incorporating a mixture of materials such as a wrought iron section. 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: - 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. ADMINISTATIVE REVIEW NO. 81-73 Applicant: Bill Elgersma/Alpha Beta To permit "Grand Opening" Special Events - November 28 through December 28, 1981 at 19640 Beach Boulevard. This request is a categorical exemption, Class. 1, California Environmental Quality Act, 1970. The applicant was not present. The public hearing was opened. There being no one present to speak for or against this application, the public hearing was closed. Board discussion followed. It was agreed the plan submitted meets all code requirements for a special event. ON MOTION BY PALIN AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 81-73 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: r 13 c -4- BZA 11/12/81 Li� F] Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Five 1. The plot plan received October 26, 1981, shall be the approved layout. 2. "Grand Opening" conditioned for a thirty (30) day period only. AYES: Palin, Smith, Tindall, Kelly, Spencer NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-78 (Continued from 11/4/81) Applicant: Acutecare Walk In Medical*Clinic To permit reduction of approximately 13 parking spaces for proposed medical use - amended on November 12 requesting reduction of three (3) parking spaces only. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Carl Mankin, Architect, and Dan Posilovich of Seaborg Construction were present to speak on application. The Chairman opened the public hearing. Secretary Palin reiterated this proposal stating that the revised plan received had reduced the parking deficit on original plan submitted from thirteen (13) spaces to three (3) spaces by using compact stalls. Conversation carried between the Board and the applicant. An agreement was made whereby the nine (9) compact stalls in front of Building 'A' would be relocated to the rear of Building 'B'. The entire first floor of Building 'A' is being leased by Acute - care Walk In Medical Clinic who will use approximately 3,500 square feet for professional medical suites with 850 square feet additional to be subleased for a pharmacy. The northeast corner of building will be used for their corporate offices. The public hearing was closed. 69 ON MOTION BY SPENCER AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 81-78 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS AND CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTES: REASONS: 1. Applicant has redesigned parking compound incorporating compact parking stalls thereby reducing deficiency to just three (3) stalls. -5- BZA 11/12/81 Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Six 0 2. The three (3) parking space deficiency is found to be minimal based on size of the development and mixture of uses proposed. 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 conceptual plot plan and elevations received November 9, 1981, shall be the approved layout, subject to the modification described herein: a. The nine (9) compact parking spaces located directly in front of Building 'A' shall be substituted for parking located at the rear of Building 'B'. 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: - Traffic circulation and drives; - Parking layout; - Lot area; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. -6- BZA 11/12/81 Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Seven B. GENERAL CONDITIONS: 1. A maximum of 3,500 square feet shall be designated for medical suites and those suites shall be located on the first floor of Building 'A' only. AYES: Palin, Smith, Tindall, Kelly, Spencer NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 81-583 Applicant: British Motor Car Dist., Ltd. To permit consolidation of two (2) parcels into one (1) parcel. Location on Buckingham Street - Lot No. 23 and 24, Tract #9879. This request is a categorical exemption, Class. 15, California Environmental Quality Act, 1970. Tentative Parcel Map No. 81-583 was introduced by Chairman Tindall. The Board found the application to be within Ordinance Code is conformance. Findings and Conditions of Approval were discussed. Upon approval of Tentative Parcel Map, British Motor Car Distributors, Ltd. plan to construct a headquarters facility for two of their subsidiaries - Maserati Import Company and Interconnection Technology, Inc. ON MOTION BY KELLY AND SECOND BY PALIN, TENTATIVE PARCEL MAP NO. 81-583 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL APPLICABLE,BY THE FOLLOWING VOTES: FINDINGS: 1. The proposed consolidation of two (2) lots into one (1) parcel for purposes of Industrial development 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 General Industrial allowing the construction of 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 specifi- -7- BZA 11/12/81 Minutes: H.B. Board of Zoning Adjustments November 12, 1981 Page Eight cations 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 PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on November 3, 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. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Palin, Smith, Tindall, Kelly, Spencer NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. hies W. Paliri, Secretary and of Zoning Adjustments F-� i c -8- BZA 11/12/81