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HomeMy WebLinkAbout1981-11-25n MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 25, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Palin, Tindall, Vogelsang, Smith, Truppelli MINUTES: ON MOTION BY PALIN AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 12, 1981 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Palin, Tindall, Smith NOES: None ABSENT: None ABSTAIN: Vogelsang, Truppelli REGULAR AGENDA ITEMS: USE PERMIT NO. 81-41 Applicant: Harry Prongue (Mc Donald's) To permit playground at existing restaurant located at 6561 Edinger - north side of street. This request is a categorical exemption, Class. 3, California Environmental Quality Act, 1970. Chairman Tindall introduced the application to the Board. Secretary Palin outlined the proposal. The public hearing was opened. Bud Walker - Operations Manager, Harry Prongue - Area Supervisor and Lorenzo Reyes, all employed by Mc Donald's, were present to speak on application. It was established that a deletion of thirty (30) seats would ' be created by redesign of building, adding fourteen (14) seats in new area for dining, would cause an overall reduction of sixteen (16) seats otherwise provided. New design will also . allow reduction of three (3) parking spaces instead of one (1) space as shown on plan. Discussion carried between the applicant and Board on relocation of playground equipment, utilizing two (2) parking -spaces allowing for sight -angle parking, permitting better Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Two visibility when egressing from property. It was suggested to applicant that relocation of landscaping pocket on westerly side would facilitate additional parking. Code requirement covering fence height was relayed. There being no other persons present to speak on the application, the public hearing was closed. ON MOTION BY PALIN AND SECOND BY SMITH USE PERMIT NO. 81-41 WAS APPROVED SUBJECT TO 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: 1. The conceptual plot plan and elevations received November 6, 1981, shall be the approved layout, subject to the modifications described herein: 1. Redesign and layout of open play area to utilize at least two (2) of the parking spaces through reorientation of playground equipment to facilitate a continuance of the walkway along the westerly side of building and to provide for a sight -angle when backing out of adjacent parking space. 2. Consideration to be given for relocation of landscaping from the westerly property line to another location to facilitate additional parking. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies -2- BZA 11/25/81 1 I� Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Three with the modifications 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; - 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: Palin, Tindall, Vogelsang, Smith, Truppelli NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 81-586 Applicant: City of Huntington Beach To permit subdivision of one (1) parcel into two (2) standard single-family residential lots to be sold as surplus property as declared by City Council at the December 8, 1980, meeting. Property located at 7152 and 7162 (probable) Ford Drive. This request is a categorical exemption, Class. 12, California Environmental Quality Act, 1970. The Board reviewed the Tentative Parcel Map and discussed all findings and conditions of approval as outlined below. Subject parcel is presently designated CF-R, but shall be rezoned R1. At the time residential lots are developed, the six (6) foot masonry wall to be constructed on complete westerly side of City Yard affording separation between General Planned Residential and General Planned Industrial property shall be the full financial responsibility of the developer (City of Huntington Beach). ON MOTION BY PALIN AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-586 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTES: FINDINGS: 1. The proposed consolidation of numerous small parcels into three (3) parcels for purposes of Residential/Industrial is in compliance with the size and shape of property necessary for that type of development. -3- BZA 11/25/81 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Four 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 Planned Residential and General Planned Industrial 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 specifications 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 25, 1981, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Development Services and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed (if such systems exist within 200 feet of said parcels). 4. A modified cul-de-sac shall be provided at the easterly terminus of Ford Drive. Said cul-de-sac shall be designed and constructed to the Department of Public Works requirements with special emphasis being placed on ease of maintenance (sweeping, etc.) and a esthetical pleasing landscaped buffer area. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed (if such systems exist within 200 feet of said parcels). 6. All utilities shall be installed underground at the time said parcels are developed. 7. Compliance with all applicable City Ordinances. 8. The property shall participate in the local drainage assessment district at the time said parcels are developed. 9. A copy of the recorded parcel map shall be filed with -4- BZA 11/25/81 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Five the Department of Development Services. 10. Depending on emergency requirements for City Yard: a. A gate shall be installed with an six (6) foot high wall allowing for emergency access, or b. If emergency access not necessary, that an six (6) foot high masonry wall shall be constructed by the developer (City of Huntington Beach) on complete westerly side of City Yard at time residential lots are developed. AYES: Palin, Tindall, Vogelsang, Smith, Truppelli NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 81-80 (EXPANDED) Applicant: James Duane Walden/Connie L. Hilberg Walden To permit 1) To allow carport in lieu of a garage; 2) To allow construction of carport at 11 feet from front property line in lieu of 22 feet required; 3) Allow interior side yard setback of five (5) feet in lieu of nine (9) feet required by Code; and 4) Allow four (4) foot rear in lieu of ten (10) foot required by Code. Location of property at 1410 Orange Street. Chairman Tindall introduced application. The public hearing was opened. - Secretary Palin reiterated proposal and stated reason for necessity to readvertise public hearing covering this expanded proposal. He mentioned that in a prior meeting with the applicant some minor changes covering the location of the two (2) room additions in conjunction with on -site parking by use of a carport had been incorporated into revised plan. Mrs. Walden addressed the Board saying she concurred with modified plan. The public hearing was closed. Secretary Palin recommended approval as submitted as this is such a unique piece of property (roughly 50 ft. by 58 ft.) of a square configuration, that the Townlot's Specific Plan did not take into consideration property of this size when provisions were contrived. It was the consensus of the Board that the revised plan, with conditions as imposed, should be approved. I -5- BZA 11/25/81 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Six ON MOTION BY PALIN AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 81-80 (EXPANDED) WAS APPROVED SUBJECT TO THE,FOLLOWING FINDINGS, REASONS, AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: FINDINGS AND REASONS: 1. The granting of this Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity as the lot in question is unique in shape and not taken into consideration at the time the Townlot Specific Plan was being enacted. 2. Because of special circumstances applicable to the subject property including size, shape and location, in that the lot is not a standard 25 foot by 115 foot but is more of a square Configuration (roughly 50 foot by 58 foot) adjacent to an alley, the strict application of the Townlot Specific Plan would deprive the subject property of privileges enjoyed by other properties in the vicinity. 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 stLme zone classifications. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 6. The carport allowed in lieu of the required fully enclosed parking would create a hazardous situation for both vehicular parking and pedestrian flow on the adjacent sidewalk if fully enclosed garage were constructed on subject property. CONDITIONS OF APPROVAL: i A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised plot plan received November 12, 1981, shall be the approved layout, subject to the modifications described herein: a. The existing storage structure located at rear property line, which is being modified in order to accommodate proposed addition, shall not be utilized for any other purpose. b. Prior to a final inspection, the carport shall be constructed with a non -enclosed front as depicted -6- BZA 11/25/81 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Seven upon the site plan received and approved for this proposed addition. A plan delineating said modifications 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 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; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinity. AYES: Palin, Tindall, Vogelsang, Smith, Truppelli NOES: None ABSTAIN: None USE PERMIT NO. 81-36 (Continued from November 12, 1981) Applicant: James Duane Walden/Connie L. Hilberg Walden To permit addition to a structure with non -conforming yards. The Chairman informed the Board that this request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Property located at 1410 Orange Street zoned as Townlot Specific Plan. The public hearing was opened. Secretary Palin stated that reason for continuance of this application from October 28, 1981, was to enable applicant a reasonable length of time to revise plan covering Conditional Exception No. 81-80, which now has been approved in conjunction with subject Use Permit No. 81-36. With the exception of Mrs. Walden, there being no one present to speak for or against the proposed project, the public hearing was closed. ON MOTION BY TINDALL AND SECOND BY VOGELSANG, CONDITIONS OF APPROVAL IMPOSED ON CONDITIONAL EXCEPTION NO. 81-80 SHALL APPLY TO USE PERMIT NO. 81-36; IN ABSENCE OF SUCH COMPLIANCE, USE PERMIT NO. 81-36 SHALL BECOME NULL AND VOID. THE REVISED PLOT PLAN RECEIVED NOVEMBER 12, 1981, FOR USE PERMIT NO. 81-36 SHALL BE THE APPROVED LAYOUT, WITH FINDINGS AND VOTES AS FOLLOWS: -7- BZA 11/25/81 Minutes: H.B, Board of Zoning Adjustments November 25, 1981 Page Eight 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. AYES: Palin, Tindall, Vogelsang, Smith, Truppelli NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 81-84 Applicant: Larry R. Smith To permit a six (6) foot high wall at five (5) foot front -yard setback and a cantilever deck within one (1) foot of westerly side property line and within three (3) feet of easterly side property line, located at 17046 Marina Bay Drive in an Rl, Low Density Residential District. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Larry Smith, applicant, was present along with his neighbor, Paul Thompson, who lives directly across the street from Mr. Smith. Chairman Tindall introduced application. The public hearing was opened. The Board advised Mr. Smith that Coral Cay is a planned development, zoned as Rl, with fence requirements allowed to 42 inches in height in front yard setback area. 1 Mr. Smith stated he had previously applied for a conditional exception for the fence (C.E. No. 78-40) which had expired. Mr. Smith justified his request by the depth of the rear yard of his property (pie shape), the utility easement between his front setback line and the sidewalk, and the fact that other homes in the surrounding area are sited at the same or lesser setback from the street than he is requesting. Mr, Smith submitted to the Board pictures showing variances of setbacks. The applicant was told this situation would be checked out by the Department of Development Services. The public hearing was closed. -8- BZA 11/25/81 1 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Nine As Mr. Smith's neighbors are enjoying fence variances, Mr. Smith was granted an exception to his front yard setback for fence but with the stipulation that, if appealed, Mr. Smith would have to accept full responsibility for the actions resulting from this appeal (Mr. Smith signed a note to this affect which will be maintained in his administrative file). With regard to the cantilever agreed that the requirements property was not a waterfront deck, after some discussion it was of Chapter 17 did not apply as this lot but upon a private marina area. ON MOTION BY SMITH AND SECOND BY PALIN, CONDITIONAL EXCEPTION NO. 81-84 WAS APPROVED WITH THE FOLLOWING FINDINGS, REASONS, AND CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTES: FINDINGS AND REASONS: 1. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity as the total project was initially approved as a planned development with authority for the Board to review the siting of the homes, garages, and fencing at the time of initial construction. 2. Because of special circumstances applicable to subject property, in that it's a pie shaped lot for an extremely narrow area upon a private marina area, the strict compliance with the zoning ordinance would deprive the subject property of privileges enjoyed by other property owners in this same project. 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. The lot in question is not defined as a waterfront lot for which the provisions were designed to allow decks to project over public waterway areas but instead is being proposed to project over a common area within the development which is a private marina area. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: -9- BZA 11/25/81 Minutes: H.B. Board of Zoning Adjustments November 25, 1981 Page Ten 1. The conceptual plot plan received November 10, 1981, shall be the approved layout, subject to the modification described herein: a. Wall and pilaster that will be constructed adjacent to driveway shall be approximately fourteen (14) feet from sidewalk. A plan delineating said modification shall be submitted to the Secretary of the Board. If such paln 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: - Parking layout; - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the Immediate vicinity. AYES: Palin, Tindall, Vogelsang, Smith, Truppelli NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. James W. Palift Secretary Board of Zoning Adjustments -10- BZA 11/25/81