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HomeMy WebLinkAbout1981-12-23• MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Caucus Room in Council Chamber 2000 Main Street - Civic Center Huntington Beach, California WEDNESDAY, DECEMBER 23, 1981 - 1:15 P.M. BOARD MEMBERS: Webb, Tindall, Smith, Vogelsang, Truppelli MINUTES: ON MOTION BY SMITH AND SECOND BY VOGELSANG, THE MINUTES OF THE REGULAR MEETING OF DECEMBER 16, 1982 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Webb, Tindall, Smith, Vogelsang, Truppelli NOES: None ABSTAIN: None ABSENT: None AGENDA ITEMS TO BE CONTINUED: ADMINISTRATIVE REVIEW NO. 81-81 Applicant: Charles H. Bollman/Beach Off -Road To permit expansion of existing auto repair facility by construction of a 5,000 square foot cement block building located at 7151 Garfield Avenue (north side of street), zoned M1-0 Light Industrial/ combined with oil district. Chairman Tindall informed the Board that this request is a categorical exemption, Class. 1E, California Environmental Quality Act, 1970. Acting Secretary Webb introduced proposal with the applicant, Mr. Charles H. Bollman, present to speak on his request. The original site plan submitted exhibited location of building fronting on Garfield Avenue with twenty (20) feet of dead space in rear of building with no access available should the services of the Fire Department be required. Further, the Board had concern over driveway with parking being too close to an arterial highway. The Board, with applicant, discussed possibility of revising site' plan turning the building to provide zero setback on north property • line, with rear of building on easterly property line, fronting west, allowing a larger building, full utilization, and better parking. Also, in this way, the applicant would not have to apply for a parcel map as required on original plan by maintaining two Minutes: H.B. Board of Zoning Adjustments • December 23, 1981 Page Two separate buildings avoiding future problems should the applicant wish to sell. The applicant concurred with the Board that this request should be continued to allow time to revise plan and explore other alternatives available. The services of our staff were offered to the applicant. ON MOTION BY TRUPPELLI AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 81-81 WAS CONTINUED TWO WEEKS, TO THE MEETING OF JANUARY 6, 1982, BY THE FOLLOWING VOTES: AYES: Webb, Tindall, Smith, Vogelsang, Truppelli NOES: None ABSTAIN: None USE PERMIT NO. 81-46 Applicant: Business Properties To permit construction of a Commercial Shopping Center on northeast, corner of the intersection of Warner Avenue and Golden West Street, zoned C2, Community Business District. The Chairman informed the Board that this request is covered by Negative Declaration No. 81-56. Acting Secretary Webb introduced application. The public hearing was opened. It was stated by Acting Secretary Webb that Use Permit No. 81-46 would not be acted upon at this Board of Zoning Adjustments meeting. She mentioned a meeting has been set up with the applicant on the morning of December 28 to discuss concerns of the Board. Present were Gordon Hatch, tenant of Alpha Beta Shopping Center, Mr. and Mrs. Elis Nourafchan, part owners of the Alpha Beta Shopping Center across the street and Mr. Michael Rapsuron. Mr. Nourafchan addressed the Board stating his concern was repetition, that to have three (3) major markets at one (1) intersection was not necessary. Mr. Nourafchan was informed that the Board of Zoning's primary function is to administer the provisions as set forth by the Code and that it does not have the vehicle to say what type of business can go into an area as long as the business is compatibly zoned. The public hearing was closed. 0. -2- BZA 12/23/81 • Minutes: H.B. Board of Zoning Adjustments December 23, 1981 Page Three ON MOTION BY TINDALL AND SECOND BY TRUPPELLI, USE PERMIT NO. 81-46 WAS CONTINUED UNTIL THE MEETING OF JANCUARY 6, 1982, BY THE FOLLOWING VOTES: AYES: Webb, Tindall, Smith, Vogelsang, Truppelli NOES: None ABSTAIN: None REGULAR AGEPIDA ITEMS: CONDITIONAL EXCEPTION NO. 81-87 (Continued from 12/16/81) Applicant: Orth Construction Company To permit reduction in required open space and to encroach one (1) foot three (3) inches into rear yard setback. Property located at 15971 Puritan Circle, zoned R1 - Single Family Residence. The Chairman informed the Board that this request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. ` Acting Secretary Webb reiterated proposal stating that on previous review by the Board precise property measurements were unknown. The public hearing was opened with Ed Nettleton, of Orth Construction Company and Ed Scott, property owner, present to speak on application. Upon review of the revised site plan, a lengthy discussion ensued between the Board and applicant in an effort to reduce magnitude of encroachment into the rear yard setback and reduction into required open space. The Board concurred that as the developer had made the original mistake of placing the home at an 18 foot 6 inch rear yard setback in lieu of 20 foot per Code that the applicant should be allowed to encroach one (1) foot four (4) inches into the rear yard setback while at the same time reducing his room addition from requested 12 feet to 10 feet. The applicant agreed with the Board's decision. The public hearing was closed. ON MOTION BY TINDALL AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 81-87 WAS APPROVED WITH FINDINGS, REASON, AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTES: FINDINGS AND REASON: • 1. This property has unique characteristics because of the configuration and its placement on cul-de-sac. 2. The house was not placed on the property with City's appropriate rear yard setback of twenty (20) feet and it is apparent that there was ample space to have done so. This -3- BZA 12/23/81 Minutes; H.B. Board of Zoning Adjustments December 23, 1981 Page Four appears to be the fault of the developer and the applicant has been lead to believe that his rear yard setback was twenty (20) feet and that there was sufficient room for a future addition that would meet Code. 3. The granting of the Conditional Exception, to allow a one (1) foot four (4) inch encroachment into rear yard setback and reduction in open space of 234 square feet, will not create a special privilege for this particular property. CONDITIONS OF APPROVAL; A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. Applicant to submit revised plot plan 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: - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinity. CONDITIONAL EXCEPTION NO. 81-88 Applicant: Kenneth E. Holmes To permit relocation of garage door at 15.6 ft. setback and twelve (12) foot high wall at 15.6 ft.'setback. Property located at 16871 Saybrook Lane, zoned R1 - Single Family Residence. Chairman Tindall stated this request is -a Categorical Exemption, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Webb introduced proposal stating that the Code requirement has changed for a garage front yard setback to twenty- two (22) feet in lieu of twenty (20) feet when subject home was built. Further it was stated that the Code allows for a fence in the front yard setback if it does not exceed 42 inches and allows for a six (6) foot fence in rear and side yard. • Chairman Tindall opened public hearing with Kenneth E. Holmes present to speak on his application. • Mr.'Holmes introduced himself to the Board and displayed a model to scale of his proposal. He felt his request for relocation of his garage door at 15 ft. 6 inch front yard setback in lieu of twenty (22) feet required by Code was justified as parking -4- BZA 12/23/81 r • Minutes: H.B. Board of Zoning Adjustments December 23, 1981 Page Five in his existing side entry garage of two small cars, in his two car garage, created a hardship caused by having such a tight turning radius. He felt the twelve (12) foot high wall at 15 ft. 6 in. setback would provide enclosed security area for his family and to his property and would coincide with architecture of his home. Mr. Holmes submitted to the Board a clipping taken from the Harbour Sun Newspaper, dated December 3, 1981, showing figures released from the Huntington Beach Police Department showing burglaries up in his area. It was mentioned to the applicant that, should this request be granted, it was felt it would change the configuration of his neighborhood and that variances from the Code must be justified. It was further stated that justification must be made to increase the height of a front yard wall at 15 ft. 6 in. setback from allowed 42 inches to twelve feet and to reduce required garage front yard setback from 22 feet to 15 ft. 6 inch setback. The Board felt this proposal would negatively impact surrounding properties, set a precedent, and was not keeping within the intent of the Ordinance Code. The services of our Planning Department • were offered to Mr. Holmes as many other alternatives are available. The public hearing was closed. ON MOTION BY TINDALL AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 81-88 WAS DENIED FOR THE FOLLOWING REASONS, BY VOTES AS FOLLOWS: REASONS FOR DENIAL: 1. There -was no hardship relating to the property. 2. It would create a special privilege. 3. The nature of the neighborhood as far as appearance would be changed. 4. There was no unique characteristic which applied to the property. AYES: Tindall, Webb, Smith, Vogelsang, Truppelli NOES: None ABSTAIN: None The applicant was advised of his rights to appeal the Board's decision within ten (10) days in writing to the Planning Commission. • ADMINISTRATIVE REVIEW NO. 81-80 Applicant: George C. Mc Cracken To permit a 75,935 sq. ft. three (3) story Mini Warehouse. -5- BZA 12/23/81 Minutes: H.B. Board of Zoning Adjustments • December 23, 1981 Page Six Property located on Speer Avenue - Northeast corner of Speer and Crabb Lane. Zoned M-1, Light Industrial District. Chairman Tindall stated that this application is covered by Negative Declaration No. 81-31. Acting Secretary Webb reported that the plans submitted are.in substantial compliance with code with the exception of landscaping being 370 square feet short. She further stated that allowance for a trash enclosure was not shown on plan. Mr. Mc Cracken, applicant and Jerry Lamb, property owner, were present to speak on application. Mr. Mc Cracken stated this was an oversite, stepped forward and showed Board on plot plan projected placement of same in the middle of interior parking which was agreeable with the Board members. The Board, with applicant, reviewed plans discussing Conditions of Approval at great length with emphasis being placed on emergency gate and access for Fire Department along with the necessity of parking regulations being strictly enforced. ON MOTION BY SMITH AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW NO. 81-80 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL 40 IMPOSED, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. That a revised site plan be submitted and approved by the Secretary of the Board showing required trash enclosure, landscaping, irrigation, fire hydrant and roof -top mechanical equipment screening. 2. Applicant to submit elevations that depict materials and roof line. 3. All Conditions imposed on Administrative Reivew No. 81-38 and Use Permit No. 79-32 shall be applicable to Administrative Review No. 81-80. 4. Prior to issuance of Certificate of Occupancy, the parcel map previously approved on T.P.M. No. 81-587 shall be recorded. 5. Driveway approach on Speer Avenue shall be a minimum of twenty-seven (27) feet per Standard Plan 212 (a) and (b). • AYES: Tindall, Webb, Smith, Vogelsang, Truppelli NOES: None ABSTAIN: None -6- BZA 12/23/81 0— Minutes: H.B. Board of Zoning Adjustments December 23, 1981 Page Seven THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. �� on=,, Florence Webb, Acting Secretary Board of Zoning Adjustments -7- BZA 12/23/81