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HomeMy WebLinkAbout1982-02-17MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 17, 1982 - 1:15 P.M. BOARD MEMBERS: Webb, Vogelsang, Crosby, -Smith, Kelly STAFF PRESENT: Cooper MINUTES: - ON MOTION BY SMITH AND SECOND BY WEBB, THE MINUTES OF.THE REGULAR MEETING OF FEBRUARY-3, 1982 WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Webb, Vogelsang, Crosby, Smith, Kelly NOES: None _ ABSTAIN:' None .ABSENT: None Procedure of the Board of Zoning Adjustments was outlined to the applicants by Chairman Kelly. REGULAR AGENDA ITEMS: USE PERMIT NO. 81-40 (Continued from 2/3/82) Applicant: M.E.- Biddle To permit storage and wholesale sales of organic materials to landscapers, contractors, etc. located at 6842 Ellis Avenue, zoned RA-0-CD. Chairman Kelly informed the Board that this request is a - Categorical Exemption, Class: 1, California Environmental Quality Act, 1970. Acting Secretary Webb outlined request and summarized proposal stating that a revised plan was submitted on February 16," 1982, reflecting a circulation plan which was previously requested by the Fire Department and also indicates an area for parking showing the number of parking spaces provided as per staffs request. Chairman Kelly opened the public hearing with Mr. Ronald Mont- gomery,,A.I.A., present representing Mr. Biddle's interest in Use Permit No. 81-40. PA Minutes: H.B. Board of Zoning Adjustments February 17,-1982 Page Two Mr. Montgomery submitted to the Board a letter of authorization from Mr. Biddle to represent him and stated as the revised plan was submitted, he has no further comment. 1 - There being no one else present to speak -for or against this proposal, the public hearing was closed. Board discussion ensued. It was stated by the Board that Mr. Biddle has located and occupies a mobile trailer for use as an office for which he has no permit. The code does allow a trailer to be used for a six (6) month period at a construction site provided that a permit has been issued. He also.has illegal off -site signs for which no permits have been issued. It was further stated by the Board that staffs interpretation of the code is that Mr. Biddle's use is not an allowable use in a RA zone and that the code specifically calls out his use in a.M2 zone as long as the use is not less than 2,000 feet from the nearest "RA" district subject to a conditional use permit. ON MOTION BY WEBB AND SECOND BY SMITH, USE PERMIT NO. 81-40 WAS DENIED FOR THE FOLLOWING REASONS, BY VOTES AS FOLLOWS: REASONS FOR DENIAL: �. Use Permit No. 81-40 was denied by the Board of-Zoning.Adjustments based upon the following reasons: 1. Not an allowable use in a RA zone. Use is appropriate in.a M2 zone subject to granting of -a conditional use permit. 2. The granting of a use permit would adversely affect the General Plan of the City of Huntington Beach by permitting the manufacturing of fertilizer in an area of the City designated as estate residential in the General Plan. 3. -_The proposal is not consistent with the City's General Plan of Land Use which designates the land use as estate residential. AYES: Webb, Vogelsang, Smith, Crosby NOES: Kelly ABSTAIN:- None The applicant was advised of his rights to appeal the Board's decision within ten days in writing to the Secretary of the Planning Commission. -2- BZA 2/17/82 Minutes: H.B. Board of Zoning Adjustments February 17, 1982 Page Three CONDITIONAL EXCEPTION NO. 82-6 Applicant: D'Ambra, Inc./Perry R. Griffith To permit a reduction in open space dimension from the required 20' minimum to 141, and a reduction in open -space area from 900 sq.-ft..to 840 sq. ft., located at 9172 Sherry Circle, zoned Rl - Single Family Residence -District. - Chairman Kelly informed the Board that this request is a Categorical Exemption, Class. 5,_California Environmental Quality Act, 1970 Acting Secretary Webb outlined proposal with Dr. and Mrs. Perry Griffith, property owners, and Dennis D'Ambra, President of D'Ambra, Inc. -and Authorized Agent, present to speak in favor of Conditional Exception No. 82-6. - Chairman Kelly opened the public hearing. Mr. D'Ambra introduced himself to the Board'. He stated that the reason for this request for reduction in open -space and open space dimensions is due to the odd shaped lot. He mentioned that when this particular tract -was developed, all the available open space was utilized by the developer as their legal open space on this particular street only,leaving no -allowance of open space for property owner to add an addition. He.further-stated that a front addition -would not.be feasible and, with further discussion, the Board agreed. The Board discussed the proposed reduction in rear yard `setback and concluded that a hardship did indeed exist upon the property due to the configuration of the home on the property. With no correspondence having been received or telephone calls and with no other -parties present to speak for or against - Conditional Exception No.--82-6, the public hearing was closed. - Findings and Conditions of Approval were discussed. ON MOTION BY VOGELSANG AND SECOND BY CROSBY, CONDITIONAL EXCEPTION - NO. 82-6 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTES AS FOLLOWS: FINDINGS: 1. The granting -of the Conditional-Exception-wil-l--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, topography, location, or -3-- BZA 2/17/82 Minutes: H.B. Board of Zoning Adjustments February 17, 1982 Page Four 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 classifications. 5._ The granting -of the conditional exception will not adversely affect -the General Plan of the City -of Huntington Beach. CONDITIONS OF APPROVAL: - The conceptual plot plan and elevations received January 28, 1982, shall be the approved layout, subject to'the following modifications: 1. A fence or wall greater than 42 inches in height shall be constructed behind the 15 foot front yard setback prior to the finalizing of building permits. 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: Kelly, Vogelsang, Crosby NOES: Webb, Smith ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-4 Applicant: Patrick L. Forrest To permit a patio cover support posts to encroach a maximum of 1'1" into the required 4'7" sideyard setback and the eave projection encroaching to within 12" instead of -the required 30" of the side lot line, located at 18081 Upper Lake Circle, zoned R1 - Single Family Residence District. -4- BZA 2/17/82 Minutes: H.B. Board of Zoning Adjustments February 17, 1982 Page Five Chairman Kelly informed the Board that this request is -a Categorical Exemption, Class. 5, California Environmental Quality :Act, 1970. Acting Secretary -Webb introduced the application with Patrick Forrest present to speak in favor of his request. Chairman Kelly -opened the public hearing. Mr. Forrest addressed -the Board stating that he lives in the Huntington Lake area and that many variances were granted to Mr. William Lyon, builder, in the original approval of this -tract by the -City. Some of these exceptions -were irregular shaped lots, short driveways, higher -density than'other.tracts in -the area, and sub -standard size lots (many less than 50 feet). Mr. Forrest said that in addition to his lot being irregular in shape, the builder situated his house -in such a way that his --. front yard gets narrower as it approaches the street. This was done to give uniformity to the houses that face the lake. - Mr. Forrest -stated he had been issued --a building permit for his. patio but, thereafter, realized that in -order to have a patio cover whose basic lines run parallel to his house he would h__ave to build it at an angle which caused the eave=projection to encroach to within 12" instead of the required 36" of the side lot line and support posts to encroach a -maximum of 111" into the required 417" sideyard setback. A structural.inspection revealed support -posts and overhang in voilation of zoning _— regulations. Mr. Forrest was informed to correct or file a conditional exception. The public hearing was closed. Board discussion carried..Conditions- of Approval were discussed with the applicant. -It was the consensus of the Board that a hardship does exist on Mr.-Forrest's property due to the configuration of hi"s - lot. ON MOTION BY SMITH AND SECOND BY-VOGELSANG, CONDITIONAL EXCEPTION NO." 82-4 WAS UNANIMOUSLY APPROVED WITH FINDINGS, REASONS, -AND CONDITIONS OF APPROVAL FOLLOWING, -BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. Applicant's lot is shaped different than other lots in his area. 2. Encroachment of 111" into the side-yard'setback allowed for patio cover support posts due to irregular shape of lot- -5- BZA 2/17/82 t z Minutes: H.B. Board of Zoning Adjustments February 17, 1982 Page Six allowing structure to run parallel with applicant.'s-home: 3. 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. 4. Because of special circumstances applicable to the subject property, including size, shape, location, and 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. 5. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 6. The'granting of a conditional exception will not be materially detrimental to the public welfare, or injurious_ to property in the same zone classifications. 7. The granting of the conditional exception will not adversely .affect the General Plan of the City -of Huntington Beach-. . CONDITIONS OF APPROVAL: The conceptual plot -plan received January 29, 1982, shall be the approved layout, -subject to the modifications described herein: a. Overhanging rafters to be cut back to -allow a continuous 36" distance from property line. b. End of eaves to meet Building Code requirements. A plan delineating said -modifications shall be -'submitted to the Development Services Department for review and approval. 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: Kelly, Webb, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -6- BZA 2/17/82 I t Minutes: H.B. Board of Zoning Adjustments February'17, 1982 Page Seven MISCELLANEOUS ITEM:- TENTATIVE'PARCEL MAP NO. 81=584 Applicant: -Pace Engineering, Inc. Request approved - permitting conversion of an existing medical complex into condominium units. Date of Approval - February 3, 1982 -Acting Secretary Webb stated she was in receipt of a letter from Mr. Charles Novac, of Pace Engineering, requesting re- consideration of the Board's action taken on February 3, 1982 to amend Condition No. 5 and delete Condition No. 8. -CONDITION OF.APPROVAL - NO. 5 AS ORIGINALLY IMPOSED: The CC&R's.to be recorded prior to the recordation of the final parcel map. CONDITION OF APPROVAL - NO. 5 AS AMENDED: Copy of the recorded CC&R's and recorded parcel map to be submitted concurrently to Development Services Department. CONDITION OF APPROVAL - NO. 8 AS ORIGINALLY'IMPOSED: The number of suites shall be no more intense than was originally approved for existing medical complex. CONDITION OF APPROVAL - NO 8 - UPHELD - NOT AMENDED. ON MOTION BY SMITH AND SECOND BY WEBB, TENTATIVE PARCEL MAP NO.'.81-584 - CONDITION OF APPROVAL NO. 5 ONLY WAS AMENDED, AS SHOWN ABOVE, WITH -CONDITION OF APPROVAL NO. 8,NOT MIENDED BY THE FOLLOWING VOTE: AYES: Kelly, Webb, Vogelsang, Smith', Crosby NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4 odk 0 lorence Webb, Acting Secretary Board of Zoning Adjustments -7- BZA 2/17/82