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HomeMy WebLinkAbout1982-04-07MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, APRIL 7, 1982 - 1:15 P.M. BOARD MEMBERS: Webb, Kelly, Smith, Vogelsang, Crosby STAFF PRESENT: Folger, Zelefsky, Cooper AGENDA ITEMS TO BE CONTINUED: USE PERMIT NO.' 82-7 Applicant: Mr. George C. Mc Cracken To permit 12,500 square feet of mini -storage (two (2) buildings) within the existing Warner West Shopping.Center, located on Warner Avenue approximately 600 feet west of Goldenwest - north side of street, in a C-2 zoning district. Acting Secretary Webb stated that a letter was received from the applicant, -Mr. Mc Cracken, requesting continuance for one (1) week as he is unable to attend today's hearing due to an illness. ON MOTION BY SMITH AND SECOND BY WEBB, USE PERMIT NO. 82-7 WAS CONTINUED'FOR ONE (1) WEEK, TO THE MEETING OF APRIL 14, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Kelly,:; Vogelsang, Crosby, Smith NOES: None ABSTAIN: None' ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION-NO.;-82-9 (Continued from 3/24/82) Applicant: Mr. James;;E. Neal To permit a 3'8" encroachment into the -front. -:yard setback.of side entry garage located.n south side of Hideout Circle (Tentative name of street) - approximately 175 ft. west of Green Street, zoned R-2. This request is a categorical exemption•, mental Quality Act,-1970. Class. 5, California Environ- Minutes: H.B. Board of Zoning Adjustments April 7, 1982 Page Two Mr. James E. Neal was present to represent.the application. Staff outlined proposal. The public hearing was opened by Chairman Kelly. James Neal introduced himself to the Board.' He stated he is one of the General Partners and that the subject property is owned by a Limited Partnership. When they purchased the property a few years ago, they originally contemplated building a triplex but had difficulties in meeting the access requirements of the Fire Department along the private alley. Recently the Precise Plan of Street Alignment was approved allowing for three (3) new streets in this.particular area which created subject lot to become substandard in size. Mr. Neal stated that the plot plan submitted is known as a progressive type of living - separate expensive units with spacious living quarters on one (1) piece of property. Ellen Lowe Mc Mahan, owner of the property directly southeast and her mother, Darlene Mc Mahan, also a property owner in the immediate vicinity,. were present. Ellen Mc Mahan stated they were upset with the Precise Plan of Street Alignment'as previously they were informed by the Planning Department that the Precise Plan was a stop -gap measure to encourage lot consolidation and that a meeting would be called between the developers, property owners, and the City to negotiate an arrangement for a consolidated development which never occurred. It was felt by the Mc Mahan's that the Precise Plan of Street Alignment was poorly planned and was not in their best interest. Ms. Mc Mahan, and her Mother, were asked by the Board if they had any objections to Mr. Neal's request, which was the issue before the Board,*permitting a 3'8" encroachment into the front yard setback of the side entry garage. They both responded "no", they had no objections. The public hearing was closed by Chairman Kelly. Board discussion carried with alternatives suggested.to the :applicant including the use of subterranean parking which would alleviate the necessitv of`a conditional exception. The applicant felt his architect had worked up an excellent plan which he wished to pursue. The majority of the Board Members felt that as the Precise Plan of Street Alignment has created his hardship, the requested encroachment should be granted. ON MOTION BY SMITH AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 82-9 WAS APPROVED WITH FINDINGS AND REASONS,PLUS CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: -2- BZA 4/7/82 Minutes; H.B. Board of Zoning Adjustments April 7, 1982 Page Three FINDINGS AND REASONS: 1. The subject lot is 125 ft. in length) Alignment, with an the property. now substandard in size (38 ft.- wide by created by the Precise Plan of Street alley as the only means of access onto 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. A revised site plan and elevations shall be submitted to the Secretary of the Board for review and approval showing the landscaping within the property lines and only the relevant dimensions relating to the project prior to issuance of building permits. 2. A parcel map shall be filed prior to issuance of building permits and recorded prior to issuance of a Certificate of Occupancy in order to consolidate the lots. 3.,' A grading plan shall be submitted to the Secretary of the Board prior to issuance of building permits. 4. Structures on the -subject property shall be constructed in compliance with'the-State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. - The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report; prepared under the supervision of a person experienced in the field of acoustical engineering, with the application -for building permits. All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. 5. Hideout Circle shall be constructed per adopted Precise Plan of Street Alignment and to Public Works standards and also shall meet the Fire Department's requirements prior to occupancy. 6. Prior to issuance of Building Permits, improvements shall include -3- BZA 4/7/82 Minutes: H.B. Board of Zoning Adjustments April 7, 1982 Page Four sewer and water main extensions in -full compliance with the City of Huntington Beach street standards and requirements. 7. Special attention shall be given to the single family dwellings immediately to the southwest. AYES: Smith, Kelly, Crosby, Vogelsang NOES: Webb ABSTAIN: None HOME OCCUPATION PERMIT NO. 82-2 (Possible revocation - continued from meeting of 2/3/82) Applicant: J.W. Hunter dba Hunter Landscape - Possible revocation of Home Occupation Permit No. 82-2 - violation of Section 9730.21 (i) of the Huntington Beach Ordinance Code, located at 8542 Acapulco Circle, zoned R1 - Single"Family Residence District. Staff reiterated reason for possible revocation of Mr. Hunter's Home Occupation Permit mentioning the violation of Mr. Hunter's trucks being parked in his driveway.. The public hearing was opened by Chairman -Kelly.-' J" Mr. Hunter addressed the Board and stated that with regard to the violation of his trucks, he was _told that as.one truck is unlicensed he could not park it in the street.' He said that since'he,had'appeared before the Board of "Zoning Adjustments he has _tried' to 'comply'"with all the conditions as set forth. He.said he removed''the'sigris'from his trucks, found"a meeting place.,to assign work.to,his employees along with parking"made available for his,employees_carsetc."Mr`Hunter stated he thought he could park"his trucks in'`his-dxiveway'but not in the street.. He said he leaves his flat-bed truck twenty days out of thirty at,the job site but that recently business has been slow. Mr. Hunter was asked by the Board if it would be possible for him to rent a mini -warehouse or R.V. storage yard where he could keep his flat-bed truck,which supports a tractor, after working hours or when not in use. Mr. Hunter stated that in an effort to keep his Home Occupation Permit he would make arrangements for storage of his flat-bed truck and tractor — The public hearing was closed by Chairman Kelly. ON MOTION BY WEBB AND SECOND BY SMITH, AS.THE-BOARD HAD NOT RECEIVED .ANY COMPLAINTS'FROM NEIGHBORING RESIDENTS SINCE FEBRUARY, 1982, IT WAS FELT BY THE BOARD THAT THE APPLICANT.SHOULD BE GRANTED THIRTY (30) DAYS TO CORRECT TRUCK AND TRACTOR VIOLATION WHICH WOULD BRING HIS HOME OCCUPATION PERMIT WITHIN ORDINANCE CONFORMANCE IF THE FOLLOWING CONDITI OF APPROVAL ARE MET: -4- BZA 4/7/82 Minutes: H.B. Board of Zoning Adjustments April 7, 1982 Page Five CONDITIONS OF APPROVAL: 1. The flat-bed truck, which supports a tractor, shall not be parked overnight.on the street or within the front yard setback of the premises. 2. One -ton pickup truck shall not be stored overnight on the street or within the front yard setback of the premises when containing excessive amount of material. 3. A one (1) month review shall be conducted to verify compliance with these conditions. AYES: Webb, Smith, Vogelsang, Kelly, Crosby NOES: None ABSTAIN: None HOME OCCUPATION PERMIT NO. 82-1 (Possible revocation - continued from 2/3/82) Applicant: Daniel Pelletier/Beaver Tree Service Possible revocation of Home Occupation Permit #82-1 - violation of Section 9730.21 (a), (b), (C), (f), (g), and (i) of the Huntington Beach Ordinance Code, located at 15031 Sevilla Lane, zoned R1 - Single Family Residence District. Staff reiterated reasons for possible revocation of Mr. Pelletier's Home Occupation Permit and read a letter received from the Land Use Section of Development Services dated April 5, 1982 as follows: On April 5, 1982, a call was received from a neighbor of the subject property who informed Land Use that the activity at the subject location has improved 1000, but that there are still violations of the home occupation permit. The violations include welding and other repair work on trucks, employees reporting to the site and use of the garage in connection with the occupation other than for storage of a vehicle. Our inspector has not observed this activity, however, the complainant says that these violations are occurring and that a letter will be submitted to the Board, with signatures of some of the neighbors who are witnessing the activity. The public hearing was opened by Chairman Kelly. As there was no one present to speak for -,or against this Home Occupation Permit, the public hearing was closed. Acting Secretary Webb -said she was in receipt of an anonymous letter and has received several telephone calls telling of past violations:which have occurred. They were asked to keep a record of violations including dates of same, and forward to the Board for action. -5- BZA 4/7/82 Minutes: H.B. Board of Zoning Adjustments April 7, 1982 Page Six Acting Secretary Webb further stated that on April 6,, 1982, another letter was received from Land Use stating that an inspection by our field investigatbrr,as of this date,revealed several chain saws -lying on the driveway. It was the suggestion ,of the Board that when the Land Use investigating officer visits the site that polaroid pictures be taken, and -dated, whether or not there is a violation. Pictures would substantiate the comnlai.nts received. ON MOTION BY SMITH AND SECOND BY WEBB, PRIOR TO TAKING AWAY--MR.-_PELLETIER'S ENTITLEMENT, MORE SPECIFIC INFORMATION IS REQUIRED BY THE -BOARD. MR. PELLETIER IS TO -BE NOTIFIED OF THE NEW HEARING DATE SET FOR MAY 12, 1982. VOTE AS FOLLOWS: AYES: Smith, Webb, Kelly, Vogelsang, Crosby - NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-12 Applicant: James & Catherine Morley To permit continued existence of enclosed tool shed - Two (2) foot encroachment into the front yard setback (waterfront lot). Property located at 16566 Ensign Circle, zoned Rl - Single Family Residence District. Staff introduced the proposal and stated that a subsequent field inspection revealed the shed was also located at zero sideyard setback. Chairman Kelly opened the public hearing with Mr. and Mrs. James Morley present to speak in favor of their request. Mr. Morley stated that this structure existed long before they purchased their home. He mentioned that -they have been upgrading their -home and on numerous occassions inspectors have been to their home to -inspect other improvements and have never mentioned the tool shed. -_He informed the Board that this shed is used for storage of garden tools and that the roof, during the rainy season, leaks which is causing his -tools to rust. They decided to redo the roof of the shed,- increasing the height of the shed six-(6) inches,making it more convenient-to_,enter. They decided on a slight pitched shingled roof,which would also add another two (2) feet to the shed which would blend in with the roof line of their home. On March 8, 1982, they received a "stop work" notice stating that a building permit was not obtained for the construction of -this room addition. Mr. Morley said the shed is in tact the way it was when they purchased the house with the exception of the construction in process for the new roof. He said they were not aware that a building permit was required. -6- BZA 4/7/82- Minutes: H.B. Board of Zoning Adjustments April 7, 1982* Page Seven The public hearing was closed by Chairman Kelly with no one else present to speak for or against this proposal. It was -felt upon review of the pictures taken of the shed that the reason the shed had not been noticed previously was because the original roof was flat and concealed by landscaping and that with the new pitched roof, plus the added height to the shed, it was now visible from the street. The Board felt it was necessary to re -advertise the hearing because it was determined by staff during an on -site inspection that the shed was at a zero sideyard setback and, thus, was not on the application or the public notices. Mr. & Mrs. Morley agreed with this continuance. Two of the Board members also had not inspected the site and wanted the opportunity to do so.- ON MOTION BY SMITH AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 82-12 WAS CONTINUED FOR TWO (2) WEEKS, TO THE MEETING OF APRIL 21, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Crosby, Kelly, Vogelsang, Smith NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 82-555 Applicant: Mr. Norman Milkes To create two (2) legal parcels located on the northeast corner of Lynn and Los Patos Avenue, zoned R1 - Single Family Residential District. Staff introduced the application and informed the Board that this request is Categorically Exempt, Class. 5, California Environmental Qualitv Act, 1970. Mr. Norman Milkes, Agent for the property owners, was present and acknowledged receipt and concurrence with the Conditions of Approval. The applicant was advised that dedication is required by the City prior to issuance of building permits. Mr. Milkes stated that at the present time the owners only wish to split the lots (79 feet wide by 98 feet deep) allowing for two conforming buildable parcels. Conditions of Approval were discussed with the applicant. ON MOTION BY CROSBY AND SECOND BY VOGELSANG, TENTATIVE PARCEL MAP NO. 82-555 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of one (1) parcel into two (2) parcels for the purpose of Residential use is in compliance with the size and shape of property necessary for that type of development. -7- BZA 4/7/82 Minutes: H.B. Board of Zoning Adjustments April 7, 1982 Page Eight 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 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 ISSUANCE OF BUILDING PERMITS: 1. The tentative parcel map received by the Department of Development Services on March 23, 1982, 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. Prior to issuance of building permits on either parcel, street dedication will be required meeting -City standards. 4. Compliance with all applicable City Ordinances . - 5. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-8 Applicant: Mr. Jack Gerson To permit a church sponsored carnival as follows: 4:00 p.m..--10:00 p.m. on June 11, 1982, 10:00 a.m. - 10:00 p.m. on June 12, 1982, and 12:00 p.m. 8:00 p.m. on June 13, 1982. Carnival to be held at 18631 Chapel Lane. Mr. James Hendricks was present in •lieu of Mr. Gerson who was unable to attend. The Board reviewed the proposal and advised Mr. Hendricks of all necessary permits, insurance, etc. as outlined in the Conditions -8- BZA 4/ 7/82 Minutes: H.B. April 7, 1982 Page Nine of Approval. Board of Zoning Adjustments ON MOTION BY VOGELSANG AND SECOND BY WEBB, ADMINISTRATIVE REVIEW NO. 82-8 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THEFOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted to Mr. Larry Marshburn, of the Fire Department indicating exact location of rides and booths and dimensions to scale showing circulation for emergency vehicles. 2. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. 3. State certification for safety of the rides shall be maintained during the event on site. 4. All requirements of the Ordinance Code shall be met. AYES: Webb, Kelly, Crosby, Vogelsang, Smith NOES: None ABSTAIN: None MISCELLANEOUS ITEM: TENTATIVE PARCEL MAP NO. 82-556 AND USE PERMIT NO. 82-13 Applicant: Mr. Phil Zisakis Tentative Parcel Map - To legally divide one (1) parcel into four (4) parcels as shown on latest assessors map. Use Permit No. 82-13 - To permit construction of a commerical building. Property located at 17204 Beach Boulevard. At the Board of Zoning Adjustments Meeting of March 31, 1982, subject applications were referred to the Planning Commission Meeting of April 20, 1982, to be heard in conjunction with C.E. No. 82-02. Acting Secretary Webb stated that this decision must be overruled as the applicant must submit further information before the applications can be sent to the Planning Commission for hearing. A MOTION WAS MADE BY WEBB AND SECOND BY KELLY, TO RESCIND ACTION OF MARCH 31, 1982, REFERRING T.P.M. NO. 82-556 AND USE PERMIT NO. 82-13 FOR HEARING ON APRIL 20, 1982 BY THE PLANNING COMMISSION TO A LATER DATE PENDING RECEIPT OF APPROPRIATE REVISIONS FROM THE APPLICANT. -9- BZA 4/7/82 Minutes: H.B, Board of Zoning Adjustments April 7, 1982 Page Ten AYES:' Webb, Kelly, Vogelsang, Smith, Crosby NOES; None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED - Florence Webb, Acting Secretary Board of Zoning Adjustments 1 -10- BZA 4/7/82