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HomeMy WebLinkAbout1982-04-21MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, APRIL 21, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Vogelsang, Smith,'Crosby BOARD MEMBER ABSENT: Kelly STAFF PRESENT: Zelefsky MINUTES: ON MOTION BY SMITH AND SECOND BY WEBB, THE MINUTES OF THE REGULAR MEETING OF MARCH 31, 1982 WERE -APPROVED AS.TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Smith, Webb, Vogelsang, Crosby NOES: None ABSTAIN: None ABSENT: Kelly REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82--12 (Continued from 4/7/82) Applicant:. James and Catherine Morley To permit continued existence of enclosed tool shed at zero side- yard•setback - Two (2) foot encroachment into the front yard setback (waterfront lot), located at 16566 Ensign Circle, zoned R1, Single Family Residence District. Staff reiterated request and stated that continuance of proposal from the meeting of April 4, 1982,.was necessary as the application had to be readvertised, created by an inspection by staff of the property which revealed that the existing tool shed was at zero sideyard setback in addition to the two (2) foot encroachment into the front yard setback requested by the applicants on their application. The public hearing was reopened by Acting Chairman Crosby with Mr. and Mrs. James Morley present in support of their proposal. Mr. Morley addressed the Board and said he hoped the Board's decision to his proposal would be favorable as the tool shed structure was an Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Two important consideration when they purchased their home as they have limited land space on their property. He further stated that the tool shed structure was concealed by landscaping and that up until he changed the roof line, which was originally flat to a pitched shingled roof, the tool shed structure was not noticed. Mr. Morley received a stop -work order from a City inspector on March 8, 1982 at which time he learned the tool shed structure was not in accordance with the provisions of the Code. The public hearing was closed by Acting Chairman Crosby. Board discussion followed taking into consideration the consistency of the applicants request within the residential character of the general area. It was stated to the applicant by the'Board that although the code is very specific, and yet quite reasonable, the latitude of the applicants request could not be substantiated as a hardship as other means for storage of garden tools are available. The zero sideyard setback was of great concern as it would prevent fire access to the side of the Morley's home, as well as to his neighbor's residence. ON MOTION BY SMITH AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 82-12 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: Conditional Exception No. 82-12 was denied by the Board of Zoning Adjustments based upon the following reasons: 1. The granting of Conditional Exception No. 82-12 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. Other properties under the same zone classification and circumstances have not been granted the privilege of having a shed at zero side yard setback and eight (8) foot front yard setback. 2. -There are no special circumstances applicable to the subject property (size, shape, topography, location or surroundings) The strict application of the zoning ordinance will not deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification (S.9811.1.1). 3. The granting of this request would set a precedent for storage sheds at zero sideyard setback and 8 ft. front yard setback.. There are other options available to the applicant for storage that comply with the Ordinance Code. AYES: Webb, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -2- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Three The applicants were advised of their rights to appeal the Board's decision within ten days in writing to the Secretary of the Planning Commission. CONDITIONAL EXCEPTION NO. 82-14 Applicant: Mr. Ronald M. Akin To permit the front wall of garage to encroach 210" into the front setback, to 20'0" in lieu of 22'0" required. Property located at 16236 Wayfarer Lane, zoned R1, Single Family Residence District. Staff introduced proposal and stated that this request is categorically Exempt, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Acting Chairman Crosby with Mr. Robert Bender, Architect, and Mrs. Akin present to speak in favor of proposal. Mr. Bender introduced himself to the Board and stated that the proposal to'encroach two (2) feet into the front yard setback would allow the necessary room to expand the applicant's garage from a two car to a three car garage and, if the variance for encroachment is granted, they will relocate their present front entry to a side entry,into their residence. The Board questioned Mr. Bender on type of garage door proposed. He stated they intend to use the sectional automatic roll -up type garage door. The public hearing was closed by Acting Chairman Crosby. Board discussion ensued. A field inspection divulged many homes in Mr. Akins immediate area with twenty (20) foot front yard setbacks. ON MOTION BY CROSBY AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 82-14 WAS APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL IMPOSED FOLLOWING, BY VOTE AS FOLLOWS: FINDINGS AND REASONS: 1. A two (2) foot encroachment into the applicant's front yard setback is granting parity and would not grant a special privilege inconsistent upon other properties in the vicinity and under idential zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or 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- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Four 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 received April 6, 1982, shall be the approved layout. 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. General Condition: 1. The applicant shall provide a "roll -up" type garage door with automatic garage door opener. AYES: Webb, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None USE PERMIT NO. 82-16 Applicant: Nuttall-Uchizono Associates Purpose of this Use Permit is to renew the same project as previously approved under Use Permit No. 80-39 which permitted construction of a four (4) story, 29,500 sq. ft. office building. Building to be located at 18141 Beach Boulevard, zoned C4, Highway Commerical District. Staff outlined request and stated that the applicant's original Use Permit No. 80-39 expired on December 22, 1981. On January 18, 1982 a letter was received by the Building Department requesting that applicant's plan check No. 10000,932 be renewed for 180 days to April 3, 1982. The letter further stated that the applicant inadvertently had allowed the six month period to lapse without requesting an extension on his plan check. The extension for the -4- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Five plan check only was extended to April 3, 1982. The applicant was unaware that his Use Permit No. 80-39 had expired on December 22, 1981, which was not discovered until the applicant applied for his permits to start construction. As the applicant's original use permit had expired, filing for a new use permit was necessary. The public hearing was opened by Acting Chairman Crosby with Mr. Stan Uchizono present to speak in'favor of renewal of his proposal. Mr. Uchizono introduced himself to the Board• Councilman Ron Pattinson was present and stated that the delay starting construction was due to financial reasons. He stated that there has been no change made to original plans submitted for Use Permit No. 80-39. The public hearing was closed by Acting Chairman Crosby. Previously imposed Conditions of Approval were discussed. As the new ordinance for compact parking was not in effect when original Use Permit No. 80-39 was approved, it was felt by the Board members and agreed to by the applicant, that compact parking should be utilized in the westerly portion of the parking area, in the rear of the building, allowing a 28 ft. turning radius for better access and circulation. Fire requirements were discussed with the applicant as outlined in the following Conditions of Approval. ON MOTION BY SMITH AND SECOND BY CROSBY, USE PERMIT NO. 82-16 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, 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, Applicant shall work with Development Services staff to incorporate the project into one (1) plan as conditionally -5- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Six approved on Use Permit No. 80-39 and Use Permit No. 82-16, specifically delineating all modifications. A final con- ceptual plan shall be reviewed -and approved by the Secretary of the Board. 2. The applicant shall submit building elevations (including height dimensions) prior to issuance of building permits. These elevations shall be reviewed and approved by the Secretary of the Board. 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 the immediate vicinity; to property and improvements in - Past administrative action regarding this property. 3. The following plans shall be submitted to the Secretary of the Board for review and approval: a. A landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate all rooftop mechanical equipment and delineate the type of material proposed to screen said equipment. 4. The applicant shall submit an irrevocable reciprocal parking and access agreement between the subject parcel and the parcel abutting the northerly property line. The area of this recip- rocal access and parking shall include the red cro.ss-hatched area as shown on the approved plot plan. 5. The irrevocable parking and access agreement shall be approved. by the office of the Huntington Beach City Attorney as to form and content and recorded in the office of the Orange County Recorder prior to issuance of building permits. B. GENERAL CONDITIONS: 1. The applicant shall utilize compact parking spaces within the westerly portion of the parking area in order to achieve a 28-foot.turning radius for fire access. 2. A minimum paved area along the northerly property line of the subject property and along the southerly property line -6- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Seven of the abutting property to the north shall be provided as depicted upon the approved plot plan by the superimposed yellow cross -hatching prior to final inspection. 3. "No Parking - Fire Lane" signs shall be posted'per Fire Department standards and specifications. 4. Fire protection shall be provided per Fire Department standards and specifications. AYES: Vogelsang, Smith, Crosby NOES: None ABSTAIN: Webb ADMINSTRATIVE REVIEW NO. 82-12 Applicant: Rainbow Disposal Company, Inc. To permit change of circulation to previously approved site plan. Property located at 17121 Nichols Street, zoned M-1, Light Industrial District. The proposal was introduced by staff. Mr. Ron Yeo, Architect, and Stanley F.'Tkaczyk, Vice President of Rainbow Disposal, were present.to represent application. Mr. Yeo addressed.the Board and stated that the new plan submitted was basically the same as submitted for A.R. No. 81-9 with the exception of the driveways. The new plan has a -safer traffic flow pattern onsite keeping cars -and trucks separated. The plan depicts three driveways in lieu of -two shown on original plan; two for trucks, allowing one for egress and one for ingress, with the remaining driveway for use by the public and employees. Directional signage. was discussed. Previous Conditions of Approval imposed on Administrative Review No. 81-9 were discussed with the applicant. The Board concurred with all Conditions imposed previously with the exception of one General'Condition '(No. 7) which stated that the applicant's parcel map would have to record "prior to issuance of building permits" which was changed to read."prior to occupancy".. ON MOTION BY SMITH AND SECOND BY WEBB, ADMINISTRATIVE REVIEW NO. 82-12 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received April.7, 1982 shall -be the approved layout, subject to the modifications described herein: -7- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Eight a. A grading,.elevation, and traffic circulation sign plan shall be submitted to the Secretary of the Board for review and approval. If such plans comply with the modifications outlined by the Board, said plans 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. 2. The following plans shall be submitted for review and approval by the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and land- scaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Storage of waste material in transfer station after working hours is prohibited, unless applicant provides adequate fire protection devices. 2. Landscaped area adjacent to Nichols Street shall be mounded (bermed) per Section 9791(b) of the Huntington Beach Ordinance Code. 3. Applicant shall comply with all applicable Fire Code require- ments. 4. Landscaping along the north and south property lines shall be of high.density foilage. 5. Applicant shall provide on -site parking for employees, thereby discouraging employee parking along Nichols Street. -8- BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Nine 6. Equipment shall meet all Orange County noise ordinance require- ments prior to issuance of Certificate of Occupancy. 7. Applicant shall record a parcel map consolidating two (2) parcels into one (1) parcel prior to issuance of Certificate of Occupancy, or in the alternative, provide an acceptable recorded copy of a reciprocal drive easement to the Secretary of the Board prior to issuance of Certificate of Occupancy. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at an.offsite facility equipped to handle them. 9. If lighting is.included in the parking lot, energy efficient lamps shall be used (e.g, high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. AYES: Webb, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-13 Applicant: Huntington Harbour Anglers To permit a parking -lot charity bazzar on May 15, 1982 from 7:00 a.m-. until 2:00 p.m. at 16898 Algonquin. Staff introduced request with no one present to speak -for or against charity bazzar. The Board reviewed the proposal discussing location, flow of traffic in the shopping center, and fire accessways. ON MOTION BY SMITH AND SECOND BY VOGELSANG, ADMINISTRATIVE REVIEW NO. 82-13 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE2 CONDITIONS OF APPROVAL: l.' The plot plan received April 7, 1982, shall be the conceptual layout.. 2. A revised site plan showing dimensioned fire accessways shall be submitted for review and approval by the Fire Department prior to issuance of'permits. 3. The applicant shall obtain all necessary electrical permits. --9- . BZA 4/21/82 Minutes: H.B. Board of Zoning Adjustments April 21, 1982 Page Ten 4. A certificate of insurance shall be filed in the Finance Department five (5) days prior to the event. AYES: Webb, Crosby, Vogelsang, Smith NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. r Florence Webb, Acting Secretary Board of Zoning Adjustments 1 -10- BZA 4/21/82