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HomeMy WebLinkAbout1982-05-05MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MAY 5, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Vogelsang, Smith, Crosby, Bellavia, Cooper BOARD MEMBERS ABSENT: Webb, Kelly STAFF PRESENT: Zelefsky MINUTES: ON MOTION BY SMITH AND SECOND BY CROSBY, THE MINUTES OF THE REGULAR MEETING OF APRIL 14, 1982, WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Smith, Crosby, Vogelsang NOES: None ABSTAIN: Bellavia, Cooper REGULAR AGENDA ITEMS: USE PERMIT NO. 82-15 Applicant: Ronald B. Neidermayer To permit continuance of thirty (30) inch sideyard setback on'a room extension (Addition to a single family dwelling with non- conforming yards). Property located at.520 Tenth Street in Townlot Specific Plan Area. Staff introduced the proposal and stated that continuance from the meeting of April 28, 1982 was granted to allow.the applicant an opportunity to be'present. This request is a Categorical Exemption, Class. 1, California Environmental Quality Act, 1970. The public hearing was opened by Acting Chairman Cooper with Mr. Ronald B. Neidermayer -- property owner and Mr. Patrick Duggan - City employee present to speak in Mr. Neidermayer's behalf. Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Two Mr, Duggan introduced himself to the Board and stated that Mr. Neidermayer is a potential client of the City of Huntington Beach's Community and Neighborhood Enhancement Program. The Neighborhood Enhancement Program specifically provides a variety of home improvement loans as a means of upgrading residential' properties and enhancing targeted neighborhoods of the City of Huntington Beach. The public hearing was closed by Acting Chairman Cooper. Staff concerns were outlined to the applicant with regard to parking as neither a carport or garage were shown on his plan submitted. Mr. Duggan stated that Mr. Neidermayer'_s intent is to -construct a cement slab and footings only at the present time for a proposed garage in the future as Mr. Neidermayer is working with limited funds.which will allow for his proposed addition only .to his residence. The proposed addition will alleviate the overcrowded condition in his home which is his nunber one priority. The maximum loan'Mr. Neidermayer can receive through the Neighborhood Enhancement Program is $15,000.00. Other concerns discussed with the applicant were the building code requirements for windows and one (1) hour fire walls for his proposed addition. The applicant was informed of requirement for 2-1/2 feet of alley dedication. ON MOTION BY BELLAVIA AND SECOND BY VOGELSANG, USE PERMIT NO. 82-15 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, 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: -2- BZA . 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Three 1. The revised conceptual plot plan and elevations received April 13, 1982 shall be the approved layout, subject to the modifications described herein: a. Two and one-half (2-1/2) feet to the alley shall be dedicated to the City. 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. B. General Conditions: 1, As the applicant has received limited financing under the Neighborhood Enhancement Program, and as his first priority necessitates taking care of his overcrowded condition which will be eliminated by the addition to his dwelling, approval was granted to the applicant to construct a slab and footings only for a future garage allowing for off-street parking. 2. The slab for the proposed garage shall be increased to twenty (20) feet in depth in lieu of fifteen (15) feet shown on plan submitted. The interior dimension for the proposed garage shall be 18 ft. x 19 ft. minimum. 3. Prior to issuance of building permits, the exterior walls and windows shall be reviewed and approved by the Building Department. AYES: Vogelsang, Smith, Crosby, Bellavia, Cooper NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-15 Applicant: Saint Bonaventure Church To permit a church festival October 15, 16, and 17, 1982, located at 16400 Springdale Street, in an R-1 zone. Mr. Tom Fourmont was present to represent Saint Bonaventure Church. -3- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Four Staff introduced the application and stated that this festival is a yearly event, It was noted that last year the location of the festival was moved from the parking lot to the school playground (which abuts a arterial highway) which improved the noise factor to the adjoining residential area. It was the feeling of the Board Members that the same Conditions of Approval applied last year should be imposed on this administrative review as there were no complaints received as had been received in the past. A slight deviation was made requesting that all rental equipment be returned within one week, in lieu of two weeks, imposed last year. The applicant concurred with this change: ON MOTION BY SMITH AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 82-15 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY'THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: The plot plan received April 23, 1982, shall be the approved, layout subject to the following conditions: 1. The applicant shall obtain all necessary electrical permit 2. An on -site inspection by the Fire -Department shall be required prior to the event. 3. A certificate of insurance form shall be filed in the Finance Department at least five (5) days prior to the event. 4. All trash, debris and garbage as well as special dumpsters shall be removed from the site within two (2) days of closing of the festival. 5. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be discontinued as of 9:00 p.m. each evening. 6. Refrigeration truck to be placed onsite as near the inter- section of Springdale and Heil as possible to minimize noise from the unit. 7. Barricades shall be placed at the intersections of Springdale and Brassie, Springdale and Orlando, Heil and Bradbury, Orlando and Bradbury and Orlando and -Angler. The applican shall provide at their expense, uniformed police officers to man the barricades, at all locations except Orlando and Angler, one (1) hour prior to the opening of the festival to the close of each day (to be approved by the Traffic Engineer). -4- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Five 8. All equipment and manpower required by Condition No. 7 shall be provided at the applicant's expense. 9. Appropriate signs (temporary) for the direction of traffic and onsite parking shall be provided by the applicant. Said signs, location, and content to be as recommended by Traffic Division of the Police Department. 10, The vehicular access off Orlando and Bradbury shall be secured and not used for ingress -egress to the site except for emergency purposes. 11. All operations of the festival, including machinery, other than necessary refrigeration units shall desist between .the hours of 9:30 p.m. and 8:00 a.m. 12, All activity on the site or clean-up activity off -site = shall' be shut down by 11:00 p.m. 13, In the event there are any violations of the foregoing conditions or any -violations of life safety codes, the festival activity will be terminated and not permitted to reopen. 14, The applicant shall provide clean-up crews to clear the adjacent streets of trash and debris each evening after closing of the activity. 15. All evidence of the activity (booths, rides and other material) shall be completely removed from the site within two (2) weeks of closing of the festival. All rental equipment shall be removed,from the site within one (1) week of closing of the festival. 16. All vehicular ingress and egress to the site shall be . via the church driveway located mid -block on Springdale. AYES: Vogelsang, Smith, Crosby, Bellavia, Cooper NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-16 Applicant: Mr. William P. Batiste To permit a six (6) foot high fence to encroach three (3) feet into the required 15 foot front yard setback. Property located at 17002 Marina Bay Drive, zoned R-1. .-5- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Six Acting Chairman Cooper introduced the proposal to the Board. Staff informed the Board that a telephone call was received from Mr. Batiste on May 17, 1982, saying he would be unable to attend the hearing of his conditional exception and requested that the Board please go ahead and take action in his absence. The public hearing was opened by Acting Chairman Cooper. There being no one present to speak in favor or opposition of this proposal, the public hearing was closed. The Board reviewed the plan submitted by the applicant and noted that Mr. Batiste has an irregular shaped lot which is creating a hardship. Frank Webber, A.I.A., arrived to represent the applicant. It was mentioned that the encroachment of the wood fence is minimal due to the shape of the applicant's lot as it is located on a curved street and, due to the architectural layout, the fence will only encroach in two spots on his property for a total of approximately eight feet. As the proposed fence will encompass a new pool and jacuzzi, Board discussion carried on the setback and location of the pool equipment -.- ON MOTION BY VOGELSANG AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-16 WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. This property has unique characteristics because of its configuration (pie -shaped) creating a hardship.- 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. 2. The granting of this request is one of parity with surrounding homes. 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. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. -6- BZA 5/5/82 Minutes: H.B. May 5, 1982 Page Seven Board of Zoning Adjustments 6. 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 16, 1982, shall be the approved layout. 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; - Past administrative action regarding this property. AYES: Vogelsang, Smith, Crosby, Bellavia, Cooper NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82--17 Applicant: Mr. Rodger Rhinehart To permit reduction of minimum dimension of open space requirement from 15 feet to 13-1/2 feet. Property located at 17831 Quintana Lane, zoned R-1. The Acting Chairman informed the Board that this request is a Categorical Exemption, Class. 5, California Environmental Quality Act, 1970. Staff introduced the proposal with Mr. Walter Perfect present representing application. Acting Chairman Cooper opened the public hearing. Mr. Perfect introduced himself to the Board and stated Mr. Rhinehart's reasons for requesting a variance. He said the developer placed the applicant's home at a twenty -six-foot front yard setback in lieu of twenty=two feet required by Code, and as the applicant's tract was recorded prior to 1969, with the proposed rear; -.addition Mr. Rhinehart is unable to meet the minimum dimension of open space in his rear yard. The applicant is requesting that he be allowed to provide his minimum dimension of open space in two areas, behind the front yard setback as allowed tracts recorded after March, 1969 allowing him to meet the requirements of the Code. The public hearing was closed by Acting Chairman Cooper. -7- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Eight The Board reviewed the site plan and expressed their concern with regard to the forty-two plus (42+) inch fence along the fifteen (15) foot front yard setback as the proposed fence shown on the plan did not connect with the existing fence on the North side of Mr. Rhinehart's property. Mr. Perfect concurred with the connection of both fences and stated that this would be rectified on the final plan. ON MOTION BY CROSBY AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-17 WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. As existing dwelling has a twenty-six (26) ft. front yard set- back, in lieu of twenty-two (22) ft. required, had the developer constructed the applicant's home at the twenty-two foot front yard setback, the applicant would not have had to file a con- ditional exception to add a rear room addition to his residence. 2. 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. 3. 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: 4. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 6. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: The conceptual plan received April 19, 1982 shall be the approved layout. considered In its approval action, the Board of Zoning Adjustments the following issues relating to the conceptual plan: -8- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Nine 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. Applicant shall build a forty-two plus (42+) inch fence along the 15 foot front yard setback. This fence shall extend along the North property line connecting with existing fence. AYES: Vogelsang, Smith, Crosby, Cooper NOES: Bellavia ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-14 Applicant: Seacliff Estates c/o Mansion Properties, Inc: To permit "Product A" Model Homes for Seacliff IV Residential Development, located on Avenue Terminus - North side of street (Northwesterly of Palm), zoned R2-PD. Staff introduced proposal and stated that this request is covered by EIR 77-6. Bill Holman was present to speak in favor of this application by representing the.applicant. Acting Chairman Crosby stated that in a recent meeting held with the applicant's representatives, concerns of the Board members were satisfied. -The applicant was informed that the sales office shall be discontinued within a thirty (30) day period following sale of the last on -site unit and that in no case shall the sales office be converted or expanded into a general business office for the contractor or developer. Conditions of Approval were discussed. ON MOTION BY BELLAVIA AND SECOND BY VOGELSANG, ADMINISTRATIVE REVIEW NO. 82-14 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: CONDITIONS'OF APPROVAL: The conceptual plot plan and elevations received April 21, 1982, shall be the approved layout, subject to the following: -9- BZA 5/5/82 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Ten 1. A plan delineating various temporary directional signs shall be submitted to the Secretary of the Board for review and approval prior to issuance of building permits. 2. 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, shall be submitted to the Secretary of the Board for review and approval prior to issuance of building permits. 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. General Conditions: 1. Fire.access shall be provided, meeting Fire Department standards, off Cherry Hill Drive connecting with Woodland Drive. 2. Hard surface all weather streets shall be installed prior to construction. 3. Fire hydrants shall be installed per Fire Code requirements. 4. Both sides of the gates, for the median on the East side of the facility off Woodland, shall..be openable. The gates may be locked with Fire Department approved devices. 5. Prior to construction of roads, turf blocks allowing ingress or egress off Woodland in the parking lot area, shall be reviewed and approved by the Fire Department. AYES: Vogelsang, Smith, Cooper, Bellavia, Crosby NOES: None ABSTAIN: None -10- BZA 5/5/82 1 Minutes: H.B. Board of Zoning Adjustments May 5, 1982 Page Eleven MISCELLANEOUS ITEMS: TENTATIVE PARCEL MAP NO. 82-556 Applicant: Phil Zisakis To legally divide one (1) parcel into four (4) parcels as shown on latest assessors map (in conjunction with Use Permit No. 82-13 permitting construction of a commercial building). ON MOTION BY BELLAVIA AND SECOND BY SMITHr BOTH ITEMS WERE REFERRED TO THE PLANNING COMMISSION MEETING OF MAY 18, 1982 TO BE HEARD IN CONJUNCTION WITH C.E. NO.. 82-02. AYES: Vogelsang, Smith, Cooper, Bellavia, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-11 Applicant:. Contorelli & Davis To permit four-.-._(4) units for Industrial Condominiums. Property located at the South end of Metzler Lane - 945 ft. south of Slater Avenue. As the original Tentative Parcel Map was incorrect (No. 82-556) as it did not include the fifteen (15) foot sanitation sewer and storm drain easement, henceforth, on Administrative ReView No. 82-11 the request for dedication of this easement was not requested. ON MOTION BY BELLAVIA AND SECOND BY SMITH, THE APPLICANT SHALL BE ADVISED THAT RECONSIDERATION OF CONDITIONS OF APPROVAL WILL BE HEARD AT THE BOARD OF ZONING MEETING OF MAY.12, 1982. AYES: Vogelsang, Smith; Cooper, Bellavia, Crosby NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. -11- BZA 5/5/82