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HomeMy WebLinkAbout1982-05-19MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MAY 19, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Kelly, Vogelsang, Crosby, Smith STAFF MEMBERS PRESENT: Cooper, Zelefsky AGENDA ITEMS CONTINUED: USE PERMIT NO. 82-7 (Continued from 5/21/82) Applicant: Mr. George C. Mc Cracken To permit 12,500 square feet of mini -storage (two buildings) within the existing Warner West Shopping Center, located on Warner Avenue approximately 600 feet west of Goldenwest, in a C-2 .zoning district. Staff introduced request. Acting Secretary Webb reiterated application stating that Use Permit No. 82-7 was tabled on April 14, 1982, pending a reply from our Legal Department as to whether or not mini -storage is a permitted use in,a C-2 zoning district and that a reply was received which stated that "a mini -warehouse is not an allowable use in a C-2 zoning district". She further stated that a letter advising Mr. Mc Cracken of other options available to him was mailed on May 7. Chairman Kelly reopened the public hearing. There being no one present to speak in favor or opposition of this proposal,.the public hearing was closed. Acting Secretary Webb mentioned that on May 19, 1982, a meeting was held with staff and the applicant and that she was in receipt of a communication dated May 19 from Mr. Mc Cracken wherein he requested a six (6) month continuance in order to allow adequate time for him to explore remedies through the Planning Department, through code changes, which will allow this project and that if Minutes: H.B. Board of Zoning Adjustments May 19, 1982 Page Two he finds his efforts are fruitless, he will write the Board of Zoning Adjustments and request withdrawal of his application. ON MOTION BY CROSBY AND SECOND BY WEBB, USE PERMIT NO. 82-7 WAS CONTINUED FOR A SIX (6) MONTH PERIOD, BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-18 Applicant: Mr. Peter H. Laimbeer To permit a reduction from 25 feet to 21 feet on the minimum dimension for open space requirements. Property located at 20172 Harbor Isle Lane, zoned R-1, Single Family Residence District. Staff introduced the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Chairman Kelly opened the public hearing with Mr. Peter Laimbeer present to speak in favor of his application. It was stated by the Board that open space requirements for homes recorded after March 19, 1969, require 1,200 square feet of open space behind the front yard setback and a 25 ft. minimum dimension in order to calculate the open space. The applicant has over 1,200 square feet of open space, however, he does not have the minimum 25 ft. dimension. Mr. Laimbeer introduced himself to the Board. He stated that damage to his rental home was caused by a fire and that the new plan sub- mitted showing re -construction offered a better layout including a 9 ft, x 4 ft. master bedroom closet which previously was not located in the master bedroom but around a corner in a hallway. He stated that he could remove the closet from the master bedroom and meet the code requirements, but he felt it was not a'decent plan; that the closet should be located in the bedroom. The public hearing was closed by Chairman Kelly. The Board reviewed the plan and pictures submitted, noting that the applicant has an odd-shaped'lot creating his hardship and, in addition, his home backs up to a flood control channel which would allow no impact to his neighbors for this addition in the rear of his residence. -2- BZA 5/19/82 Minutes: H.B. May 19, 1982 Page Three Board of Zoning Adjustments ON MOTION BY CROSBY AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-18 WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. Although the applicant has an excess of 480 sq. f t. of open space he is unable to meet minimum dimension created by the configuration (pie shape) of his property creating a hardship. 2. The granting of this request is one of parity with surrounding homes. 3. As applicant's rear yard backs up to a flood control channel, there would be no impact to adjacent properties. 4, 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. 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 the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 7. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. CONDITIONS OF APPROVAL: The conceptual plot plan received May 7, 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: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -3- BZA 5/19/82 Minutes: H.B. Board of Zoning Adjustments May 19, 1982 Page Four CONDITIONAL EXCEPTION NO, 82-23 Applicant: Contorelli & Davis To permit an elimination of five (5) foot Building to be constructed on the easement Metzler Lane (Parcel 2) on the east side o setback from easement. line, located on f the street. Staff introduced the proposal and stated that the applicant had previously appeared before the Board of Zoning Adjustments and received approval for a four (4) unit industrial condominium office building -(Use Permit No. 82-14 and Administrative Review No. 82-11) and subsequently found out that the tentative parcel map (No. 82-557) was incorrect. The public hearing was opened by Chairman Kelly with Mr. Contorelli present in support of his proposal. Mr. Contorelli addressed the Board and stated that since his original plans submitted did not include the fifteen (15) foot sanitation sewer and storm drain easement along the easterly property line, which creates the necessity for dedication to the City prior to issuance of building permits, it is his wish to construct his proposed building on the easement line eliminating the five (5) foot setback. Mr. Contorelli submitted to the Board a engineering drawing, from his engineering firm,stating that the building could be constructed on the easement line and that it would not impose .a load on the storm drain pipe. The public hearing was closed by Chairman Kelly. Board discussion ensued. It was the consensus of the Board Members that construction of the building on the easement line would not negatively.affect the function and maintenance of the sewer and storm drain. Mr. Contorelli was informed that this approval was for'the construction of the building on the easement line only and was not for the layout as Mr. Contorel.li submitted a revised plan depicting correct dimensions for the property (including the sewer and storm drain) which need to be reviewed by staff. ON MOTION BY WEBB AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-23 WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. The granting of this conditional order for the applicant to obtain after dedication. exception is necessary in maximum use of his property -4- BZA 5/19/82 Minutes: H.B. May 19, 1982 Page Five Board of Zonine Adjustments 2. Since the applicant has demonstrated that the proposed building will not impose a load on the storm drain easement (letter submitted to the Board stating same from applicant's engineering firm) the Board, therefore, viewed the plan submitted to be substantially in compliance with the Ordinance Code. 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 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. CONDITIOIS OF APPROVAL: This approval shall be only for the construction of the Building on the easement line and not for the 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: Webb, Kelly, Vogelsang, Crosby, Smith NOES: None ABSTAIN: None MISCELLANEOUS ITEM: ADMINISTRATIVE REVIEW NO. 82-24 Applicant: Bedroom Galleries, Inc. To permit a tent/parking lot sale as follows: 5/21/82 - 4:00 p.m. to 9:00 p.m., 5/22/82 - 10,:00 a.m. to 9:00 p.m. and 5/23/82 - 10:00 a.m. to 6:00 p.m. Location is at 16672 Beach Boulevard. Staff introduced the proposal with Mr. Gene Tidgewell, Controller for. Bedroom Galleries, present to speak in favor of his application. Mr. Tidgewell informed the Board that they plan to hold a tent sale for three days only covered by this application, hopefully -5- BZA 5/19/82 Minutes; H,B. Board of Zoning Adjustments May 19, 1982 Page Six depleting their present inventory, In the future, they plan to sell a full line of furniture in lieu of just bedroom furniture and accessories. Board discussion carried on necessary fire requirements, location of tent, letter submitted to the Board by the applicant denoting other tenants approval of sale, temporary signs, and traffic generated by the sale in the shopping center. ON MOTION BY VOGELSANG AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 82-24 WAS APPROVED WITH CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: The conceptual plot plan received May 17, 1982, shall be the approved layout, subject to the following: 1. The applicant shall meet all Fire Department regulations. 2. A certificate of insurance in the amount of $1,000,000 shall be filed with the Finance Department prior to the event. 3. The applicant shall obtain all necessary electrical permits. 4. Hours of operation shall be - 5/21/82 4:00 p.m. to 9:00 p.m. 5/22/82 10:00 a.m. to 9:00 p.m. 5/23/82 10:00 a.m. to 6:00 p.m. 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 -6- BZA 5/19/82