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HomeMy WebLinkAbout1982-06-09MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 9, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Kelly, Vogelsang, Smith, Crosby STAFF PRESENT: Zelefsky, Parker MINUTES: ON MOTION BY VOGELSANG AND SECOND BY WEBB, THE MINUTES OF THE REGULAR MEETING OF MAY 12, 1982, WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Webb, -Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-21 (Con't. from 5/26/82) Applicant: Charles Vannoy and Marilyn Baker To permit a six foot high block wall to encroach a maximum of five (5) feet into -the required fifteen (15) foot front yard setback. Property located at--19941 Felcliff Lane. Staff outlined proposal and reiterated reason for continuance stating that the applicants originally requested'a four (4) foot encroachment into the required fifteen (15) foot front yard setback but altered encroachment to five (5) feet -for their block wall".:--_*`';'_. The public hearing was opened by Chairman Kelly with the applicants Charles Vannoy and -.Marilyn Baker present to speak in favor of their application. Mr. Vannoy addressed the Board and stated his reasons for the necessity of a block wall. He said that they are located very close to the intersection of Adams and Newland Street and that -due to the heavy traffic alot of noise is generated and that esthetically, the block wall will improve thb outside appearance of his home. Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Two Mr. Vannoy submitted to the Board Members a letter from his neighbors stating their approval of the applicants masonry block wall. There being no one else present to speak in favor or opposition of this application, the public hearing was closed by Chairman Kelly. The Board reviewed the plan submitted with the applicant: It was immediately noted by the Board Members that the elliptical shape of the applicants lot is creating their hardship. The proposed wall was shown on the plan setting at a fourteen.foot front --yard setback on the north side of the property and on the south side the wall is located at a 10.5 ft. front yard setback. As the lot is at an angle with the house positioned oddly; to keep -the wall, parallel with the house, it was felt by the Board Members that this five (5) foot encroachment was necessary. ON MOTION BY SMITH AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 82-21 WAS APPROVED WITH -FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. The orientation of the dwelling unit on this irregularly shaped lot has created applicants hardship. 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. 4.1 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 plot plan received May 10, 1982, shall be the approved layout, subject to the following: -2- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments .June 9, 1982 Page Three 1. All requirements of the Uniform Building Code shall be met. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - 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 USE PERMIT NO. 82-19 Applicant: Sun Computers To permit retail sales within an existing 3,432 or (3,000-3,500) square foot building. Property located at 16241 Beach Boulevard. Staff introduced application and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality - Act, 1970. Chairman Kelly opened the public hearing with Danni Graham of Sun Computers present and Jim Costanzo of Coldwell Banker present to speak in favor of this proposal. The applicant introduced herself to the Board and stated that Sun Computers consists of -specialists in microcomputer sales and services and as they need more space, wish to relocate in the City of Huntington Beach. - As there was no one else present wishing to speak in favor or opposition of this request, the public hearing was closed. Board discussion carried on the Conditions of Approval. The applicant was informed by the Board that the existing sign on the property did not meet the Sign Code and that it would have to be brought into compliance with the Code which would require a reduction in height from 25 ft. to 20 ft. The applicant stated she was unaware of the fact that the sign was illegal but stated that the sign would not be a problem. Upon review of the plans submitted, it was noted -that the plans were dated September 1, 1975. The applicant explained that the building as shown is still,the same and has not been modified in the past seven years. She,stated that many repairs have been made (e.g. -3- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June 91 1982 Page Four plumbing, electrical, painting and general clean-up). The require- ment for six (6) percent landscaping was discussed with the applicant as well as replacement of deteriorated landscaping on -the site. Ms. Graham stated that she has hired a licensed landscaping contractor to do the work. Formality for dedication of Holt -Avenue was explained to Ms. Graham. A lengthly discussion ensued between the Board, applicant and Jim Costanzo of Coldwell Banker regarding the Tentative Parcel Map. Mr. Costanzo stated that if his clients who are purchasing the building were.unable.to open their. doors for business until the parcel map was recorded, that due to the length of time involved, it would affect the closing of escrow as he felt as the applicant wishes to open;for business on -July 5, 1982, she.. -would -not want;. to purchase a building which could not be occupied immediately. The Board realizing the complexities involved, with the applicant's concurrence, agreed that should the parcel map not be recorded within 90 days after occupancy, a._Notice of Violation'will be filed with the Orange County,Recorder's Office by`the City which will put a cloud on the title. The applicant agreed to file a Tentative Parcel Map at her earliest convenience. ON MOTION BY WEBB AND SECOND BY SMITH, USE PERMIT NO. 82-19 WAS APPROVED WITH FINDINGS', REASONS,'AND'CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 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 improvemerits'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. The conceptual plot -plan and elevations received May 26, 1982, shall be the approved layout, subject to the following: -4- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Five a. Holt Avenue shall be dedicated to City standards. b. Prior to issuance of building permits, a landscape plan shall be submitted to the Secretary of the Board for review and approval, reflecting 6% landscaping. This landscaping plan shall include replacement of all deteriorated landscaping on the site. 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. C. The applicant shall submit a Tentative Parcel Map for consolidation of the parcels to the Secretary of the Board for review and approval prior to occupancy. This Tentative Parcel Map shall be recorded within ninety (90) days after occupancy. Should the Tentative Parcel Map not be recorded within the ninety (90) day period after occupancy, a "Notice of Violation", per Section 66499.36 of the Government Code, shall be filed and recorded with the Orange County Recorder's Office by the City of Huntington Beach. 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. On -site signing shall be brought into conformance with Article 976 of the Ordinance Code prior to occupancy. 2. All building spoils, such as lumber, wire, pipe, and other surplus or unusable material shall be disposed of to an off - site facility equipped to handle them. 3. 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, Kelly,'Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -5- BZA 6/9/82 Minutes; H.B. Board of Zoning Adjustments June 9, 1982 Page Six CONDITIONAL EXCEPTION NO. 82-27 Applicant: Alamo Construction To permit; 1) a reduction in open space area to 940 square feet; 2) a reduction of minimum dimensions of open space area to 17' and 10' in lieu of 25' and 151; and 3) an encroachment of 415" into exterior side yard setback to follow existing side yard. Property located at 6472 Morion Circle. Staff introduced application and stated that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Chairman Kelly opened the public hearing with Mr. Roy H. Mandry, of Alamo,Construction, present representing his -client. Mr. Mandry addressed the Board and stated the reasons for the necessity of a variance to the rear and exterior sideyard setback of his applicant's home. As his -'clients family has grow4 additional space is required. They are proposing an enclosed patio, to be used as a room addition, to be built. where presently there is an existing cement slab previously used for an outdoor patio surrounded by lattice work. His clients home,is placed farther back on his lot than most of the homes in his tract as he is on a cul-de-sac causing his, rear yard to be shorter than most lots in his immediate vicinity. Mr. Mandry further stated that he lives next door_ to his client and has no objection to his proposed patio addition. The public hearing was closed by Chairman Kelly with no one else present to speak for or against this proposal. The Board discussed the site plan at great length, taking into consideration the magnitude of the variances and the mandatory findings of hardship necessary for granting this request. ON MOTION BY SMITH'AND SECOND -BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-27 WAS GRANTED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING'VOTE:- FINDINGS AND REASONS: 1. The granting of the Conditional Exception will not 'constitute a grant of a -special privilege inconsistent uponother properties in the vicinity and under identical classifications. 2. Because of special circumstances applicable to the subject property creating the applicant's hardship, including size, -6- BZA 6/9/82 1 LJ Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Seven shape and location of the property, 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: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received May 24, 1982, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board for review and approval depicting correct dimensions for the property. 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: 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: Smith, Vogelsang,, Crosby NOES: Webb, Kelly ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-26 Applicant: Ademir Antonio Alues & Carlos Gonzalz To permit construction of a 4,032 sq. ft. building for an auto body shop, located at 7700 Slater, zoned Ml, Light Industrial District. -7- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June_9, 1982 Page Eight Staff outlined the proposal and submitted pictures to the Board Members for viewing of the site which had been'taken by staff. Jim Morton, builder for the project, was present -representing the applicants. He stated that previous approval for'a'auto body shop had been granted on Administrative Review No.�80-69,but that; -in the interim,:the applicants changed the interior layout of 'their previously approved plan. He stated -that they would like to leave the existing batten fence on Morgan Lane, however, lowering the barb wire (for vandalism) so that'it cannot be seen from'the street,' refurbish the battens and replace the landscaping next'to this fence in lieu of a masonry block wall due to the cost involved. The Board expressed their concerns disallowing the existing deteriorated batten fence and informed Mr. Morton that a masonry block'wall'if is necessary -on Morgan Lane, set back at six (6) feet, excluding the corner of Slater Avenue and Morgan Lane, of which the wall will be set back at ten (10) feet allowing traffic at this inter- section good visability.. The Board agreed to allow the applicant to leave the existing wooden fence:on the south side of the°property providing it could be refurbished appropriately. The chain -link fence down the middle of the property -was discussed. Mr. Morton stated that the previous owner of the property had rented a portion of the property to a cable T.V. company. He said he left the chain -link fence there to -separate visitors coming to the property from the work shop area and that the enclosed work shop area would house the guard dogs. The applicant was informed that dual use of the property would be illegal as his parking requirements were met allowing nine parking spaces on one side of the chain -link fence and eleven parking spaces on the other side. Fire representative Parker stated that this chain -link fence down the middle of the property would not create -a problem should fire services be required. Discussion carried on removal,,of the -curb -cut on Slater Avenue, landscaping requirements, and the paint spray booth as outlined in the following Conditions of Approval. ON MOTION BY WEBB AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 82-26 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received May 26, 1982, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board for review and approval including the following: -8- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Nine 1. The curb -cut on Slater Avenue shall be removed meeting Public Works requirements. 2. A landscape plan and automatic irrigation system plan shall be submitted to the Secretary of the Board for review and approval. The landscape plan shall reflect a six (6) foot setback on Morgan Lane with six (6) feet of landscaping to the public walkway, excluding the corner of Morgan Lane and Slater Avenue, which shall have a ten (10) foot setback with ten (10) ft. of landscaping to the public walkway. 3. The existing fence along Morgan,Lane shall be removed and replaced with a masonry block wall constructed of slumpstone or split face, installed at a six (6) foot setback, excluding the corner of Slater Avenue and Morgan Lane, of which the wall will be set back at ten (10) feet. 4. The applicant shall provide fire lanes to comply with the Fire Department specifications. 5. A elevation plan shall be submitted to the Secretary of the Board for review and approval. 6. If rooftop mechanical equipment is installed, a plan shall be submitted delineating the type of material proposed to screen said equipment. 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. The spray booth shall comply with all applicable fire code regulations. 2. The fence on the south side of the property shall be refurbished and repainted. If this fence cannot be refurbished in an appropriate manner, this fence shall be replaced with a masonry block wall. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -9- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Ten CONDITIONAL EXCEPTION NO. 82-29 Applicant: Mr. Brian W. Oslin To permit a reduction in open space area and a reduction in minimum dimension from 25 feet to 21-1/2 feet. Property is located at 8621 Bellmead Drive. The proposal was introduced by staff. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970• Chairman Kelly opened the public hearing with the applicant present. Mr. Oslin introduced himself to the Board and stated that he is proposing to build a family room addition in the rear of his home. He stated that his existing property, as originally constructed, does not comply with the open space area and minimum dimension requirements of the Code, thereby precluding adding any additional floor area without the granting of a Conditional Exception. The public hearing was closed with one one else present wishing to speak in favor or opposition of Mr. Oslin's request. Upon review by the Board of the applicant's plan, it was revealed that the applicant's home was originally constructed with 1,188 sq. ft. of open space in lieu of the required 1,200 sq. ft. behind the front yard setback. The Board Members all concurred that this minimal reduction of twelve (12) sq. ft. into the open space area and 3-1/2 ft. minimum dimension should be granted to the applicant. ON MOTION BY WEBB AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-29 WAS GRANTED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOW- ING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. Minimal encroachment - short 12 ft. of open space and 3-1/2 ft. minimum dimension. 2. Addition will not impact neighborhood. 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 -10- BZA 6/9/82 Minutes: H.B. Board of Zoning Adjustments June 9, 1982 Page Eleven 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 and elevations received May 26, 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 MISCELLANEOUS ITEMS: ADMINISTRATIVE REVIEW NO. 82-16 AND ADMINISTRATIVE REVIEW NO. 82-17 Applicant: U.S. Rentals, Inc. To permit a one day public auction on June 12, 1982 from 8:00 a.m. to 3:00 p.m,, located at 17101 Nichols Street and to permit parking for public auction to be held on the same day at 7661 Warner Avenue. A request was received for rescheduling of special event from June 12, 1982 to July 24, 1982. ON MOTION BY SMITH AND SECOND BY VOGELSANG, DATE OF JULY 24, 1982, APPROVED FOR PUBLIC AUCTION BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Crosby, Smith NOES: None ABSTAIN: None THEIR BEING NOFURTH,E,R� BUSINESS, THE MEETING WAS ADJOURNED. �4j Z4�2� ILA % Florence Webb, Acting Secretary Board of Zoning Adjustments -11- BZA 6/9/82