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HomeMy WebLinkAbout1982-06-16MINUTES 11UNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 16, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Kelly, Vogelsang, Smith, Crosby STAFF PRESENT: Cooper, Zelefsky MINUTES: ON MOTION BY SMITH AND SECOND BY WEBB, THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1982, WAS APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-20 Applicant: Loretta Wolfe To permit the following variances: 1) 580 lot coverage in lieu of the code permitted 500, 2) Reduction in minimum turning radius from 25 ft. to 19 ft., 3) Reduction in sideyard setback from 5 ft. to 4 ft. when opposite side is set at zero sideyard setback, 4) Reduction in rear yard'setback from 7-1/2 ft. to 1-1/2 ft., 5) Reduction in private recreation open space from 575 sq. ft. to 206.25 sq. ft., 6) Reduction of total open space requirement from 40o to 320. This property is located in the Townlot Specific Plan Area at 411 - 6th Street. Staff introduced the proposal and stated that this request is a Categorical Exemption, Class. 5, California Environmental Quality Act, 1970. Chairman Kelly opened the public hearing and informed the applicant, as well as others present requesting conditional exceptions, of guidelines necessary whereby allowing the Board to grant a Conditional Exception provided that in so doing, the general purpose of the Ordinance Code is not affected. Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Two Mrs. Loretta Wolfe introduced herself to the Board as the owner of the subject property. She stated that she has a very narrow lot (25 ft. x 115 ft. after dedication). Mrs. Wolfe said she lives a couple doors away from a church, which also is a school for children from September through June, which has no parking lot. Adjacent to her property, a 25 ft. lot was divided into two lots which now has two houses on each small lot, with two different owners, of which neither home has a garage. She stated that there is a significant parking problem in her area. She lives three blocks from the beach and during the summer months parking becomes horrendous. Mrs. Wolfe and her husband wish to move into their home on 6th Street and are proposing to change their one -car garage into a double car garage adding two (2) large bedrooms and one bath over the garage. The public hearing was closed by Chairman Kelly with no one else present to speak in favor or opposition of this application. Upon review of the applicant's plan, the Board noted that Mrs. Wolfe's problem was created due to the large size bedrooms proposed over a double car garage which far exceeded the size required by Code. The Board Members expressed their concerns over granting a conditional exception of this magnitude as they felt that each variance requested was not minor in nature. It was explained to the applicant that when property that is non -conforming is being restructured it should be brought as close to Code as possible. It was suggested that Mrs. Wolfe meet with Planning staff to see if possibly a compromise could be reached wherein the applicant would be satisfied and the intent of the Code met. It was felt by the Board that Mrs. Wolfe did not have a hardship as there are other alternatives available. Mrs. Wolfe concurred with the Board Members that Conditional Exception No. 82-20 should be continued to allow her adequate time to meet with staff to modify her plan. ON MOTION BY SMITH AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 82-20 WAS CONTINUED THREE WEEKS, TO THE MEETING OF JULY 7, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-28 Applicant: Mr. Donald J. Pokorni To permit 1) a reduction in minimum open space dimension from 25 ft. to 20 ft. 6 inches and 2) to allow an outside stairway to be located within that open space area. Property located at 9871 Change Circle. Staff introduced the proposal and stated that this request is a Categorical Exemption, Class. 5, California Environmental Quality Act, 1970. -2- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16,, 1982 Page Three Chairman Kelly opened the public hearing with Mr. Donald J. Pokorni present to speak in support of his proposal. Mr. Pokorni introduced himself to the Board. He stated that in his tract of homes if you have a side -entry garage you have a ten (10) foot front yard setback. If you have a direct front entry garage, the setback is at 15 feet. Mr. Pokorni said his home was built just the opposite of the other homes in his tract, that he has a side entry garage with a 15 ft. front yard setback. He said the original lot plan was laid out incorrectly and the con- tractor just went ahead and built it at the 15 ft. setback. He further stated that had his home been setback at the original house placement for a side -entry garage he could have built his addition without the necessity of a Conditional Exception. Mr. Pokorni stated that the stairway encroachment totals approximately twenty-five square feet within the open space area and that he felt there is substantial open space, but not in the configuration called for by the Code. The stairway encroaches by three feet 6 inches with a length of approximately eleven feet into an area that measures at least thirty feet by fifteen feet. To redesign the stairway to meet the criteria of the Code requires moving the stairway eight feet to the west which would place the stairway within three feet of the west lot line rather than the five feet being proposed. The public hearing was closed by Chairman Kelly. Board discussion carried as to whether or not the applicant has a ,hardship as without the proposed addition the applicant has a rear yard setback of 35 ft. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-28 WAS GRANTED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. As existing dwelling has a fifteen foot front -yard setback, in lieu of ten foot required, had the developer constructed the applicant's home at the ten foot setback, the applicant would not have had to file a conditional 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 -3- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Four 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 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: - 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. AYES: Kelly, Vogelsang, Smith, Crosby NOES: Webb ABSTAIN: None BOARD MEMBER VOGELSANG LEFT MEETING. CONDITIONAL EXCEPTION NO. 82-30 AND CONDITIONAL EXCEPTION NO. 82-31 Applicant: Mr. John PusTkas Both requests were to permit a third story to encroach three (3) feet into the required 25 ft. setback with two locations - 505 - 13th Street and 507 - 13th Street, located in the Townlot Specific Plan Area. Staff introduced proposals and stated that these requests are Categorical Exempt, -Class. 5, California Environmental Quality Act, 1970. Chairman Kelly opened the public hearing with Mr. John Puskas -4- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Five builder for the project, present to speak in behalf of his applications. The public hearing, for both applications, were opened by Chairman Kelly. - Mr. Puskas introduced himself and informed the Board for his reason for having to apply for the conditional exceptions. He stated that the Code was amended wherein three (3) story buildings shall provide a twenty-five foot setback from the front property line for the third floor portion. He said that in late October, 1981, he went to the Building Department to discuss his proposed project with a member of the building staff. At that time, Mr. Puskas said he was informed that as his plans did not reflect a 25 ft. front yard setback required by the ordinance change to become effective on November 5, 1981, that his working drawings would have to be submitted into Plan Check by November 5, 1981, should he not wish to make the 25 ft. setback change to his plans.* The new ordinance changed the setback for front property lines for a third floor portion from 20-22 feet to 25 feet. On November 5, 1981, he said he did submit his working drawings into Plan Check and that he was not advised by the counter -person that the new ordinance had gone into affect and that his setbacks were incorrect. His working plans were returned to him in late November, 1981, by a different counter -person with minor corrections to be made. Again, nothing was said in regard to the incorrect setbacks and, it was not until the first week of December, that the setback change was brought to his attention. The applicant felt he was misinformed by staff. The Board Members felt that these applications should be tabled until later in the meeting, with the applicant's concurrence, allowing Staff Member Cooper (present) to obtain the exact date the applicant's working plans were submitted into Plan Check and the effective date of the Ordinance change. AXES: Webb, Kelly, Smith, Crosby NOES: None ABSTAIN: None Upon receipt of information, Chairman Kelly reopened the public hearings on Conditional Exceptions No..82-30 and No. 82-31. The information received revealed that the applicant did submit his -working drawings into Plan Check on November 5, 1981, but that the ordinance change became effective on November 4, 1981. The counter - person who accepted Mr. Puskas' working plans stated that the applicant was informed of the correct date of the ordinance change and, further stated, that the applicant was informed that modifications were still necessary to his plans in order for them to meet the building code requirements. -5- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Six The public hearing,for both applications was closed by Chairman Kelly. After a lengthy discussion, it was the consensus of all of the Board Members that should these applications be approved it would set a precedent. Further, the Board Members concurred there was no hardship related to the applicant's property. ON MOTION BY SMITH AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 82-30 WAS DENIED. ON MOTION BY WEBB AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-31 WAS DENIED, WITH REASONS FOR DENIAL AND VOTES FOLLOWING FOR BOTH APPLICATIONS: REASONS FOR DENIAL: Condition Exceptions No. 82-30 and No. 82-31 -vere denied by the Board of Zoning Adjustments based upon the following reasons: 1. There was no hardship relating to the property. 2. It would create a special privilege. 3. There was no unique characteristics which applied to the property. 4. The granting of this request for a five (5) ft. encroach- ment into the twenty-five (25) ft. setback for the third floor portion of applicant's building would set a precedent for all three-story applications applied for after Ordinance date change. 5. The applicant would be able to achieve a twenty-five (25) ft. setback for the third story of the dwelling units if the homes were set back further on the lot. This alternative would allow the applicant to comply with the Ordinance Code. AYES: Webb, Kelly, Smith, Crosby NOES: None ABSTAIN: None ABSENT: Vogelsang TENTATIVE PARCEL MAP NO. 82-560 Applicant: Business Properties To permit consolidation and resubdivision into nine parcels for a neighborhood shopping center. Proposed uses: Market, financial, drug store, and various retail shops. Property located on Warner Avenue - East side of Goldenwest (North side of Warner Avenue), zoned C-2, Community Business District. -6- - BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Seven Staff reviewed the history of the project and stated that the environmental analysis is covered under Negative Declaration No. 81-56. Mr. Joseph Walthour, Authorized Agent for Business Properties, and Mr. Harold D. Mc Clard, of Tait & Associates (consulting firm) were present to speak in behalf of this application. Mr. Walthour acknowledged receipt of and his concurrence with the Conditions of Approval. It was stated that the major reason for the resubdivision into nine parcels is for financial reasons. The applicant was informed that prior to recordation of'the final parcel map the CC&R's,by and between Business Properties and William Landis, will be reviewed and approved by staff. Conditions of Approval were discussed with the applicant. ON MOTION BY CROSBY AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 82- 560 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTES AS FOLLOWS: FINDINGS: 1. The proposed consolidation and resubdivision into nine (9) parcels for purposes of a commercial shopping center is in compliance with the size and shape of property necessary for that type of development. 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 "Community Business District" 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 USE OR OCCUPANCY OF SAID PARCELS FOR ANY -PURPOSE: 1. The tentative parcel map received by the Department of Development Services on May 11, 1982, shall be the approved layout. -7- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments ,Tune 16,' 1982 Paqe Fight 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder prior to occupancy. 3. Gol.denwest Street and Warner Avenue shall be dedicated to City standards. 4. All utilities shall be installed underground at the time said parcels are developed. 5. Compliance with all. applicable City Ordinances. 6. Thefloodcontrol channel shall be fenced with a masonry block wall, per City standards, at the time said parcels are developed. 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. The applicant shall record an instrument with the County Recorder, first to be approved by the Secretary of the Board and City Attorney, which provides for reciprocal parking and reciprocal easements for.the entire site. 9. The blue border on the map dated and received May 11, 1982, shall be extended to the center line of the street at Warner Avenue and Goldenwest Street. 10. The applicant shall dedicate vehicle access rights to the City of Huntington Beach except at locations approved by the City Engineer. 11. All Conditions of Approval imposed on Use Permit No. 81-46 shall be complied with. AYES: Crosby, Webb, Smith, Kelly NOES: None ABSTAIN: None ABSENT: Vogelsang TENTATTVE PARCEL MAP NO. 82-562 Ay 1p i_cant: Hartge Engineering Corporation To permit division of a 2.66 acre parcel into two (2) parcels. One parcel at 1.76 acres and the other at 0.90 acres. The property is located on Sampson Lane (West side of street) - Parcel No. 2. Toning is M-1 - Light Industrial District. -8- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Nine -Joseph Hartge, Civil Engineer, representing Hartge Engineering Corporation and Daniel R. Posilovich, Project Manager for Seaborg Construction, were both present to speak in favor of their application. Mr: Hartge acknowledged receipt of and his concurrence with the Conditions.of Approval. Upon the Board's review of the Tentative Parcel Map with the applicants, it was stated by Mr. Posilovich that the property is to be used for industrial condominiums and that vacant structures presently exist on the property which were not shown on the tentative parcel map submitted. After a lengthy discussion between the applicants and Board Members, it was felt by the Board that before action could be taken a revised tentative parcel map was necessary for review depicting curb cuts, location and number of parking spaces (with dimensions) provided on each parcel, reciprocal drive relative to both parcels, and landscaping. ON MOTION BY SMITH AND SECOND BY CROSBY, WITH THE APPLICANTS CON- CURRENCE, TENTATIVE PARCEL MAP NO. 82-562 WAS CONTINUED ONE WEEK, TO THE MEETING OF JUNE 23, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Smith, Crosby NOES: None ABSTAIN: None ABSENT: Vogelsang ADMINISTRATIVE REIVEW NO. 82-30 Applicant: The Kar Kare Company To permit a seasonal parking lot (City owned property) located on Pacific Coast between Second and Third Streets. Staff introduced proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. On June 7, 1982 Council approved and authorized execution of an agreement between Edward Bonnani, dba Kar Kare Company for the rental of City -owned property fronting the north side of Pacific Coast Highway between Second and Third Streets on a seasonal basis from May to December for the establishment of a parking lot. The applicant, Mr. Bonnani, addressed the.Board and stated that he felt the time - frame for rental of subject property would end one (1) week after Labor Day. Each condition for approval was discussed in depth with the applicant. -9- BZA 6/16/82 Minutes:"-- H.B.-Board.of Zoning Adjustments June 16, 1982 Page Ten ON MOTION BY SMITH AND SECOND BY WEBB, ADMINISTRATIVE REVIEW NO. 82-30 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: The conceptual plot plan received June 9, 1982, shall be the approved layout, subject to the following: 1. The seasonal parking lot shall be roped off for boundary designation. Materials to be used for the boundary designation shall be approved by the Secretary of the Board prior to use of the property. 2. The seasonal parking lot must be oiled or graveled in accordance with specifications on file with the Department of Public Works. 3. Parking stall dimensions and drive widths shall comply with the provisions of Article 979. 4. The site shall be maintained in a clean -condition, free of trash or debris. 5. The parking lot shall be physically secured during hours of nonuse to prevent overnight parking. 6. On -site signs shall not exceed twelve (12) square feet and shall be in accordance with the design established on the municipal parking lot at the pier, and shall not exceed ten (10) feet in height. 7. The conceptual plot plan received June 9, 1982, shall be approved by the City Engineer for interior circulation, ingressing and egressing. 8. Appropriate signs for the direction of traffic and parking shall be provided by the applicant. Said signs, location, and content to be as recommended by the Traffic Division of the Police Department. 9. A certificate of insurance in the amount of $1,000,000 shall be filed with the Finance Dept. five (5) days prior to use. AYES: Webb, Kelly, Smith, Crosby NOES: None ABSTAIN: None ABSENT: Vogelsang -10- BZA 6/16/82 Minutes: H.B. Board of Zoning Adjustments June 16, 1982 Page Eleven THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Florence Webb, Acting Secretary Board of Zoning Adjustments 1 -11- BZA 6/16/82