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HomeMy WebLinkAbout1982-07-07MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JULY 7, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Kelly, Smith, Evans, Vogelsang STAFF PRESENT: Cooper, Zelefsky MINUTES: ON MOTION BY WEBB AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Smith, Vogelsang NOES: None ABSTAIN: Evans ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-20 (Con't. from 6/16/82) Applicant: Loretta Wolfe To permit a reduction in required private recreation open space from 628 sq. ft. to 210 sq. ft. and 55% lot coverage in lieu of the code permitted 50%. Property located at 411 - 6th Street. Staff introduced the proposal and reiterated the reason for con- tinuance of this conditional exception from the meeting of June 16, 1982. It was stated that on Mrs. Wolfe's original application many variances to her property were requested. As there was no hardship related to her property, with other alter- natives available, Mrs. Wolfe agreed to meet with Planning staff to see if possibly by modifying her plan, a compromise could be reached whereby the applicant would be satisfied and the intent of the Code met. Chairman Kelly opened the public hearing with Mrs. Wolfe present to speak in favor of her application. Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 2 Chairman Kelly informed the applicant, as well as others present requesting Conditional Exceptions and a Use Permit, of guidelines necessary whereby allowing the Board to grant these types of applications provided that in so doing, the general purpose of the Ordinance Code is not affected. Mrs. Wolfe addressed the Board and restated her frustrations with the parking situation in her area (Townlot) created by the church/school a couple doors away from her residence with no parking lot, people visiting the beach, etc. She further cited other homes in her immediate vicinity which appeared to have a reduction in their private recreation open space. The Board explained to Mrs. Wolfe that possibly the sites in question had other private recreation open space areas which she may not have included in her calculations and, should any developer or other applicant appear before the Board of Zoning Adjustments, they also would have to comply with the requirements of the Ordinance Code. There being no one else present to speak in favor or opposition of this request, the public hearing was closed. Upon the Board's review of the revised site plan, which eliminated several variances from Mrs. Wolfe's original request, the Board Members could not justify the extra length of the proposed garage, with an addition above, when the applicant could still have a garage, with an addition above, and comply with the Ordinance Code. ON MOTION BY WEBB AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-20 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. No hardship was demonstrated. 2. Addition would impact the neighborhood. 3. The applicant could comply with the Ordinance Code if the proposed garage was reduced in length from 35 feet to a standard garage length of 20 feet. AYES: Webb, Kelly, Vogelsang, Smith, Evans NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 82-561 Applicant: Pacific Design & Development, c/o Jim Hamel To permit a 16-parcel division of Industrial property located on the east side of Gothard Street, approx. 790 feet south of Heil Avenue. -2- BZA 7/7/82 Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 3 Staff introduced the proposal with Mr. James J. Brennan, Civil Engineer for the project and Mr. Dennis Richardson, Authorized Agent for Pacific Design & Development, present to speak in favor of this application. Ken Richardson acknowledged receipt of and concurrence with the Conditions for approval. He stated that the property is fully developed with all -'improvements completed and that there are no public areas or restrictive covenants proposed. Mr. Richardson stated that at the present time there are no tenants. The applicant was informed, upon the Board's review of the Tentative Parcel Map, that all the buildings must be fire sprinklered and that a maximum of ten (10) ft. from a window or door to the new property line must be maintained on all parcels. The Board stated their satisfaction with the landscaping and parking requirements for the individual parcels but stated that a reciprocal drive agreement for joint use was necessary as outlined in the following conditions of approval. ON MOTION BY SMITH AND SECOND BY WEBB, TENTATIVE PARCEL MAP NO. 82-561 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of one (1) parcel creating sixteen (16) parcels for purposes of Industrial use 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 Light Manufacturing District, allowing for the construction of industrial buildings to be placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement -features of the subdivision are 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 UNLESS OTHERWISE STATED: -3- BZA 7/7/82 Minutes; H.B. Board of Zoning Adjustments July 7, 1982 Page 4 1. The tentative parcel map received by the Department of Development Services on May 26, 1982, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Compliance with all applicable City Ordinances. 4. A copy of the,recorded parcel map shall be filed with the Department of Development Services. 5. A copy of the CC&R's shall be submitted to the Secretary of the Board and City Attorney for review and approval prior to recordation of the final parcel map. 6. The applicant shall record a document with the Orange County Recorder's office, providing reciprocal drives for ingress and egress across adjacent properties and allow for joint use of parking. A copy of this agreement shall be approved by the Secretary of the Board and City Attorney prior to recordation of the final map. AYES: Webb, Kelly, Vogelsang, Smith, Evans NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-35 Applicant: Mr. Gene N. Hill To permit reduction of front yard setback from fifteen (15) feet to 11.5 feet. Property located at 17065 Marina Bay Drive. Staff introduced the proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Chairman Kelly opened the public hearing. Mr. Gene Hill introduced himself to the Board. He stated that he had purchased a home with an "unfinished" bonus room above his side - entry garage built by the developer (John D. Lusk). When Mr. Hill applied for a building permit to complete the "unfinished" bonus room to make it habitable, he was informed that the front yard setback, per Code, is measured from the front property line to the residence and as the proposal over his side entry garage will change his front yard setback, a variance is required for the 3-1/2 foot reduction. The applicant described the layout of his home on his property, located on a cul-de-sac at a tangent point. -4- BZA 7/7/82 Minutes; H.B. Board of Zoning Adjustments July 7, 1982 Page 5 The public hearing was closed by Chairman Kelly with no one else present to speak in favor or opposition of this request. It was the consensus of the Board Members upon review of the applicant's site plan,that a hardship did exist created by the irregular shape and location of the applicant's lot. ON MOTION BY WEBB AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-35 WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. The applicant's lot has a unique configuration and is located on a cul-de-sac. 2. Reduction of 3-1/2 feet into applicant's front yard setback is minimal. 3. Completion of the existing unfinished "bonus room" as originally constructed by the contractor over the applicant's garage 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, 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 classifica- tions. 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 June 17, 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; -5- 1 BZA 7/7/82 Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 6 AYES: Webb, Kelly, Vogelsang, Smith, Evans NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-32 (In conjunction with U.P. No. 82-20) To permit a direct entry garage setback of four- (4) feet in lieu of 22 feet. AND USE PERMIT NO. 82-20 (In conjunction with C.E. No. 82-32) To permit an addition to a non -conforming single family dwelling. Applicants for both applications are Marc & Teri Wilson. Location for both applications is at 1019 Huntington Street, located in the Oldtown Specific Plan. Both applications are Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Staff introduced both proposals with the applicants, Marc & Teri Wilson, present to speak in favor of their proposals. Chairman Kelly opened the public hearing for both applications. Mr. Wilson addressed the Board. He stated that they are proposing to add a second story addition to their non -conforming single family dwelling. Presently they do not have a garage, which is also being proposed. Mr. Wilson said that in 1935 his lot was subdivided in half from one large parcel which caused his lot to be substantially smaller in size than most lots in his area - 54 ft. x 75 ft. He further stated that the enjoyment of the existing open space area would be severely limited if the 22 ft. garage setback requirement was met. The public hearing, for both applications, was closed by Chairman Kelly. Discussion between the applicant and the Board Members carried on setbacks. The applicant concurred with the Board Members that to have a five (5) foot garage setback in lieu of four (4) foot shown on the applicants plan submitted would still allow him adequate open space area in his rear yard wherein he would be meeting the Code requirement for a sideyard setback. The necessity'of an electrical garage door opener was explained to the applicants. -6- BZA 7/7/82 Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 7 The applicants were informed that ten (10) feet is necessary for the planter and concrete walk on Huntington Avenue in the public right-of-way as outlined in the Conditions of Approval. ON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 82-32 (IN CONJUNCTION WITH USE PERMIT NO. 82-20) WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS OF APPROVAL IMPOSED FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. The size of the applicants lot has created their hardship. 2. The addition of a garage to a non -conforming residential lot - legally subdivided in 1935 will not constitute a grant of a special privilege inconsistent upon 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 and elevations received June 1, 1982, shall be the approved layout subject to the following: a. A revised plan shall be submitted to the Secretary of the Board for review and approval showing a ten (10) ft. concrete walk and parkway on Knoxville St. connecting to concrete walk on -Huntington Avenue meeting Public Works specifications. The revised plan shall reflect a five (5) foot planter and a five (5) foot concrete walk on Huntington Avenue in the public right-of-way.as opposed to nine.(9) feet as indicated on the plan submitted. b. Revised plan shall depict a five (5) foot garage setback. 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. -7- BZA 7/7/82 Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 8 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 applicants shall install an electrical garage door opener. 2. All requirements of the Uniform Building Code shall be met. AYES: Webb, Kelly, Smith, Evans, Vogelsang NOES: None ABSTAIN: None ON MOTION BY SMITH AND SECOND BY WEBB, USE PERMIT NO. 82-20 (IN CONJUNCTION WITH C.E. NO. 82-32) WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE FOLLOWING: 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. The conceptual plot plan and elevations received June 1, 1982, shall be the approved layout subject to the following: a. A revised plan shall be submitted to the Secretary -8- BZA 7/7/82 1 Minutes: H.B. Board of Zoning Adjustments July 7, 1982 Page 9 of the Board for review and approval showing a ten (10) ft. concrete walk and planter -area on Knoxville St. connecting to concrete walk on Huntington Avenue meeting Public Works specifications. The revised plan shall reflect a five (5) foot planter and a five (5) foot concrete walk on Huntington Avenue in the public right-of-way as opposed to nine (9) feet as indicated on the plan submitted. b. The revised plan shall reflect a five (5) foot garage setback. If such plan complies with the modifications outlined by the Board, sdid 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: Webb, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Florence Webb, Acting Secretary Board of Zoning Adjustments -9- BZA 7/7/82