Loading...
HomeMy WebLinkAbout1982-07-21MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JULY 21, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Evans, Vogelsang, Smith BOARD MEMBER ABSENT: Kelly STAFF MEMBER PRESENT: Zelefsky MINUTES: ON MOTION BY SMITH AND SECOND BY VOGELSANG, THE MINUTES OF THE REGULAR MEETING OF JUNE 16, 1982, WERE APPROVED AS TRANSCRIBED,, BY THE FOLLOWING VOTE: AYES: Webb, Vogelsang, Smith NOES: None ABSTAIN: Evans ABSENT: Kelly REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-39 Applicant: James E. Neal, General Partner To permit a 218" encroachment into a 10 ft. rear yard setback. Property located at 4802 and 4822 Hideout Circle, zoned R-2, Two -Family Residence District. Acting Chairman Evans 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. Staff outlined the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. It was stated that on April 7, 1982, a conditional exception (No. 82-9) was approved permitting a 318" encroachment into the front yard setback Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Two of side entry garage for subject property. -At that time, the plan did indicate the encroachment of 248" into the applicant's rear yard setback but was not requested on Mr. Neal's application nor advertised. -The applicant also appeared before the BZA on June 23, 1982, with a tentative parcel map (No. 82-559) for this property which approved consolidation of the five (5) existing small lots into one (1) parcel. Acting Chairman Evans opened the public hearing. Mr. James Neal, General Partner of Sunset -Orange Partnership, addressed the Board. When they purchased the property.a few years ago, they originally contemplated building a triplex but had difficulties in meeting the access requirements of the Fire Department along the private alley. A Precise Plan of Street Alignment was approved allowing for three (3) new. streets in this particular area which created subject lot to become substandard in size. He said that because of -the odd shaped configuration of the lot, they have had a very difficult time in trying to design salable livable units while at the same time enhancing the neighborhood. He urged approval of the 218" encroachment into the rear yard setback allowing the dining room area for both units to be enlarged. The Board expressed concern because a hammerhead at the end of the cul-de-sac was not reflected on the plan. George Tindall, Engineer for the project, informed the -Board that they have received approval on the plan from Public Works and the Fire Department. He further stated that the Fire Department did not require the hammerhead. Mike Mc Mahan, adjacent property owner, stated that he felt the applicant should conform with the zoning ordinance and the encroach- ment should not be granted. Jess Mc Mahan, property owner in back of Mr. Neal's property, questioned the Board as to whether or not if he applied for a variance for an encroachment in his rear yard would it be approved. The public hearing was closed. Board discussion ensued. Board Member Smith motioned that Conditional Exception No. 82-39 be approved as the gubject lot is substandard in size (38 ft. wide by 125 ft. in length) created by the Precise Plan of Street Alignment, with a private street as the only means of access onto the property. The motion failed for lack of a second. -2- BZA 7/21/82 1 L' Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Three ON MOTION BY WEBB AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 82-39 WAS DENIED WITH REASONS FOLLOWING, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: Conditional Exception No. 82-39 was denied by the Board of Zoning Adjustments based upon the following reasons: 1. The applicant can modify the design of his building on the property allowing compliance with the Ordinance Code. 2. No hardship was demonstrated. 3. The proposed layout of the building would impact the property to the rear because the 218" encroachment would place the proposed apartment within 714"from the property line. 4. It would create a special privilege inconsistent with past actions by the Board of Zoning Adjustments. AYES: Webb, Evans, Vogelsang NOES: Smith ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-40 Applicant: Mr. Daniel E. Kafer To permit a reduction in parking. Property located at 16912 Bolsa Chica Road. Staff outlined the proposal and stated that this request is categorically Exemp?t, Class. 5, California Environmental Quality Act, 1970. Acting Chairman Evans opened the public hearing., Mr. Daniel E. Kafer, proprietor of Daniel's Salon, addressed the Board. He informed the Board that presently he has an established business located on Warner Avenue in Huntington Beach. He said they currently occupy a building with 1,500 sq. ft. which is*not enough space to effectively serve their growing clientele. The office building he is considering leasing for his saion.consists.of 2,871 sq. ft. which has an entitlement -of ten parking spaces. He stated that the center which he is proposing to relocate to was conceived as a mixed use - retail and office development of two buildings: an 8,000 sq. ft. retail building and a 6,000 sq. ft. office building. Current parking for the center is the code required sixty -spaces determined by the respective size of the retail and office facilities. Mr. Kafer aorlducted a parking analysis. He said the parking demand under the most extreme circumstances is approximately half of the forty spaces provided for the retail uses. This figure does not include any of the twenty spaces provided and required for the office building. Because Daniel's Salon is an established business, with established hours, operating on an appointment basis, he felt it was possible to make predictions about -3- BZA 7/21/82 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Four his parking demand which would be pure guesswork for an entirely new operation. Taking into account the increased size and number of stations certainly business and his parking demand would increase, however, even during peak times they should not exceed approximately twenty spaces. There being no one -else present to speak in favor or opposition of this proposal, the public hearing was closed. The Board discussed the parking requirements.. Beauty salons require a parking ratio of 3 spaces per salon chair. The applicants floor plan calls out ten chairs with one booth allowed for facials, make-up bar, nails, and chemical services. With the exception of the ten chairs, the booths were determined by staff to require one parking space each. The total parking requirement for the proposed salon is thirty-four parking spaces per Code. The exact request is for a reduction of twenty-four parking spaces. It was stated that a field inspection of the proposed site revealed poor circulation within the center. The Board Members could not justify the applicant's request for such a large reduction in parking spaces. ON MOTION BY VOGELSANG AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 82-40 WAS DENIED WITH REASONS AS FOLLOWS, BY THE FOLLOWING VOTE: 1. No hardship was demonstrated. 2. Approval would grant a special privilege as no conditional circum- stances were shown, such as, size, shape or topography applicable to subject property. 3. The granting of Conditional Exception No. 82-40, allowing for the reduction of twenty-four (24) parking spaces would adversely affect the General Plan of the City of Huntington Beach. AYES: Webb, Evans, Smith, Vogelsang NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82--31 Applicant: Mr. Uluc Davasligil A.I.A. To permit remodeling of an existing self -serve station (i.e. close in overhead doors w/sheet metal, revise sales area). Station located at 15501 Edwards - Southeast corner. -4- BZA 7/21/82 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Five Staff introduced the proposal and stated that the Board was in receipt of a letter dated July 14, 1982, from Economy Oil Company stating that -the cost of the proposed modernization of the existing service station site will be seven (7) percent of the total rebuild of the site. Mr. David Bullen, A.I.A.. for the project, addressed the Board and stated that he is a partner of Mr. Uluc Davasligil's, an architectural firm. The applicant explained the proposed remodeling program. He stated that all the Gulf Stations, in California, were purchased by Economy Oil. They wish to move the presently projected shell back,making it flush with the service bay area, which they intend to close. There will be no service.bay work rendered, restricting the station's use -to dispensing of gasoline and selling of auto related parts. The station will be repainted with a minor change to the two restrooms allowing one for unisex with the interior rest - room for use by the employee. They are proposing to enclose the front with a bullet-proof glass window and have the transaction drawer tucked in flush with the building. It will be a walk-up and pay type with updated dispensers. Discussion carried on about the roof -top mechanical equipment,specifi- cally, the Hasselman System which meets the standards of the State and Federal Air Pollution Control, which has a vapor recovery burner which burns off 99% of vapors released. Landscaping was discussed at great length. When the site was originally developed the landscaping requirement was three (3) percent of the total site. The applicant was informed that additional land- scaping is required to meet today's code requirement of ten (10) percent. The applicant stated,that he is not opposed to landscaping but he felt ten percent of the total site would cut down circulation on the property. The Board felt, upon review of the applicant's plan, that there were areas which could be expanded allowing landscaping to satisfy the requirements,of the Code. The applicant was informed that -the services of the Planning Staff was available to him should he need assistance meeting the Code requirement for landscaping. ON MOTION BY SMITH AND SECOND BY WEBB, ADMINISTRATIVE REVIEW NO. 82-31 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, WITH VOTES AS FOLLOWS: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan'and elevations received June 24, 1982, shall be the approved layout subject to the following: a. A landscape -and irrigation plan shall be submitted to the Secretary of the Board for review and approval. -5- BZA 7/21/82 Minutest H.B, Board of Zoning Adjustments July 21, 1982 Page Six b. Photographs depicting proposed colors and materials to'be used shall be submitted to the Secretary of the Board for review and approval. If above plan and photos comply with the modifications outlined by the Board, said plan and photos shall be 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. B. General Condition: 1. The site shall be restricted to the servicing of automobiles and sale of automobile related products. A "Mini -Market" shall not be permitted without the approval of a Conditional Use Permit by the Planning Commission. AYES: Webb, Evans, Vogelsang, Smith NOES: None ABSTAIN• None USE PERMIT NO. 82-22 Applicant: Donald W. & Catherine H. Mac Leod To permit an addition to a residence on property with a non -conforming yard, located at 712 Delaware Street (Oldtown Specific Plan). Staff outlined the request and stated that a field inspection revealed that over the applicants garage there is an existing structure which appears could be used for habitable purposes. It was stated that its use is unknown. This structure over the garage was not shown on the plans submitted by the applicants. Staff stated that the Code requirement for site areas of less than 6,000 square feet, the maximum number of units permitted is one (1) dwelling unit. It was further stated that for this property, an income unit is pro- hibited and that parking would be inadequate. Staff was unable to locate a record of a building permit having been issued for this structure. Acting Chairman Evans opened the public hearing allowing those in favor of the proposal to speak first. -6- BZA 7/2.1/82 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Seven Mr. and Mrs. -Donald Mac Leod were present. Mrs. Mac Leod introduced herself to the Board and commented on the structure over the garage. She stated that the reason staff was unable to locate a copy of the building permit was that many files of the 1940's and early 1950's were destroyed by a fire. She said her building permit is No. 2424, and that the property has been -paying assessments on the addition of the double car garage and studio structure since it was built. Mrs. Mac Leod said they purchased the property five years ago when it was zoned R-2 property which has since been changed by City Council to Oldtown Specific Plan. She stated that they have never rented the studio nor do they have a desire to do so. They need space badly. They presently have one bedroom and they need two bedrooms so that her husband can have a bedroom in the same house. She intends to use the studio for her antique dolls. She stated that the proposed addition of 451 square feet will be livable space on the ground floor with a change to the'roofline. Mrs. Mac Leod was questioned by the Board as to the stairway shown into the attic. Mrs. Mac Leod stated that a person cannot stand up straight in the attic and that the addition to the roofline is only to carry through the aesthetics of their unique little home along with ventilation. Mr. Mac Leod stated that if the Board has an objection to the windows shown in the proposed roofline, possibly they could be replaced with skylights. Discussion carried on between the Board and Mr. and Mrs. Mac Leod on the City's Enhancement'Program which granted approval for their deferred loan for their proposed addition There being no one else present to speak in favor or opposition of this request, the public hearing was closed by Acting Chairman Evans. Board discussion carried on concerning possible dedication to the alley, rear yard setback, existing structure over the garage exceeding fifteen (15) feet in height, habitable floor space, open space, and lot coverage. It was felt by the Board that action could not be taken until many concerns were resolved. The applicants agreed to meet with staff to review their plans. It was also felt by the Board Members that possibly the application may have to be heard by resolution to the Planning Commission through a conditional exception application. ON MOTION BY SMITH AND SECOND BY WEBB, USE PERMIT NO. 82-22 WAS CONTINUED TWO WEEKS, TO THE MEETING OF AUGUST 4, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Evans, Vogelsang, Smith NOES: None ABSTAIN: None -7� BZA 7/21/82 Minutes: H.B, Board of Zoning Adjustments July 21, 1982 Page Eight CONDITIONAL EXCEPTION NO. 82-41 To permit a reduction of two (2) parking spaces IN CONJUNCTION WITH ADMINISTRATIVE REVIEW NO. 82-34 To permit a 10 ft. x 31 ft. concrete mat and sump with cover as an addition to existing building. Location for above applications is 5770 Research Drive. Staff introduced both proposals and stated they are both Cat- egorically Exempt, Class. 1, California Environmental Quality Act, 1970. Acting Chairman Evans opened the public hearing for Conditional Exception No. 82-41 also heard in conjunction with Administrative Review No. 82-34. Mr, Jim Templeton, representing SII Servco, was present to speak in favor of this application. He stated that in order to construct a concrete matland filter' -.sump with cover and a truck well they will have to eliminate two of the required twenty-three parking spaces. They have talked -to the owners of the building and have reached an agreement whereby, should they terminate their lease, the two parking spaces will be replaced. He stated that they have five (5) employees total, with two being the owners who visit the site approximately two times.a week. He said they have twice as much parking as they need. The two parking spaces are to be removed from the southwest side of their building. The filter sump is used for pressure washing of oil field tools and the truck well, located in the inside of the building, is where the tools will be loaded, by a forklift, for return to their clients. He stated that the tools are partially cleaned at -the oil rigs. The filter sump is a vacuum type, which ties into'the sewer outfall after being filtered. It was state& that when permits are issued for construction, measures are taken to insure that,the filter sump meets all City and Orange County Sanitation District requirements, preventing oil -and -:,other chemicals from going into the sewer system. The public hearing was closed by Acting Chairman Evans. Conditions of Approval were discussed. ON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-41 (In conjunction with A.R. No. 82-34) WAS APPROVED WITH -8- BZA 7/21/82 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Nine FINDINGS, REASONS, AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS AND REASONS: 1. The filter sump is necessary for the operation.of the applicant's business. 2. As the filter sump must be installed outside, the only space available is in the parking area creating the reduction of two,(2) parking spaces, which will not impact the parking on site. 3. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of a conditional exception is necessary in order to preserve one or more substantial property rights. 5. 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 July 12, 1982, shall be the approved layout, subject to the following: 1. Prior to issuance of building permits, a letter from the owner of the building shall be submitted to the Secretary of the Board stating that upon terminate of the applicant's lease, the filter sump shall be removed and the two (2) parking spaces restored. Should the need continue for the filter sump upon termination of the applicant's lease, the owner shall come before the Board of Zoning Adjustments to request another entitlement for continued use. 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 immedaite vicinity; - Past administrative action regarding this property. AYES: Evans, Vogelsang, Smith NOES: Webb ABSTAIN: None -9- BZA 7/21/82 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Ten ON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 82-34 (In conjunction with C.E. No. 82-41) WAS APPROVED BY THE FOLLOWING CONDITIONS FOR APPROVAL, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: The conceptual --plot plan received July 12, 1982 shall be the approved layout, subject to the following: 1. Prior.to issuance of building permits, a letter from the owner of the building shall be submitted to the Secretary of the Board stating -that upon termination of the applicant's lease, the filter sump shall be removed and the two (2) parking spaces restored. Should the need continue for the filter sump upon termination of the applicant's lease, the owner shall come before the Board of Zoning Adjustments to request another entitlement for continued use. 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: Webb, Evans, Vogelsang, Smith NOES: None ABSTAIN: None MISCELLANEOUS ITEMS: Approval and adoption of By -Laws for the Board of Zoning Adjustments. ON MOTION BY SMITH AND SECOND BY WEBB, BY-LAWS (COPY ATTACHED) WERE APPROVED AND ADOPTED, BY THE FOLLOWING VOTE: AYES: Smith, Webb, Vogelsang, Evans NOES: None ABSTAIN: None -10- BZA 7/21/82 1 Minutes: H.B. Board of Zoning Adjustments July 21, 1982 Page Eleven ADMINISTRATIVE REVIEW NO.;$2-16 AND ADMINISTRATIVE REVIEW NO. 82-17 Applicant for both applications: U. S. Rentals, Inc. ON MOTION BY SMITH AND SECOND BY VOGELSANG, DATE CHANGE FROM JULY 24, 1982 TO SEPTEMBER 18, 1982 FOR PUBLIC AUCTION TO BE HELD AT 7661 WARNER AVENUE, WITH PARKING AT 17101 NICHOLS STREET, WAS APPROVED BY THE FOLLOWING VOTES: AYES: Smith, Vogelsang, Webb, Evans NOES: None ABSTAIN: None THEIR BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Florence Webb,.Acting Secretary Board of Zoning Adjustments Attachment: By -Laws -11- BZA 7/21/82 BOARD OF ZONING ADJUSTMENTS CITY OF HUNTINGTON BEACH Section 1. Title. Pursuant to Article 981 of the Huntington Beach Ordinance Code the official title of this Board shall be "Board of Zoning Adjustments" which may also be referred to as the "Board". Section 2. Officers. The officers of this Board shall be a Chairman and Vice -Chairman who shall be elected by majority vote of the Board. They shall hold office for a period of one year or until their successors are elected. To fill a vacancy in the unexpired term of Chairman or Vice -Chairman, a member of the Board shall be elected for such unexpired term. An election of officers shall be held at the last meeting in December of each year and the elected Chairman and Vice -Chairman shall assume office at the first meeting in January of each year. No person shall occupy the office of Chairman or Vice -Chairman for more than two consecutive terms. In addition, there shall be a Secretary of the Board. This office shall be incumbent upon the Director of the Planning Department or a member of said Department appointed by the Director. The Secretary may or may not be the voting member. Section 3. Duties of the Chairman and Vice -Chairman. The Chairman shall preside at the meetings of the Board and in case of his absence or inability to act, the Vice -Chairman shall act. In the absence of both the Chairman and Vice -Chairman, •the Board shall appoint a Chairman pro tempore who shall serve only until such time as the Chairman or Vice -Chairman returns and is able to act. During this period of time the Chairman pro tempore shall have all the powers and duties of the Chairman or Vice -Chairman. The Chairman shall have the power to make or second any motion and to present and discuss any matters notwithstanding the fact that he is the presiding officer of the Board. Section 4. Duties -of the Secretary. It shall be the duty of the Secretary to keep a full and true record of -all proceedings of the Board, schedule matters for hearing and consideration by the Board, notify members of meetings and perform such other duties required by statute, law or the Board. Section 5. Advisors. The Chairman may, with the consent of the Board, request the attendance, at Board meetings of any officer or employee of the City to assist the Board in its deliberations. Section 6. Meetings. All meetings of the Board during which formal action is.taken shall be open and public. Regular meetings shall be held on Wednesday of each week at 1:30 P.M. in the Board of Zoning Adjustments' Conference Room. A regular meeting may be adjourned .to a date certain which shall be specified in the order of adjournment and when so adjourned shall be a regular meeting for all purposes. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a regular meeting for all purposes. In the event a regular meeting date falls on a legal holiday, such meeting date shall be deemed to be the day following such holiday. Special meetings may be called by the Chairman or, in his absence, by the Vice -Chairman through written notice delivered personally to each member at least three hours before the specified time of the proposed meeting. At any special meeting the power of the Board to transact business shall be limited to the matters specified in such written notice. Section 7. Attendance. Regular attendance at meetings of the Board is required of all members to enable the Board to discharge the duties imposed upon it by law. Section 8. Quorum.. At any meeting of the Board, three members of the Board shall constitute a quorum for the transaction of business. At least three affirmative votes shall be required to approve any application. In the event there is no quorum ,at a Board meeting, the Secretary shall adjourn such meeting or adjourn to a date certain. Section 9. Order of Business. The order of business for regular or special meetings shall be: 1. Call to order by the Chairman. 2. Consideration of matters on the agenda prepared by the Secretary. 3. Any other business which may properly come before the Board. Section 10. Parliamentary Procedure. The Parliamentary Rules laid down in "Roberts Rules of Order" shall in general govern the proceedings of this Board, but the Chairman shall decide all questions of order subject to appeal by the Board and all such appeals, shall be decided by a majority of the members present. The Chairman shall vote on all matters coming before the Board whether there is a tie vote or not. No member may vote at a meeting by proxy or by any method other than being personally present and casting his vote. A Board member may designate an alternate to represent him/her in the event of his/her absence. Said alternate It 1 shall be vested with the same voting power as the Board member. Every member shall give his vote on all questions brought to vote. Every member present who does not properly disqualify himself and who remains silent and fails to record 'a vocal vote on any question brought to a vote shall have his vote recorded as an affirmative or aye vote.' Any member present who deems himself disqualified for any reason to vote upon any question may so declare himself as disqualified. Said member shall state his reasons for disqualification if called upon by a member of the Board. Any such member who has so disqualified himself shall have that fact shown in.the minutes of the meeting and shall not be required to vote upon the question on which he has -disqualified himself. His failure to vote shall be recorded as neither an aye or nay vote. In the event a member disqualifies himself from voting, and if only three members are present, the remaining two members shall constitute a quorum notwithstanding the provisions of Section 8. .1 Section 11. Changes in By -Laws. A majority vote of all members entitled to vote shall be required to amend these by-laws. Copies of a proposed amendment shall be given to each member at a regular meeting or shall be mailed to each member at least 5 days prior to a meeting. Section 12. Adoption. Approved and adopted as the By -Laws of ,the Board of Zoning Adjustments of the City of Huntington Beach this 21st day of July , 19823 by the following roll call vote: AYES: Webb, Evans, Vogelsang, Smith NOES: None ABSENT: Kelly 1