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HomeMy WebLinkAbout1982-08-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, AUGUST 25, 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: Spencer, Kelly, Vogelsang, Smith, Evans STAFF MEMBER PRESENT: Cooper MINUTES: ON MOTION BY SMITH AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETINGS OF JULY 21 and 28, 1982, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Vogelsang, Smith, Evans NOES: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-49 To permit: 1) room addition to encroach 7-1/2 feet into the required ten (10) foot rear yard setback and 2) fifty (50) square ft. reduction of the required recreational -open space. HEARD IN CONJUNCTION WITH USE PERMIT NO. 82-28 To permit an addition to a single family home with non -conforming yards. Applicant for both requests is Mr. Edward Key. Property is located at 902 Pecan. Chairman Kelly stated -that both requests are categorically exempt, Class. 5, California Environmental Quality Act, 1970. Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Two The public hearing, for both applications, was opened. Mr. Willidm Angell, Architectural Consultant for Mr. Key, addressed the Board. He stated that their proposal will allow for an additional bedroom, bath, den and closet to Mr. Key's existing home built in 1929. They�are'also proposingito extend the existing kitchen and dining facilities to accommodate their family size. Mr. Angell was under the impression when he designed the addition, that the rear yard`setback,for�this•particular area was at seven and one- half (7-1/2) feet. Acting Secretary Spencer informed the applicant that in the Townlot Area, rear yards for all main buildings shall have a minimum`setback"of ten (10) feet, except when a lot abuts an alley the minimum setback may be reduced to seven and one-half (7-1/2) feet. He further stated that garage setbacks, when access is taken' from­aw alley -in •the Townlot: Area, , shall i be ; at, seven and one-half (7-1/2) feet. Mr. Angell stated= that he ;also understood. that,,you can extend a building within the limits of existing setbacks upon approval of a Use Permit. He was informed that was correct. The proposed closet is encroaching into;the-applicant;'s,existing,rear,yard setback. He stated that when you are working with a 50+ft. x 62 ft. lot, it's very difficult to accommodate three bedrooms, two baths, and a den on a ground floor. The reduction of fifty (50) square feet of rec- reational open space, created by the proposed den addition, was discussed. The alternative for recreational open space, utilizing the front area by, constructing,a fence over 42 inches in height, was suggested. After discussion, it was felt by some of the Board Members that a fence, located in the front yard setback, would possibly allow for stacking of. automobiles or create more on - street parking. The den was considered as a trade-off for the recreational area. The public hearing was closed for both applications. It was felt by the Board Members that the proposed addition along the existing setback line was compatible with the surrounding area. It was determined by the Board that the applicant's lot has a unique configuration in that most of the lots in the Townlot Area are very narrow and are at least 115 feet in depth - double the length of Mr. Key's lot. It was noted that the applicant's plan meets the Code requirements for open space area, open space dimensions, and lot coverage. Board Member Smith motioned the imposed Conditions of Approval, with an additional condition that a fence be provided in the front yard setback allowing for recreational open space area. The motion lacked for a second. Considerable Board discussion ensued on the additional condition for recreational open space area. -2- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Three ON MOTION BY VOGELSANG AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 82-49, HEARD IN CONJUNCTION WITH USE PERMIT NO. 82-28, WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING FOR BOTH APPLICATIONS, BY THE FOLLOWING VOTES: CONDITIONAL EXCEPTION NO. 82-49 (heard in conjunction with U.P. No. 82-28) FINDINGS AND REASONS: 1. The granting of this Conditional Exception will not constitute a grant of a special.privilege inconsistent upon other properties in the vicinity as the lot in question is unique in shape and not taken into consideration at the time the Townlot Specific Plan was being enacted. 2. Because of special circumstances applicable to the subject property including size, shape and location, in that the lot is not a standard 25 foot by 115 foot but is more of a square configuration (roughly 50 foot by 62 foot), the strict application of the Townlot Specific Plan would deprive the subject property of privileges enjoyed by other properties in the vicinity. 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 August 2, 1982, shall be the approved layout, subject to the follow- ing: a. A determination shall be made by the building official if requested addition exceeds one-third (1/3) value of existing building. If so, corner right-of-way dedication shall be made to.Public Works requirements. 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; -3- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Four - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. AYES: Spencer, Vogelsang, Kelly NOES: Evans, Smith ABSTAIN: None USE PERMIT NO. 82-28 (Heard in conjunction with C.E. No. 82-49) 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 August 2, 1982, shall be the approved layout, subject to the follow- ing: a. A determination shall be made by the building official if requested addition exceeds one-third (1/3) value of existing building. If so, corner right-of-way dedication shall be made to Public Works requirements. 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: Spencer, Vogelsang, Kelly, Evans, Smith NOES: None ABSTAIN: None 1 -4- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August-25, 1982 Page Five CONDITIONAL EXCEPTION NO. 82-53 To permit a reduction in 1) rear yard setback from ten (10) feet to eight (8) feet, 2) open space dimension. HEARD IN CONJUNCTION WITH USE PERMIT NO. 82-29 To permit an addition along existing non -conforming sideyards. Applicant for both applications is Mr. Rafael H. Galceran. Property is located at 19011 Hillsboro. Chairman Kelly introduced the proposal and opened the public hearing. Mr. Rafael H. Galceran addressed the Board and stated his reasons for requesting the variances. He said his property is located at the end of a dead-end cul-de-sac causing his lot shape to be irregular. He mentioned that the curve of the public walkway in his front yard area, due to being located on a cul-de-sac, has placed his home further back on his lot than neighboring homes. The placement of his home in correlation with the sidewalk, drive- way, and street, leaves his front yard area unsuitable for building. He mentioned that his neighbors could accommodate his proposed addition without seeking a zoning exception. He mentioned that the Code classifies his property as a corner lot, even though no inter- section exists, requiring that he have a ten (10) foot exterior sideyard when his neighbors are only required to have a five (5) foot exterior sideyard. Mr. Galceran said he feels his existing floor plan lends itself perfectly for the proposed addition, without really compromising the open area. His rear yard will still total 1,339 sq.'ft. including one open area of 21' x 34-1/2' (726 sq. ft.) and another area of 14-1/2' x 42' (613 sq. ft.). He said most of their leisure and recreational activities take place in his front yard. The public hearing was closed, for both applications, by Chairman Kelly. Upon review of the applicant's plan, the Board Members felt that the proposed addition, although short 5.5 ft. in an open space dimension, would still leave a reasonable size recreational area in his rear yard. It was felt that if the proposed bedroom were cut down from thirteen (13) feet to eleven (11) feet in depth, allowing for a reasonable size bedroom, a two (2) foot encroachment into the applicant's rear yard setback would not be necessary. It was the concensus of all the Board Members that the proposed addition, less the two (2) foot encroachment into the applicant's rear yard, to be located within five and one-half (5-1/2) feet of an existing six (6) foot high arterial (Garfield Avenue) highway -5- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Six separation wall, would be compatible with the surrounding area. ON MOTION BY SMITH AND SECOND BY SPENCER,- CONDITIONAL EXCEPTION NO, 82-53 AND'USE PERMIT NO. 82-29 WERE APPROVED WITH'REASONS, FINDINGS AND CONDITIONS OF APPROVAL AS OUTLINED BELOW, BY VOTES AS FOLLOWS: CONDITIONAL EXCEPTION NO. 82-53 REASONS FOR DENIAL OF REQUESTED TWO FOOT REDUCTION IN REAR YARD SETBACK: 1. Said encroachment was found'to constitute a grant of special privilege by not keeping within'the integrity,of neighboring residential properties. 2. Proposed addition can be redesigned as to accommodate all of applicant's present and future needs. REASONS AND FINDINGS FOR APPROVAL OF OPEN SPACE DIMENSION 1. Base zoning districts (R=1)-open`space regulation' -requires subject parcel to provide a minimum open space area of nine hundred (900) square feet within the rear two-thirds (2/3). Also, these regulations require that a minimum dimension be provided for said open space of twenty (20) feet. Subject proposal would leave an area of approximately'1,170 square feet within the rear two-thirds (2/3) with an area of approximately 725 square feet meeting the dimensional require- ments and an adjoining area of approximately 445 square feet having the dimension of 14'.5'feet, short 5.5 feet, but still leaving a reasonable size recreational area. 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, and location, 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 -6- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Seven 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 August 12, 1982, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board showing revision to rear yard 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. AYES: Smith, Spencer, Kelly, Evans NOES: Vogelsang ABSTAIN: None USE PERMIT NO. 82-29 (HEARD IN CONJUNCTION WITH C.E. NO. 82-53) REASON AND FINDINGS: 1. Base zoning districts (R-1) open space regulation requires subject parcel to provide a minimum open space area of nine hundred (900) square feet within the rear two-thirds (2/3). Also, these regulations require that a minimum dimension be provided for said open space of twenty (20) feet. Subject proposal would leave an area of approximately 1,170 square feet within the rear two-thirds (2/3) with an area of approximately 725 square feet meeting the dimensional require- ments and an adjoining area of approximately 445 square feet having the dimension of 14.5 feet, short 5.5 feet, but still leaving a reasonable sized recreational area. 2. 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. 3. The granting of a use permit will not adversely affect the General Plan of the City of Huntington Beach. 4. The proposal is consistent with the City's General Plan of Land Use. -7- BZA 8/25/82 Minutes: H.B. Board of Zoning Adjustments August 25, 1982 Page Eight CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received August 12, 1982, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board showing revision to rear yard 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. , , In its approval action on both applications,, the Board:of Zoning Adjustments considered the following issues relating to the con- ceptual 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: Spencer, Smith, Evans, Vogelsang, Kelly NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. WesP. Spence , Acting Secretary Zoning djustments -8- BZA 8/25/82