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Home My WebLink About1982-09-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, SEPTEMBER 1., 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: Spencer, Evans, Vogelsang BOARD MEMBERS ABSENT: Kelly, Smith MINUTES: ON MOTION BY SPENCER AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF AUGUST 4, 1982, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Spencer, Evans, Vogelsang NOES: None ABSENT: Smith ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-54 Applicant: J. Don Hartfelder, A.I.A. To permit a two (2) foot encroachment into the required twenty- two (22) ft. garage setback. Property located at 17071 Bolero Lane. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 3, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the applicant's request. He stated that the applicant's tract was constructed in 1963 at which time the Code requirement was at twenty (20) feet for a front -on garage in lieu of our present Code requirement of twenty-two (22) ft. Minutes: H.B. Board of Zoning Adjustments September 1, 1982 Page Two Acting Secretary Spencer further stated that in the applicant's tract (No. 5264), front -on garages having twenty (20) foot garage setback is consistent throughout the island. The public hearing was opened by Acting Chairman Evans. Mr. Don Hartfelder addressed the Board. He stated that the subject lot is irregular in shape and has a curved front property line due to its location at the intersection of Bolero Land. and Sirius Drive. The property is one of two remaining vacant lots on Daven- port Island. He said that due to the irregular shape of the lot, it is necessary to set the garage at 20 feet from the front property line in order to obtain the best use of the lot both from its orientation and visual impact. The public hearing was closed. The plan submitted to the Board by the applicant was discussed. It was the consensus of all of the Board Members that in addition to the applicant having an irregular shaped lot creating his hard- ship, his request should be granted allowing parity with the rest of the neighborhood. ON MOTION BY EVANS AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 82-54 WAS APPROVED WITH REASON, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASON: 1. Subject property is located within a tract (No. 5264) created in 1963 having direct entry garages constructed at an earlier allowable setback of twenty (20) feet. FINDINGS: 1. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity. 2. Because of special circumstances applicable to the subject property's location, the strict application of the zoning ordinance is found to 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. -2- BZA 9/l/82 Minutes: H.B. Board of Zoning Adjustments September 1, 1982 Page Three 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 and elevations received September 1, 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: Spencer, Evans, Vogelsang NOES: None ABSTAIN: None USE PERMIT NO. 82-17 Applicant: R. G. Durda Tractor Service, Inc. To permit an "Office Trailer". Location of trailer is 19192 Stewart Street, zoned RA-0 - Residential Agricultural District combined with oil production. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 3, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the necessary Code requirements covering the applicant's request. He informed the Board that subject application was filed on April 23, 1982, pending adoption by City Council on August 16, 1982 of Ordinance No. 2568, which becomes effective on September 15, 1982, for this type of consideration on a temporary basis as a temporary office expansion. He said that the Code allows an expansion of existing use,for a period not to exceed five (5) years, providing that parking, access, setbacks, landscaping and all applicable provisions for the District where subject trailer/coach is to be located are met. Acting Chairman Evans opened the public hearing. Mr. Durda addressed the Board. He explained that -the "office trailer" would provide for better working conditions as their existing office has no heat and is infested with mice. Mr. Durda stated the "office trailer" is new and is located in an area away from all equipment. He further added that the "office trailer" will not be detrimental -3- BZA 9/1/82 Minutes: H.B. Board of Zoning Adjustments September 1, 1982 Page Four to any improvements on or near his property. Mr. Durda was questioned by the Board as to the time -frame he desired granted for the Use Permit. He said five (5) years if possible or for as long a period of time as he is allowed to.remai:n-in his present area. He said the "office trailer" is on a stand allowing it to be a temporary structure and that by the use of a tractor with wheels, the "office trailer" could be removed from the premises without a problem. He was informed by the Board that should a zone change occur, possibly changing zoning to a M-1 or R-2 District, he would have to meet applicable criteria. The public hearing was closed by Acting Chairman Evans with no one else present to speak in favor or opposition of subject request. Findings and Conditions of Approval were discussed by the Board. ON MOTION BY SPENCER AND SECOND BY VOGELSANG, USE PERMIT NO. 82-17 WAS CONDITIONALLY APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: 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 PERMITS: 1. The conceptual plot plan received April 23, 1982, shall be the approved layout, subject to the following: a. Pursuant to Section 9730.30, H.B.O.C., a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of "Office Trailer". In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: -- Traffic circulation and drives; Parking layout; -4- BZA 9/1/82 Minutes: H.B. Board of Zoning Adjustments September 1, 1982 Page Five - 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. A thirty (30) month review period shall be made by the Board of Zoning Adjustments assuring that all provisions for the District wherein subject "Office Trailer" is to be located are met, such as, parking, access, setbacks, landscaping, etc. AYES: Spencer, Evans, Vogelsang NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. i r es P. Spenc , Acting Secretary Board of Zonin Adjustments -5- BZA 9/l/82