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HomeMy WebLinkAbout1982-09-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 22, 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: Spencer, Evans, Smith, Cooper BOARD MEMBERS ABSENT: Vogelsang REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-55 Applicant: David D. Meyer To permit a garage to encroach two (2) feet into the required twenty-two (22) foot setback. Subject property is located on the east side of Gilbert Drive approximately 120 feet south of Somerset Lane (3512 Gilbert). Acting Chairman Evans stated that this request is a categorical exemption, Class. 5, California: Environmental Quality Act, 1970. y Acting Secretary.Spencer introduced the applicant's proposal. He stated that the applicant"s tract was constructed in the early part of the 1960's at which time the Code requirement was at twenty (20) feet for a fronton garage in lieu -of our present Code requirement of twenty-two (22) feet which,.has necessitated'this variance allow- ing the proposed garage addition -to match existing garage setback. A photograph of the applicant's property was submitted to the Board Members for viewing by Acting Secretary Spencer. It was stated that the majority of homes in the applicant's tract with front -on garages have a twenty (20) foot setback and that, in addition, approximately six (6) other homes in his immediate area have double driveways as shown proposed on the site plan submitted. Acting Chairman Evans opened the public hearing -with Mr. David Meyer present to speak in favor of his proposal. Mr. Meyer, Agent for the property owner - Mr. Frank T. Kershner, addressed the Board. He said it is Mr. Kershner's intent to provide Minutes; H.B. Board of Zoning Adjustments September 22, 1982 Page Two two (2) double car garages on his property with the proposed garage capable of tandem parking and boat storage. There being no one else present to speak for or against the proposal, the public hearing was closed. Board discussion ensued. It was the consensus of the Board Members that by granting the applicant his request for a two (2) foot encroachment into the required twenty-two (22) foot setback for a front -on garage would not only allow the applicant parity with his neighbors but would allow architectural compatibility staying consistent with original construction in his subdivision. ON MOTION BY SMITH AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 82-55 WAS APPROVED WITH REASON, FINDINGS, AND CONDITIONS OF APPROVAL APPLICABLE FOLLOWING, BY VOTE AS FOLLOWS: REASON: 1. Subject property is located within a tract (No. 4677), 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. 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 August 27, 1982, shall be the approved layout. -2- BZA 9/22/82 Minutes: H.B. Board of Zoning Adjustments September 22, 1982 Page Three 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. General Condition: 1. All improvements within the public right-of-way shall meet the requirements of Public Works Department. AYES: Spencer, Evans, Smith, Cooper NOES: None ABSTAIN: None USE PERMIT NO. 82-32 Applicant: Mr. Joseph E. Morrison dba Jemco Builders To permit the continuation of an existing three (3) foot side yard setback for a room addition. The subject property is located on the west side of Imperial Cove Lane approximately 325 feet south of Viscount Drive (20151 Imperial Cove). Acting Chairman Evans introduced the proposal and stated that this request is a categorical exemption, Class. 3, California Environ- mental Quality Act, 1970. Acting Secretary Spencer outlined the request. He stated that this particular subdivision was approved by City Council through a use variance on April 21, 1964, allowing applicant's tract a minimum of a three (3) foot side yard on one side of a lot provided the abutting side yard of the adjoining lot is not less than five (5) feet. The applicant is proposing to add a room addition along the same building line with the same three (3) foot interior side yard setback prevailing. 1/3 of the homes in Tract No. 5575 have three (3) foot side yard setbacks. With the exception of the requested side yard setback, all other requirements of the Code are met. Acting Secretary Spencer stated that in his opinion, should the Board act favorably on this request, the proposal would allow consistency in the applicant's tract, minimal impact to the adjacent neighbors and would not detract from the property's esthetic value. The public hearing was opened by Acting Chairman Evans. -3- BZA 9/22/82 Minutes: H.B. Board of Zoning Adjustments September 22, 1982 Page Four Mr. Morrison introduced himself to the Board and spoke in favor of the proposal. The Board questioned Mr. Morrison on limiting the eave overhang for the addition to what presently exists on the main dwelling unit. Mr. Morrison replied that he was amenable to this condition. The public hearing was closed by Acting Chairman Evans. Conditions of Approval were discussed by the Board Members. ON MOTION BY SPENCER AND SECOND BY COOPER, USE PERMIT NO. 82-32 WAS APPROVED, WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. Subject property is located with a tract (No. 5575) in which special permission was granted by City Council allowing for three (3) foot interior side yard setbacks on certain lots within said tract (Use Variance No. 714). 2. Existing residence was constructed having one interior side yard at three (3) feet. Section 9719, Huntington Beach Ordi- nance Code, states in part, that a single family residence which is non -conforming because of yard requirements, additions or enlargements may be along existing setbacks subject to re- view and approval of a use permit application. 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: The conceptual plot plan and elevations received September 9, 1982, shall be the approved layout. -4- BZA 9/22/82 Minutes: HOB. Board of Zoning Adjustments September 22, 1982 Page Five 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. General Condition: 1. Proposed addition's eave projection shall be along existing dwelling's projection and shall conform to the Uniform Building Code. AYES: Spencer, Evans, Smith, Cooper NOES: None ABSTAIN: None USE PERMIT NO. 82-33 Applicant: K-Brothers Auto Body Shop To permit attachment of a temporary 23.5 x 68 foot aluminum awning to a nonconforming (setbacks) industrial building for a period not to exceed two (2) years. The subject property is located on the south side of Talbert Avenue approximately 290 feet east of Gothard Street. Acting Chairman Evans introduced the proposal and stated that this request is a categorical exemption, Class. 3, California Environ- mental Quality Act, 1970. Acting Secretary Spencer outlined the proposal stating that subject property is currently zoned M-1 having an attached "suffix" of "Civic District" (CD). This suffix (M1-CD) was intended to establish a method whereby the City may regulate the orderly, harmonious, attractive and aesthetic development of facilities around designed "Community Facilities Districts" in order to protect and preserve the surrounding character of said District. In this property's case, "area of interest" would be Central Park. Acting Secretary Spencer further stated that if the Board can find justification for the attachment of a temporary 23.5 x 68;foot aluminum awning to subject property, he suggested the following conditions be imposed: 1) the proposed structure is to be for a maximum period of two (2) years and shall be completely removed at that time, 2) there shall be no outside activity, such as, repair, sanding, rubbing, painting, storing, etc. of vehicles or equipment under proposed awning and, 3) a revised construction plan shall be submitted to the Board depecting Code requirements regarding proper fire separations. -5- BZA 9/22/82 Minutes: H.B. Board of Zoning Adjustments Sepember 22, 1982 Page Six The public hearing was opened by Acting Chairman Evans. Mr. Bill Kahale, owner of K-Brothers Auto Body Shop, addressed the Board. He said that as the corridor to his auto body shop is on the east side of his building that a temporary awning is needed which will allow shelter from the sun and rain. He mentioned that his men cannot start work until the early part of the afternoon due'to the intense heat. He said he can't close his aluminum door as it would prevent air circulation for the men working inside. The Board asked Mr. Kahale why such a large awning was requested. Mr. Kahale explained that a 23.5 x 68 ft. temporary awning was necessary to keep the sun, rain and dust out. The applicant was reminded by the Board that outside storage, repair of autos, etc. was illegal, that all vehicles are to be stored, screened from public view, in the rear 2/3's of his property. The public hearing was closed by Acting Chairman Evans. Discussion carried between the Board and the applicant. The Board Members were unable to find justification for the aluminum awning proposed in a M-1 CD District. It was the consensus of the Board Members that even though the applicant is requesting a "temporary structure", its physical makeup (including materials) is not in keeping with the intent of City Council's directive by allowing such a structure to be located within the above mentioned "area of interest". Other alternatives were suggested to the applicant which would provide shade and allow adequate air circulation during the early part of the mornings, such as, a bamboo drop awning. Services of staff were offered to the applicant should he wish to modify his plan. ON MOTION BY SMITH AND SECOND BY COOPER, USE PERMIT NO. 82-33 WAS DENIED BY THE BOARD OF ZONING WITH REASONS FOR DENIAL AS FOLLOWS, WITH VOTE FOLLOWING: REASONS FOR DENIAL: 1. The proposed structure is not in keeping with intent of City's policy regarding quality development within a designated area of interest. 2. That the proposal is found not to be consistent with the City's General Plan (CD Suffix) of land use. AYES: Spencer, Evans, Smith, Cooper NOES: None ABSTAIN: None -6- BZA 9/22/82 Minutes: H.B. Board of Zoning Adjustments September 22, 1982 Page Seven The appeal process was explained by the Board to Mr. Kahale. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. rl-es P. Spene€T Acting Secre rd of Zoning Aodjustments 1 -7- BZA 9/22/82