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HomeMy WebLinkAbout1982-10-20MINUTES HUNTINGTON-BEACH.BOARD OF -ZONING ADJUSTMENTS Room 13-66 - Civic 2000 Main_ Street Huntington,Beach, WEDNESDAY,, OCTOBER 20--,, 1982. - 1:30- P.M. Center CA BOARD MEMBERS PRESENT -- Spencer,. Evans,- Smith,. Vogelsang BOARD MEMBER,.ABSENT Kelly MINUTES: ON -MOTION BY"SMITH-AND•SECOND BY -SPENCER, THE'MINUTES OF THE'REGULAR:MEETING OF OCTOBER- 13, 198-2-, WERE_ APPROVED AS. TRANSCRIBED BY THE FOLLOWING VOTE:, AYES: Spencer,, Evans,. Smith, Vogelsang NOES: None - ABSTAIN:, Nonet ABSENT:. Kelly REGULAR AGENDA ITEMS':: CONDITIONAL EXCEPTION NO 82-57.' Applicant: Mr. Gerald,W., Galleher To. permit a reduction in. the• minimum. open space. dimension. from 20 feet to- 13- feet. located on the east- side. of Summer- Breeze (19462) , a_ distance-- of 35, ft.. from- the. intersecting streets, of Goldenwest and Yorktown.. Acting Chairman.Evans:introduced.the.proposal and.stated that this request is Categorically -Exempt,. Class. 5,, California Environmental Quality Act,. 1970. Acting Secretary Spencer -gave. an analysi.s.of- the applicant's pro- posal, He stated that the applicant's rear -property is skew shaped, with his -home being- square shaped,. with a. square shaped addition being proposed.. The addition, encroaches on one end only,. seven (7) feet into the-applicant''s rear yard open space dimension.. He further stated that the -Code -requires a minimum.of 900 square feet open space and that -the applicant's plan.exceeds.this require- ment by 120 square feet-. Minutes: H.B. Board of Zoning Adjustments October 20, 1982 Page Two Acting Secretary Spencer explained that in the past, the Board has not approved an encroachment of this size into the open space dimension and added that the average lot size is 6,000 sq. f t. with the applicant's lot exceeding this size by 1,200 sq. ft. He mentioned that there is an area in the applicant's front yard setback that could accommodate a room addition and suggested that the applicant indicate his reason for his particular design and his need for it. Acting Chairman Evans opened the public hearing and informed the applicant, as well as others present requesting Conditional Exceptions and Use Permits, 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. Acting Chairman Evans asked the applicant if there was any possibility for redesign of his plan, leaving the proposed bedroom annex and spa addition in the rear of his property and relocating the proposed recreation room to the front of his property alleviating the necessity of a conditional exception. Mr. G411eher addressed the Board. He said that his kitchen, family room and master bedroom are located approximately 35 feet from the intersection of Yorktown and Goldenwest. Since the addition of the signal light at Yorktown and Goldenwest, the Beachwalk and Seacliff Developments, along with the use of large trucks going to the Aminoil Facility and to Pacific Coast Highway, the noise from the resulting traffic has become intolerable. Mr. Galleher said that the use of his backyard for relaxing, family gatherings, invited guests, etc. is hopeless and, subsequently, embarrassing to his family. The noise from the Goldenwest traffic, particularly the stop and starting at Yorktown, makes conversation and relaxation impossible. To alleviate this situation, his plan is to make a significant part of his backyard an enclosed recreation room utilizing double glazed windows and insulation to greatly reduce noise to his bedroom, family room and kitchen, allowing the property at the rear of his house to be used for which it was intended i.e. recreation. The public hearing was closed. Board discussion ensued. It was felt by the Board Members that the landscaped buffer provided by the City in the rear of his property, was insufficient to deter the noise generated by the increase in traffic. It was the consensus of the Board Members that the applicant should be allowed his total proposed addition in his rear yard. -2- BZA 10/20/82 Minutes: H.B, Board of Zoning Adjustments October 20, 1982 Page Three ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-57 WAS GRANTED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. Property backs up to a major arterial highway (Golden West Street) at a signalized intersection (Yorktown Avenue). Progressively increased traffic noises being generated from Golden West Street have made existing rear yard an undesirable passive area with the existing living quarters having to absorb the bulk of said noise. 2. Proposed addition consisting of a recreation and spa room will be designed as to mitigate traffic noise from dwelling living area thereby helping to put said noise within an acceptable "decibel" rating. 3. Remaining recreational open space area will exceed minimum requirements. 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, 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 within the vicinity. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 6. As subject parcel's rear property line is slightly irregular with existing dwelling being "squared" to both front and side property lines, proposed additions encroachment into the required open space dimension was found to be necessary in order to preserve structurer's architectural integrity. CONDITIONS OF APPROVAL: The conceptual plot plan and elevations received September 24, -3- BZA 10/20/82 Minutes: H,B. Board of Zoning Adjustments October 20, 1982 Page Four 1982, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinity. AYES: Spencer, Evans, Vogelsang, Smith NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-59 Applicant: Mr. Stephen Goldberger To permit an eight (8) foot reduction of required open space dimension. Property located at 20291 Harpoon Circle. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the applicant's proposal. He stated that the applicant is proposing a rear yard room addition. The recreational open space dimension for this particular property requires a twenty-five (25) foot open space dimension. The applicant is proposing to come within a seventeen (17) foot portion of this dimension for his room addition with an eight (8) foot encroachment at the back of the property line at one point only. The Board Members were given a copy of the original site plan for the tract as constructed for their review. It was noted that the applicant's lot has a shallower depth than the average size tract lot being some 94-1/2-95 feet in depth - five (5) feet shorter than the norm. It was also noted that this proposed addition does not encroach into the rear yard setback. Acting Chairman Evans opened the public hearing with Mr. Stephen Goldberger present to speak in favor of his proposal. Mr. Goldberger introduced himself to the Board. He said his rationale for filing a conditional exception was to increase the size of his bedrooms, dining room, and to replace a "L" shaped closet in lieu of an eating nook which consists of the main part of his encroachment. He felt that if his lot was of a normal size, with the exception of a few feet, he would not have needed to file for a variance although felt the additional few feet was significant to his proposal allowing for the eating nook. The public hearing was closed by Acting Chairman Evans. -4- BZA 10/20/82 1 Minutes: H.B. Board of Zoning Adjustments October 20, 1982 Page Five Board discussion carried on the applicant's dimensional problem. It was felt that the applicant's hardship was created by the happenstance of the size of -his lot and that he should not be denied the privilege of his -proposed reasonable size addition within his rear yard setback. - ON MOTION BY SPENCER AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-59 WAS APPROVED WITH REASON, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING,- BY VOTE AS FOLLOWS: REASON: 1. Remaining recreational open space exceeds minimum dimension. FINDINGS: 1. The granting -of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties under identical zone classifications. 2. Because of special circumstance applicable to the subject - property - (depth), the strict application of the -zoning ordinance is found to- deprive the subject property of privileges enjoyed by other properties 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: The conceptual plot plan and elevations received October 4, 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 in the immediate vicinity; to property and improvements - Past administrative action regarding this property. AYES: Spencer, Evans, Vogelsang, Smith NOES: None ABSTAIN: None -5- BZA 10/20/82 Minutes: H.B. Board of Zoning Adjustments October 20, 1982 Page Six USE PERMIT NO. 82-35 - Applicants: Robert Schafer/Richard Wolff To permit the re-establishment of a previously approved restaurant, located at 16232 Pacific Coast Highway. Acting Chairman Evans stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Mr. Robert Schafer and Mr. Richard Wolff, Agents, along with the property owner - Mr. Nelson G. King, were present to represent the application. Acting Secretary Spencer identified the deficiencies existing on the property. He stated that seven (7) foot of highway dedication along Pacific Coast Highway, with physical public improvements were necessary prior to occupancy which had been overlooked in, 1978 when an application was granted permitting additional square footage to the existing restaurant. Had the building properly conformed, the applicant would not have had to file another application. He further stated that the Board was in receipt of a complaint from the homeowners living behind the restaurant, in the condominium development, with regard to excessive noise. The code requirement of a six (6) foot high (minimum height) masonry wall at the rear property line was explained to the applicants, which would serve as a buffer between the two uses. The applicant was further informed that a six (6) foot landscaped buffer was required behind the public right-of-way which will change parking as presently exists in front of the restaurant and that, additionally, landscaping within the complex itself would have to be at six (6) percent of the total site. Acting Chairman Evans opened the public hearing. Mr. Nelson King introduced himself as an absentee landlord and stated that he was unaware of the noise problem. Conditions for approval were discussed in depth with Mr. King. The applicant was informed that his existing sign would have to be moved conforming with Article 976 of the Ordinance Code. Mr. King concurred with the Board that the metal shed in the rear corner of his property was unsightly and shall be removed. The public hearing was closed. ON MOTION BY SPENCER AND SECOND BY SMITH, USE PERMIT NO. 82-35 14AS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: FINDINGS: 1. The establishment, maintenance and operation of the use was found not to be detrimental to: -6- BZA 10/20/82 Minutes: H.B. Board of Zoning Adjustments October 20,_ 1982 Page Seven 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 OR APPROVAL: A. TO BE. COMPLETED PRIOR: TO� CERTIFICATE OF OCCUPANCY. - I. The. conceptual plot: plan_ and elevations received; September 27, 1982, shall be -the approved layout,- subject to the. modifications. described herein. a. Seven: (7) foot-- right--of-way dedication_ along: Pacific Coast Highway- b. Show required six- (6) percent landscaping and parking in compliance with,, Article= 979Huntington- Beach Ordinance Code., c.. Full physical public improvements, (curb gutters, sidewalks, street -section, etc..), to_ meet both. Public: Works and State specificat-iona.. d.. Construction of the required. six (6). foot -high separation wall at: rear of property-., e-. Remove: existing. metal shed_ located at -northwest corner of -'property. A plan delineating said modifications -shall be_ submitted to the Secretary -of the Board, 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, the Board of Zoning -Adjustments considered the following issues relating to the conceptual plan.:. Traffic circulation.and.drives;: - Parking layout; Lot area; -7- BZA 10/20/82 Minutes: H.B. Board of Zoning Adjustments October 20, 1982 Page Eight - Lot width and lot depth; - Past administrative action regarding this property. 2. The following plan shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. 3. General Condition: a. Proposed signing shall comply with Article 976 - Huntington Beach Ordinance Code. AYES: Spencer, Evans, Vogelsang, Smith NOES: None ABSTAIN: None USE PERMIT NO. 82-38 Applicant: Mr. Jim Middleton - Taco Bell To permit "drive-thru" facility on existing fast food restaurant located at 17182 Beach Boulevard zoned C-4 - Highway Commercial District, Acting Chairman Evans introduced the proposal and stated that this request was Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Concerns with the applicant's proposal were outlined by Acting Secretary Spencer. It was felt that the -parking on the northerly and easterly side, in the area designated for the trash enclosure, could possibly create a problem for cars maneuvering in and out with relation to the access lane for the drive-thru. It was felt that the circulation plan could be improved. The public hearing was opened by Acting Chairman Evans with Mr. Jim Middleton, Construction Manager, present to speak in favor of his proposal. The applicant was informed that the first parking stall located at the southwest corner of the facility would have to be removed and replaced with landscaping. Board Member Smith asked the applicant what his plans were for the north east corner of the facility shown blank on the site plan submitted. Mr. Middleton replied that they intended to leave it in asphalt. With compatibility being a mandatory finding4Board Member Smith urged the applicant to consider landscaping in this particular area which will be viewed by patrons using the drive- -8- BZA 10/20/82 LJ Minutes; H,-B.. Board of -Zoning Adjustments October 20, 1982 Page -Nine thru portion:of the facility.. He informed the applicant that by incorporating some of' the smaller landscaped pockets into one location,, speci£icalLy this area, it --would not only beautify this- section: but would- be: less- costly to. maintain-., Mr-. Middleton stated that this concern would. be taken.into:consideration_ Signage, location: of the: trash_ enclosure, circulation. and rel:ogation of parking spaces- as outlined: in, the Conditions of Approval were discussed, with, the applicant., The public hearing; was closed by Acting- Chairman. Evans.. ON MOTION: BY EVANS' AND SECOND: BY SPENCER',. USE PERMIT NG.. 82=38' WAS- APPROVED', WITH; FINDINGS: AND CONDITIONS OF' APPROVAL, IMPOSED AS FOLLOWS, BY VOTE; AS> FOLLOWS :- FTNI)TNGG 1. The establishment,. maintenance: and-. operation- of' the: usee, was found not to, 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 buildi:ng.. 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' APP-ROVAL:: A. TO BE: COMPLETED- PRIOR. TO. ISSUANCE' OF' BUILDING= PERMITS:: I. The. conceptual plat plan. and. elevations, received October 4 ,, 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. depicting the following.: I., Parking; space. located. at the southwest. corner to:be-replaced with landscaping;.. 2, With the exception of -two (2) designated employee parking spaces, existing parking spaces -along both the north and east property lines.are-to be.removed. -9- BZA 10/20/82 Minutes: H.B, Board of Zoning Adjustments October 20, 1982 Page Ten 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, 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 the immediate vicinity; to property and improvements in - Past administrative action regarding this property. AYES: Spencer, Evans, Vogelsang, Smith NOES: None ABSTAIN: None MISCELLANEOUS ITEM: USE PERMIT NO. 82-41 Applicant: Boys & Girls Clubs of Huntington Beach To permit a temporary outdoor event, located at the southwest corner of Garfield Street and Beach Boulevard (19090 Beach Blvd.). Acting Secretary Spencer outlined the proposal. He stated that the Boys & Girls Clubs of Huntington Beach are proposing to have a haunted house in conjunction with the selling of pumpkins during the Halloween season of 1982 (October 28 through 30th, from 7:00 p.m. to 11:00 p.m. each night). The use of a 20 x 40 foot tent for the haunted house was of great concern to the Board Members from a safety standpoint. Acting Secretary Spencer stated that he had previously discussed the proposal with Fire Marshall Cooper (no fire representation at the meeting) and was told that prior to the event, layout approval and a tent permit would have to be obtained through the Fire Department. Although access, circulation and parking was approved for just the pumpkin patch, the Board felt that with the addition of the haunted house, same should be reapproved. ON MOTION BY SPENCER AND SECOND BY SMITH, USE PERMIT NO. 82-41 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: 1. The plot plan received October 18, 1982, shall be the approved layout. -10- BZA 10/20/82 Minutes: HOB. Board of Zoning Adjustments October 20, 1982 Page Eleven 2. The applicant shall obtain all necessary electrical permits. 3. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. 4. Access, circulation and parking shall be approved by the City Engineer's Office prior to permits being issued. 5. Approval for the tent must be obtained from the Fire Marshall five (5) days prior to the event. AYES: Spencer, Evans, Vogelsang, Smith NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Tes P." Spe?ic d of Zoning : j s Acting Secretary ustments -11- BZA 10/20/82