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HomeMy WebLinkAbout1982-10-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAYp OCTOBER 27, 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA Spencer, Kelly, Smith, Crosby, Vogelsang 2:10 pm STAFF MEMBER PRESENT: Cooper MINUTES: AT THE CLOSE OF THE MEETING, ON MOTION BY SPENCER AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF OCTOBER 20, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOW- ING VOTE: AYES: Spencer, Smith, Vogelsang NOES: None ABSTAIN: Crosby, Cooper ABSENT: Kelly AGENDA ITEMS TO BE CONTINUED: USE PERMIT NO. 82-40 To permit alteration of building elevations to an existing non- conforming shopping center. IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 82-60 To permit an elimination of the landscape requirement. Applicant for both requests is Nat Ross, dba Huntington Village Shopping Center. Location is 5812-5942 Edinger Avenue zoned C-2 - Community Business District. Chairman Kelly introduced the applications to the Board and stated the requests were Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Minutes: H.B. Board of Zoning Adjustments October 27, 1982 Page Two Acting Secretary Spencer informed all concerned that a one -week continuance has been requested by the applicant allowing additional time for revision to his plan. There being no one present to address the proposals, the public hearing was not opened. ON MOTION BY SPENCER AND SECOND BY SMITH, USE PERMIT NO. 82-40 AND CONDITIONAL EXCEPTION NO. 82-60 WERE CONTINUED FOR ONE WEEK, TO THE MEETING OF NOVEMBER 3, 1982, BY THE FOLLOWING VOTE: AYES: Spencer, Smith, Crosby, Kelly NOES: None ABSTAIN: None USE PERMIT NO. 82-39 Applicants: Robert & Julaine Waggoner To permit an addition to a dwelling with nonconforming yards. Property located at 627 - 8th Street. Chairman Kelly informed the Board that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the reason for the applicants request. He stated that this request is for a two-story addition to a dwelling, in the Townlot Area, which was originally constructed with a frontyard setback of eleven (11) feet from the property line in lieu of twelve (12) feet presently required by Code. He further stated that the Code allows an enlargement to a dwelling with nonconforming existing setbacks, subject to approval of a Use Permit Application, substantiating that the proposed addition conforms to the applicable provisions of the Code. Chairman Kelly opened the public hearing. Mr. Robert Waggoner, property owner, introduced himself to the Board. He informed the Board Members that his home was constructed in 1929 and supported this statement with a picture taken in 1929 of his neighbor's home. He also displayed recent pictures taken of his residence, from different angles, to exhibit that his proposed addition will not create an impact to his neighbors homes. The applicant was made aware that in the future a portion of the corner cut-off on Palm Avenue and 8th Street and a portion of the alley in the rear of his property may possibly require dedication. The public hearing was closed. Upon the Board's review of the plan submitted, it was observed that the proposed addition meets all requirements of the Code. It Was the consensus of all of the Board Members that not only was the proposed addition compatible with its surroundings, but it would enhance the applicants neighborhood. [1 r� -2- BZA 10/27/82 Minutes: H.B. Board of Zoning Adjustments October 27, 1982 Page Three ON MOTION BY SPENCER AND SECOND BY SMITH, USE PERMIT NO. 82-39 WAS APPROVED, WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. The proposed second -story addition is compatible with other structures in the area. 2. Proposal meets all existing Ordinance Code requirements. 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 October 11, 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; - Parking layout; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. AYES: Spencer, Crosby, Kelly, Smith NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-62 Applicant: L-N Development Company, Inc. To permit a 1-1/2 foot encroachment into a portion of the required -3- BZA 10/27/82 Minutes: H.B. Board of Zoning Adjustments October 27, 1982 Page Four ten (10) foot rear yard setback. Property located at 16311 Content Circle. Chairman Kelly stated that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer explained that the encroachment of 1-1/2 feet would allow the applicant a small addition of 114 square feet, for a breakfast nook, extending into his rear yard. He informed the Board that the applicant's lot size, although somewhat irregular in shape, does exceed the norm of a regular size lot (60 x 100 ft.), with measurements of 85.8 x 101.15 ft. The architectural design, allowing a little extra floor space in the kitchen nook, has necessitated approval of a conditional exception for the applicant's proposal. Mr. Spencer stated he was in receipt of a letter from two neighboring property owners expressing their objection to the applicant's proposal as they felt the exception might set a precedent which could impact all of the adjacent properties in time. The public hearing was opened by Chairman Kelly. Larry D. Lyon, Vice -President of L-N Development, addressed the Board, representing the property owners - Mr. and Mrs. Robert Schack. He referred to the site plan submitted and mentioned that between the kitchen and family room exists an island with a stove on one side and a counter bar for meals on the other side. Mr. and Mrs. Schack do not feel that the existing counter bar is conducive to a family atmosphere and, consistently, have used their formal dining room for meals on a daily basis. The applicant felt that although the bay window could be redesigned, eliminating the necessity of a conditional exception, the additional floor area to be gained was essential for the kitchen breakfast nook. Mr. Lyon feels that hardship has been created by the irregular shape of the lot as the rear property line is on an angle allowing the encroachment to vary from 1-1/2 foot to less than one (1) foot on the northwest side. Had the house been placed four (4) feet to the south, there would have been no need for a conditional exception. Chairman Kelly closed the public hearing with no one else present to speak in favor or opposition of the proposal. The utilization, location, and design of the island counter bar were discussed at great length. The sliding glass door on one wall, leading to the pool area adjacent to the family room, along with the location of a fireplace on another wall in the family room, somewhat restricts an alternative location for the proposed breakfast nook. Chairman Kelly motioned his approval of Conditional Exception No. 82-62 as he felt the applicant had demonstrated hardship created by the -4- BZA 10/27/82 1 Minutes: H.B. Board October 27, 1982 Page Five of Zoning Adjustments irregular shape of his lot with the northwest side of the property line running at a slight angle resulting in an encroachment, in total, of less than ten (10) square feet. Board Member Crosby second the motion. Motion failed by the following vote: AYES: Kelly, Crosby NOES: Spencer, Smith ABSTAIN: Vogelsang (arrived closed). at meeting after public hearing Mr. Spencer stated that in the past, the Board has granted minor encroachments only into rear yard setbacks for more valid reasons; e.g. additional space for a reasonable size bedroom, etc. He felt that as the property originally had ample amount of flexibility, prior to the applicant choosing to build a swimming pool in his rear yard, consideration for a breakfast nook should have been made at that time. Board Member Smith could not justify approval of the variance as he felt other options were available to the applicant. He felt that it might be helpful if the applicant could bring pictures to the next meeting showing the exact location of the proposed bay window in relation to the neighboring properties. With the applicant's concurrence, the application was automatically continued for one (1) week, to the meeting of November 3, 1982, for a final vote. Mr. Spencer suggested that John Vogelsang and Les Evans (unable to attend today's meeting) listen to the tape of this hearing, prior to the Board Meeting of November 3, 1982, which will enable them to vote. Chairman Kelly left meeting, replaced by Acting Chairman Cooper. TENTATIVE PARCEL MAP NO. 82-571 Applicant: RMG Engineering? Inc. To permit consolidation of two (2) parcels into one (1) parcel. Property located on the southeast corner of Engineer Drive and Connector Lane (15142 Connector Lane). The property is zoned Ml-A - Restricted Manufacturing District. Acting Chairman Cooper introduced the proposal. Acting Secretary Spencer stated that the tentative parcel map was filed in compliance with a Condition of Approval of Administrative Review No. 82-6, previously approved. Mr. Jerry Clarke, of RMG Engineering, Inc., was present and acknowledged receipt of and his concurrence with imposed Conditions of Approval. -5- BZA 10/27/82 Minutes: H.B. Board of Zoning Adjustments October 27, 1982 Page Six ON MOTION BY VOGELSANG AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 82-571 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE FOLLOWING: FINDINGS: 1. The proposed consolidation of two (2) parcels into one (1) parcel for purpose of an Industrial building is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for Restricted Manufacturing District, allowing for Industrial buildings, was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on October 8, 1982, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. CiPffles P. Sperf Board of Zoning ;is -Acting Secretary justments -6- BZA 10/27/82