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HomeMy WebLinkAbout1982-11-03MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, NOVEMBER 3, 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: Spencer, Kelly, Vogelsang, Evans, Crosby STAFF MEMBERS PRESENT: Folger, Cooper MINUTES: ON MOTION BY SPENCER AND SECOND BY CROSBY, THE MINUTES OF THE REGULAR MEETING OF OCTOBER 27, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: NOES: Spencer, Kelly, Crosby None ABSTAIN: Evans, Vogelsang ABSENT: Smith AGENDA ITEM TO BE CONTINUED: USE PERMIT NO. 82-26 Applicant: Donald Stine & Associates, Inc. To permit remodeling and expansion of existing bank building located at 6902 Warner Avenue, between Goldenwest and Edwards on the south side of the street. Zoning is C-4 - Highway Commercial District. IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 82-61 Applicant: Donald Stine & Associates, Inc. To permit encroachment into sight angle requirement. Chairman Kelly introduced both applications with Don Stine, Architect for the proposed project, present to speak in favor of his proposals. Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Two Acting Secretary Spencer outlined concerns entailed with Use Permit No. 82-26. He said the application is to permit remodeling and expansion to an existing bank building fronting on Warner Avenue (World Savings and Loan Association). The overall interior circulation for the center was of great concern, aided by the request to close off cross circulation presently in front of the bank building, along with the driveway entrance on Warner Avenue allowing access into the center for east and west moving traffic from an arterial highway. It was felt that perhaps a revised plan should come back before the Board, acceptable to the Traffic Engineer and Secretary of the Board, allowing improved circulation within the commercial develop- ment center. The possibility of eliminating the parking along the south and west side of the bank building was suggested which would allow a more clear, freer circulation pattern with perhaps some parallel parking along the south side of the building. The public hearing was opened by Chairman Kelly for both applications. Mrs Stine introduced himself to the Board. He displayed a model of the proposed bank building. He explained that the main reason for extending the building to the north was because of the location of the vault, in addition to the number of tellers required to service the bank adequately. Mr. Stine agreed with the Board that the existing driveway, paralleling Warner Avenue, was very dangerous. Mr. Billy Maddox, owner of the Video Depot, located directly behind the bank addressed the Board and expressed his concern with the possibility of relocation of parking spaces presently used by his clientele. He further stated that he was also speaking in behalf of the bicycle and flower shop adjacent to his business. Mr. Maddox said he had no objection to the expansion of the bank nor with the encroachment into sight angle requirement. The public hearing for both applications was closed by Chairman Kelly. Board discussion ensued. Upon the Board's review of the site plans submitted, it was felt that Conditional Exception No. 82-61 could be acted on as a sufficient amount of visibility was allowed to the abutting commercial uses structurers as their setbacks were beyond the site angle projections but that action should not be taken on Use Permit No. 82-26 until the applicant meets with Public Works, the Fire Department, and Planning staff incorporating concerns of the Board into an acceptable circulation plan condusive with other businesses in the center. -2- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Three ON MOTIO14 BY KELLY AND SECOND BY EVANS, USE PERMIT NO. 82-26 WAS CONTINUED FOR ONE WEEK, TO THE MEETING OF NOVEMBER 10, 1982, BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Vogelsang, Evans, Crosby NOES: None ABSTAIN: None ON MOTION BY EVANS AND SECOND BY SPENCER, CONDI`rIONAL EXCEPTION NO. 82-61 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, WITH VOTE FOLLOWING: REASONS: 1. Primary reason for "sight angle" provisions were to provide adjacent properties uses with visual exposure from motoring public. 2. As both abutting commercial uses structures are setback beyond sight angle projections and have alternative exposure for their businesses via signing, proposed encroachment would cause minimal, if any, adverse impacts. 3. As subject property fronts on a major arterial highway (Warner Avenue) 120 feet in width, sight angle would not be essential for west bound Warner traffic. 4. Proposed addition towards front of existing building would eliminate a potentially hazardous driveway that exists parallel to Warner Avenue and in front of subject building. That applicant's alternate to expand toward rear or side of subject building would only compound circulation conflicts existing within subject shopping center. 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, 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. -3- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Four 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: The revised conceptual plan and elevations received October 6, 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; - 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 CONDITIONS: 1. Conditional Exception No. 82-61 becomes null and void if Use Permit No. 82-26 is not approved. AYES: Spencer, Kelly, Vogelsang, Evans, Crosby NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-62 (Con't. from 10/27/82 Applicant: L-N Development Company, Inc. To permit a 1-1/2 foot encroachment into a portion of the required ten (10) foot rear yard setback. Property located at 16311 Content Circle. Acting Secretary Spencer reiterated that at the meeting of October 27, 1982, subject application was automatically continued because of a split vote. There had been a motion for approval and second; subsequent vote produced the split - two for/two against, which, unless another motion was offered, would be continued until the next regular meeting (11-3-82). As two Board Members were absent at the meeting of October 27, 1982, (Les Evans and John Vogelsang) they have since listened to the tape and are now eligible to vote. Mr. Spencer said that as the public hearing was closed at the last meeting, there will be no need to reopen, but the Board is permitted to ask questions of the applicant for clarification if necessary. The Board will not be revoting on last week's motion, but will call for a new motion. -4- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Five ON MOTION BY VOGELSANG AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 82-62 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: 1. The applicant's hardship is created by the 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 7-1/2 square feet. 2. Proposed addition will not impact neighboring properties. 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, 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 October 8, 1982, shall be the approved layout. AYES: Vogelsang, Crosby, Kelly NOES: Evans, Spencer ABSTAIN: None USE PERMIT NO. 82-42 Applicant: Barker Bros. Furniture To permit a temporary outdoor event at 7777 Edinger Avenue. Chairman Kelly introduced the event. Acting Secretary Spencer briefly outlined the event. He mentioned that this is Barker Bros. anniversary tent sale to be held November 12, 13, and 14, 1982. -5- BZA '.11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Six The public hearing was opened by Chairman Kelly. With no one present to speak in favor or opposition of the event, the public hearing was closed. Conditions for approval were discussed by the Board. ON MOTION BY EVANS AND SECOND BY KELLY, USE PERMIT NO. 82-42 WAS CONDITIONALLY APPROVED AS FOLLOWS, BY VOTE FOLLOWING: CONDITIONS OF APPROVAL: 1. The plot plan received October 18, 1982, shall be the approved layout. 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. Circulation plan to be approved by the Fire Department. 5. Approval for the tent must be obtained from the Fire Marshall five (5) days prior to the event. AYES: Spencer, Kelly, Vogelsang, Crosby, Evans NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-63 Applicant: Dennis & Patricia Duecker To permit a three (3) foot encroachment into the ten (10) foot rear yard. Property located at 8721 Adams Avenue. Chairman Kelly introduced the proposal and stated that this request is Categorically Exempt, Class. 5. California Environmental Quality Act, 1970. Acting Secretary Spencer briefly outlined the proposal for a family room addition, in lieu of an existing patio, to be constructed seven (7) feet from the applicant's rear property line. Chairman Kelly opened the public hearing with Mr. Duecker present to speak in favor of his proposal. Mr. Duecker addressed the Board and cited the location of neighboring dwellings in relation to his proposed addition to substantiate that his proposed addition would not impact his neighborhood. He stated that his hardship was created by the placement of his home on an irregular shaped corner lot with a curved side yard. The Board questioned Mr. Duecker on the pyramidical design of his proposed addition. He stated that initially they planned on having 1 -6- BZA 11/3/82 Minutes: H.A. Board of Zoning Adjustments November 3, 1982 Page Seven a fireplace but felt to much floor space and expense would be incurred. He stated that they preferred not to have the room addition in the shape of a square box. As there was no one else present to address the issue, the public hearing was closed by Chairman Kelly. Upon the Board's review of the plan submitted, it was felt by Board Member Evans that the family room addition should be squared off allowing the encroachment to be minimized. The other Board Members agreed but felt the applicant had a real problem with the orientation of his home on his property justifying approval for the requested variance. ON MOTION BY VOGELSANG AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 82-63 WAS APPROVED WITH REASON, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASON: 1. Because of property being an irregular shaped corner lot with existing structure being poorly orientated, a reasonable and functional sized room addition could not be accommodated within required setbacks. FINDINGS: 1. The granting of the Conditionals 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, 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 October 20, 1982, shall be the approved layout. -7- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Eight 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. AYES: Spencer, Kelly, Vogelsang, Crosby NOES: Evans ABSTAIN: None USE PERMIT NO. 82-43 Applicant: Mr. Robert H. Uyeda/Tetra Design To permit an exterior alteration to existing building located within an existing non -conforming shopping center, located at 15902 Springdale Avenue, zoned C2 - Community Business District. Chairman Kelly introduced the proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Acting Secretary Spencer informed all concerned that the exterior alteration to the existing building, located within a shopping complex is non -conforming based on yard requirements. He reiterated past history on the property stating that in 1974 Bank of America, located in the same shopping complex, modified their building located on the Springdale side with a Condition imposed by the Board that landscaping and parking requirements be upgraded. Mr. Spencer displayed photo- graphs of the site depicting the improvements on Springdale. He further recommended that should the Board act favorably on this application, that the same consideration be imposed for the Edinger frontage, coinciding with the landscaping theme existing on Spring- dale. Chairman Kelly opened the public hearing. Mr. Robert H. Uyeda introduced himself as the Architect for the project. He questioned the Board on the scope of landscaping required and stated that his main concern was to get approval for the exterior alteration of the building. He was informed by the Board that the landscaping and parking requirements would not interfere with their starting on the exterior alterations to the building but that an amenable program incorporating landscaping along the Edinger frontage, bringing the property into conformance with the Code, would have to be agreed upon within a set period of time. Discussion carried between the Board, the applicant, and Mr. Sam Wong speaking for Mr. Robert Chan, property owner, also in attendance. The public hearing was closed. -8- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Nine As a mutual agreement on a time -frame (24 months) was reached between the applicant and the Board, services of the Planning staff were offered to the applicant should he need assistance implementing landscaping and parking requirements established by the Code. ON MOTION BY KELLY AND SECOND BY SPENCER, USE PERMIT NO. 82-43 WAS CONDITIONALLY APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: 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 CERTIFICATE OF OCCUPANCY: 1. The conceptual plot plan and elevations received October 13, 1982, shall be the approved layout, subject to the modifications described herein: a. A plan depicting fencing and landscaping along Edinger Avenue frontage. Said plan shall include plant material, irrigation system and fencing materials compatible with that which is existing along Springdale frontage and shall also comply with the City's landscaping specifications. b. Applicant shall execute an Agreement agreeing to condition imposed in A.l(a) and B.2. A plan delineating said modifications and Agreement shall be submitted to the Secretary of the Board. If such plan and Agreement complies with the modifications outlined by the Board, said plan and Agreement shall be approved and made a permanent part of the administrative file. -9- BZA 11/3/82 Minutes: H.B. Board of Zoning Adjustments November 3, 1982 Page Ten In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; - Parking layout; Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. Signing being proposed or altered shall comply with Article 976, Huntington Beach Ordinance Code. 2. Landscaping and fencing materials as required under Condition A.l(a) shall be installed within twenty-four (24) months of this approval. AYES: Spencer, Kelly, Vogelsang, Evans, Crosby NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. Spe e , Acting Secretary Board of Zoning/Adjustments -10- BZA 11/3/82