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HomeMy WebLinkAbout1982-12-081 MINUTES w HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic 2000 Main Street Huntington Beach, WEDNESDAY, DECEMBER 8, 1982 - 1:30 P.M. Center CA BOARD MEMBERS PRESENT: Spencer, Kelly, Evans, Smith, Vogelsang MINUTES: ON MOTION BY SMITH AND -SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 24, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Evans, Smith NOES: None ABSTAIN: Vogelsang REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 82-70 Applicant: Mr. Robert G. Koodrich To permit an addition to encroach four (4) feet into the required ten (10) foot rear yard setback. Property located at 18011 Shoreview Circle. Chairman Kelly informed the applicant, as well as others present requesting Conditional Exceptions and a Use Permit, 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. Chairman Kelly introduced the proposal and stated that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Board Member Smith announced that as he resides in the applicant's general area, to avoid a possible conflict of interest relative to subject property, he would not participate in the hearing of Conditional Exception No. 82-70. Minutes: H.B. Board of Zoning Adjustments December 8, 1982 Page) Two Acting Secretary Spencer gave a synopsis of the applicant's proposal. He informed the Board Members that the proposed structure is a one (1) story family room addition. The remaining recreational open space meets and exceeds the minimum area and dimensional require- ment. The applicant's required rear yard setback area is 980 square feet with proposed encroachment amounting to 112 square feet or approx- imately eleven (11) percent. Mr. Spencer further stated that Section 9103.3 of the Ordinance Code sets the minimum rear yard setback, within a R-1 Zone, at ten (10) feet. However, rear yards may be reduced to five (5) feet when property backs up to open land. Open land is defined as including golf courses, school sites, public utility rights -of -way, and flood control rights -of -way that provide a minimum of 100 feet in clear width. Mr. Spencer stated that the applicant's property backs up to Central Park Drive which has been removed (Talbert Avenue) from the arterial highway systems and exists at a 100 ft, width. Central Park Drive is designated and is currently being used as a parking compound. The public hearing was opened by Chairman Kelly. Mr. Carl Van Holt, adjacent neighbor residing at 18021 Shoreview Circle, addressed the Board and spoke in.favor of the proposed location for the family room addition proposed by Mr. Koodrich. The applicant, Mr. Robert Koodrich, stated that he felt his hardship was created by the rectangular shape of his property on a cul-de-sac, which is substantially different than adjoining properties. He also mentioned that recently a variance was granted to one of his neighbors for a similar rear yard addition with the same lot configuration. There being no one else present to speak in favor or opposition of the proposal, the public hearing was closed. Mr. Spencer explained that on the earlier variance mentioned by the applicant, the Board felt that due to the close proximity of Talbert Avenue (Central Park Drive) that this specific area would be incorporated within Central Park and would be redesignated as open land. Upon the Board's review of the plan submitted it was noted that there was another space available for a proposed room addition, which would meet the Code requirements, but that the existing flow of the home would not accommodate a useful room addition on the west side of the applicant's property. Board discussion ensued covering the configuration of the applicant's lot, future possibility of the area becoming incorporated within Central Park, possible open land designation change., etc. ON MOTION BY EVANS AND SECOND BY KELLY, CONDITIONAL WAS APPROVED WITH FINDINGS, REASONS, AND CONDITIONS BY VOTE AS FOLLOWS: . EXCEPTION NO. 82-70 OF APPROVAL FOLLOWIN -2- BZA 12/8/82 J Minutes: H.B. Board of Zoning Adjustments December 8, 1982 Page Three REASONS: 1. The property backs up to an area being utilized as open space or a parking compound. 2. The lot is irregularly shaped. 3. In the past we have permitted one-story additions to encroach into the rear yard setback when they are adjacent to an arterial highway which this one is. FINDINGS: 1. The granting of the Cordvilenlwill not otherconstitute properties a grant of a special privilege inconsistent upon 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. CONDITI"ONS OF APPROVAL: The conceptual plot plan and elevations received November 22, 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. General Condition: 1, proposed addition shall be limited to a one-story structure. AYES: Spencer, Kelly, Vogelsang, Evans NOES: None ABSTAIN: Smith -3- BZA 12/8/82 Minutes: H.B. Board of Zoning Adjustments December 8, 1982 Page Four USE PERMIT NO. 8 2-A B To permit re-establishment of a wholesale nursery. IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 82-71 To permit shade structures to be constructed at zero interior side yard setback. Applicant for both proposals is Southwest Wholesale Nursery & Supplies located at 21251 Bushard Street, zoned RA - Residential Agricultural District. Chairman Kelly introduced both proposals and informed the Board that this request is covered by Negative Declaration No. 81-36. Acting Secretary Spencer outlined both applications. He stated that wholesale distribution of growing plants and nursery stock used in landscaping activity is allowed in a RA Zone subject to approval of a Use Permit for one (1) year. Extensions of the original permit may be given for one (1) year periods with four (4) such extensions being the maximum time allowed per permit. The applicant did not file a timely extension and, consequently, is back before the Board with a new Use Permit application along with a conditional exception requesting that shade structures be allowed to be constructed at zero interior side yard setback in lieu of Code requirement of five (5) feet within a RA Zone. Mr. Spencer distributed to the Board Members a copy of last year's Conditions of Approval and mentioned that, after testimony is taken, they may wish to repeat, nodify, eliminate, or add conditions assuring a compatible use. Chairman Kelly opened the public hearing. Mr. Ron Jesse, applicant, addressed the Board. He stated that approx- imately 1-1/2 years ago he leased the Southern California Edison easement for his nursery at which time it was a heavily blighted weed infested area. He mentioned he has expended alot of money into the nursery and has cleaned up the area considerably. Mr. Jesse stated that he was unaware of the extension period until he received a letter from our Land Use Department informing him that an inspection of the site revealed that his use was not in compliance with the Conditions of Approval as set forth for Use Permit 81-31. The Edison people recently visited his site and spoke favorably about his nursery with the exception of the shade structures which were constructed without a building permit. -4- BZA 12/8/82 Minutes: H.B. Board of Zoning Adjustments December 8, 1982 Page Five Mr. Cox, owner of residence located at 9341 Southshore Drive, stated his objections to the shade structures constructed adjacent to his rear wall, spraying of insecticides, and use of tractors and other equipment on the site. Mr. Joe Dillon spoke (17272 Bulkhead). He objected to soil amendments and planting mix material blowing onto his property when being mixed and the use of heavy equipment being used adjacent to his rear wall. He felt the operation should be limited to weekdays only. There being no one else present to speak on the proposal, the public hearing was closed. The Board Members reviewed the letters received in favor and in opposition of the nursery. A lengthy discussion carried in an effort to work out suitable Conditions of Approval allowing the use to be compatible with the adjacent residential area. ON MOTION BY SMITH AND SECOND BY VOGELSANG, USE PERMIT NO. 82-48 (IN CONJUNCTION WITH C.E. NO. 82-71) WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, WITH VOTE FOLLOWING: 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 proposal is consistent with the City's General Plan of Land Use. 3. The granting of a use permit will not adversely affect the General Plan of the City of Huntington Beach. 4. The proposed site is adequate to serve the proposed use. CONDITIONS OF APPROVAL: The conceptual plot plan received November 29, 1982, shall be the approved layout, subject to the modifications described herein: 1, All vehicles operating within the nursery shall not exceed speeds of 10 miles per hour. 2. The taller and larger plant materials shall not be stored within twenty (20) feet of the residential properties to the -5- BZA 12/8/82 Minutes: H.B. Board of Zoning Adjustments December 81 1982 Page Six south. Lower growing trees and shrubs only shall be permitted adjacent to these residential properties, and plant material shall be no higher than one (1) foot lower than the top of existing block wall. 3. All soil amendments or planting mix material shall be kept damp as to not to blow onto adjacent properties. All such material shall not be stacked over a height of ten (10) feet and shall be located within the north fifty (50) feet of the facility. 4. Spraying of plant materials shall be done inwardly, away from residential properties. "Chemical spraying" shall be held to a minimum used only on an as needed basis. Spraying shall be done in such a manner to prevent the chemicals from being carried into the residential area. 5. There shall be no activity, including maintenance, selling or other between the hours of 8:00 p.m, and 8:00 a.m. on weekdays excluding holidays. On weekends or holidays there shall be no activity whatsoever other than general maintenance. 6. Outside phone alarms, intercoms, loudspeakers, are prohibited. 7. Any yard lighting proposed shall be directed away from adjacent residential properties. 8. Any proposed signing shall conform to Article 976 of the Huntington Beach Ordinance Code. 9. Proposed portable and permanent office and storage buildings (including storage bins) shall be located within fifty (50) feet from the north property line. 10. Driveway approach and necessary asphalt paving transitions shall be to the satisfaction and specifications of the Public Works Department. 11. No "retail" activity shall take place on the property - Wholesale only. 12. Frontal elevations shall be submitted to the Secretary of the Board fo'r purposes of screening activity from view on Bushard Street. AYES: Spencer, Kelly, Vogelsang, Evans, Smith NOES: None ABSTAIN: None The appeal process was explained to the applicant. -6- BZA 12/8/82 1 Minutes: H,B. Board of Zoning Adjustments December 8, 1982 Page Seven Board Member Evans excused himself from the meeting. CONDITIONAL EXCEPTION NO. 82--71 (In conjunction with U.P. No. 82-48) As the applicant was in agreement with the reasons substantiating Condition No. 9 imposed on Use Permit No. 82-48, Mr. Jesse requested that his conditional exception (No. 82-71) be withdrawn. ON MOTION BY SPENCER AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-71 WAS WITHDRAWN BY FOLLOWING VOTE: AYES: Spencer, NOES: None ABSTAIN: None ABSENT: Evans Kelly, Vogelsang, Smith USE PERMIT NO.•82-49 Applicant: La Costa Mexican Restaurant To permit a "Grand Opening" on December 11, 1982 - 2:00 to 5:30 p.m. Location is 4911 Warner Avenue. The Board reviewed the request for adequate provisions for parking, access and circulation. ON MOTION BY SMITH AND SECOND BY SPENCER, USE PERMIT NO. 82-49 WAS 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. CONDITIONS OF APPROVAL: The conceptual plot plan received December 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: - Traffic circulation and drives; - Parking layout; -7- BZA 12/8/82 Minutes: H.B. Board of Zoning Adjustments December 8, 1982 Page Eight - Type of use and its relation to property and improvements in the immediate vicinity. AYES: Spencer, NOES: None ABSTAIN: None ABSENT: Evans Kelly, Vogelsang, Smith THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. es P, Spendcting,Secretary and of Zoning Xjustments 1 -8- BZA 12/8/82