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HomeMy WebLinkAbout1982-12-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, DECEMBER 22, 1982 - 1:30 P.M. BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF MEMBER PRESENT: Room B-6 - Civic 2000 Main Street Huntington Beach, Spencer, Evans, Vogelsang Kelly, Smith Cooper CONDITIONAL EXCEPTION NO. 82-74 Applicant: Mr. Roy Beckner Center CA To permit patio support columns to encroach three (3) foot into required exterior sideyard setback. Property located at 4861 Oahu. The applicant's proposal was introduced by Acting Chairman Evans. This request is categorically exempt, Class. 5, California Environ- mental Quality Act, 1970. Acting Secretary Spencer reported that a code amendment is being contemplated, and will no doubt be incorporated within the upcoming Division 9 rewrite, to allow covered patios to encroach within the ten (10) foot exterior sideyard setbacks. Eaves, as addressed by the Uniform Building Code, are allowed to encroach within thirty (30) inches of the property line but vertical walls and support columns have to abide by district setback provision; that setback being ten (10) feet in this case. Mr. Spencer stated that should the Board act favorably on the applicant's proposal that a general condition be imposed that the sides of proposed structure remain in an open or lattice -work state which has been typical of previous actions of the Board without ramifications. Acting Chairman Evans opened the public hearing. Mr. Roy Beckner, applicant, introduced himself to the Board. He informed the Board Members that in order to be able to build his patio.the support columns have to encroach five (5) feet into the required ten (10) foot exterior sideyard setback and questioned how the Board arrived at three (3) feet. The applicant stepped forward and reviewed the plans submitted with the Board Members. Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Two The setback error on the plans submitted was discussed with the applicant. Mr. Beckner stated he would be happy to have the plan redrawn. He was informed that clarification on the plan could be made by staff showing a five (5) foot encroachment but that his proposal would have to be readvertised showing the correct dimension. The applicant concurred with the Board. ON MOTION BY SPENCER AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-74 WAS CONTINUED FOR TWO WEEKS, TO THE MEETING OF JANUARY 5, 1983, BY THE FOLLOWING VOTE: AYES:. Spencer, Evans, Vogelsang NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-73 Applicant: Mr. C.H. Armstrong To permit front entry garage to encroach 116" into required front setback. Property located at 19851 Providence Land. Acting Chairman Evans introduced the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer briefly outlined the applicant's request. He stated that the applicant's tract was constructed under the previous standard when the Code's setback requirement for a front -on garage was at twenty (20) feet in lieu of our current Code requirement of twenty-two (22) feet. The applicant's home was built with a side on garage and the applicant wishes to reverse the garage door to a front entry. The public hearing was opened by Acting Chairman Evans with Mr. Arm- strong present to provide additional information should same be required. There being no one else present to speak in favor or opposition of the request, 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 116" 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 EVANS AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 82-73 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOW- ING, BY VOTE AS FOLLOWS: -2- BZA 12/22/82 Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Three REASONS: 1. Subject property is located within a subdivision in which all front entry garages were constructed at a twenty (20) foot setback. 2. Proposal to convert an existing "side" entry garage into a front entry at a twenty (20) foot six (6) inch setback would be consistent with what exists throughout the neighborhood. 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 December 7, 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. AYES: Spencer, Evans, Vogelsang NOES: None ABSTAIN: None -3- BZA 12/22/82 Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Four CONDITIONAL EXCEPTION NO. 82-72 Applicant: Mr. Kenneth R. Parlee To permit a two (2) foot reduction in required separation from adjacent property's structure. Property located at 1217 Alabama Street• Acting Chairman Evans introduced the proposal. Acting Secretary Spencer outlined the request and stated that subject property is located within the "Oldtown Specific Plan", which allows an interior sideyard setback to be reduced to zero under certain conditions. These conditions require that adjacent property next to which the zero is being contemplated is: 1) held under the same ownership as property requesting the zero; or 2) the owner of adjacent property records an agreement or easement and consents in writing to such zero setback. A condition also requires that there shall be a separation between adjacent structures of not less than five (5) ft. As adjacent property is currently developed with an older "wood framed" single-family structure less than the Code requirement of five (5) ft.,it necessitates filing of a Conditional Exception applicati Acting Chairman Evans opened the public hearing. Mr. Parlee addressed the Board. He stated that the existing dwelling is in the final stage of being refurbished. On the original floor plan there was no consideration given for closets or storage area which is a large portion of the applicant's addition. The applicant felt.that the addition did not constitute a special privilege in that it is completely in keeping with established acceptable procedures for land use allowing architectural benefits and parity. The public hearing was closed. Board discussion ensued. The applicant was informed that his structure will have to conform to all applicable Code requirements. ON MOTION BY SPENCER AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 82-72 WAS CONDITIONALLY APPROVED, WITH REASON, FINDINGS AND CONDITIONS FOR APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASON: 1. The owner of adjacent property has consented in writing to the proposed zero setback and has agreed to file a restriction assuring that future development will comply with base district's requirements. -4- BZA 12/22/82 Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Five 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 November 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 to property and improvements in the immediate vicinity; - Past administrative action regarding this property. General Conditions: 1. Proposed structure shall comply with all Building Code require- ments. 2. Prior to issuance of Building Permits, the applicant shall produce a recorded agreement or restriction from adjacent property (Assessor's Parcel No. 25-055-14) agreeing to complying with development standards as outlined in Article 915, Huntington Beach Ordinance Code. AYES: Spencer, Evans, Vogelsang NOES: None ABSTAIN: None -5- BZA 12/22/82 Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Six Staff Member Cooper arrived. MISCELLANEOUS ITEM: LOT LINE ADJUSTMENT NO. 82-3 Applicant: Mr. John L. Peterson To permit a Lot Line Adjustment. Property located at 1840 Main Street. Acting Chairman Evans introduced the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer informed the Board Members that the adjoining lots (No. 20 and 22) are both under the same ownership. The lots are non -conforming under today's zoning requirements legally created 30 to 35 years ago. The applicant's plan would afford him the opportunity to construct a single-family dwelling with an enclosed racquet court on Lot 20. Lot 22 is presently vacant. The lots width would not change to the front setback line allowing a minor adjustment in the rear 1/2 of each lot. If the balance of each lot were changed, it was felt that the possibility of a legal problem could occur. Each lot would continue to have the same square footage allowing the lots to remain whole. After a lengthy discussion, it was felt that the one (1) foot dimension change was minor and that all mandatory findings were met for a Lot Line Adjustment. ON MOTION BY SPENCER AND SECOND BY EVANS, LOT LINE ADJUSTMENT NO. 82-3 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: FINDINGS: 1. The Lot Line Adjustment is consistent with the criteria outlined in Section 9811.3.1, Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received December 21, 1982, shall be the approved layout. -6- BZA 12/22/82 [i Minutes: H.B. Board of Zoning Adjustments December 22, 1982 Page Seven 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. B. General Conditions: 1. Applicant shall pursue the proper procedure in recording the plat map to be approved by the City Engineer. 2. That prior to issuance of a building permit, the Lot Line Adjustment shall be recorded and a copy made available to the City. AYES: Spencer, Evans, Vogelsang, Cooper NOES: None ABSTAIN: None There being no further business, the meeting was adjourned. 4oardes P. Spencer cting Secretary of f Zoning Mjustments -7- BZA 12/22/82