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HomeMy WebLinkAbout1983-01-051 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JANUARY 5, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Spencer, Kelly, Evans, Vogelsang, Smith STAFF MEMBERS PRESENT: Godfrey, Cooper MINUTES: ON MOTION BY SMITH AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF DECEMBER 15, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Evans, Smith NOES: None ABSTAIN: Vogelsang ABSENT: None ON MOTION BY VOGELSANG AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF DECEMBER 22, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Spencer, Evans, Vogelsang NOES: None ABSTAIN: Kelly, Smith ABSENT: None ON MOTION BY SMITH AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF DECEMBER 29, 1982, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Evans, Smith NOES: None ABSTAIN: Vogelsang ABSENT: None REGULAR AGENDA'ITEMS: CONDITIONAL EXCEPTION NO. 82-74 (Con't. from 12/22/82) Applicant: Mr. Roy Beckner To permit patio support columns to encroach five (5) feet into required exterior sideyard setback. Property located at 4861 Oahu. Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Two Chairman Kelly introduced the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer reiterated that this application was continued from the meeting of December 220 1982, as additional time was required to readvertise the applicant's request to permit patio support columns to encroach five (5) feet into required exterior sideyard setback in lieu of three (3) ft. originally advertised. Mr, spencer informed the Board Members that a code amendment has been 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. Further, eaves would normally be allowed to encroach within thirty (30) inches of the property line but vertical wall and support columns would have to abide by district setback provision; that setback being ten (10) feet in this case. Chairman Kelly informed the applicant, as well as other present requesting Conditional Exceptions, of guidelines necessary whereby allowing the Board to grant this type of application provided that in so doing, the general purpose of the Ordinance Code is not affecte The public hearing was opened. Mr. Beckner introduced himself as the applicant. 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. The public hearing was closed with no one else present to speak in favor or opposition of the applicant's request. Code specifications were discussed as well as the hardship require- ment for permitting the requested encroachment. It was the consensus of the Board Members that as similar structures in exterior sideyard setbacks, in the R-1 Zone, have previously been approved the applicant's request should be granted allowing him to utilize his side yard area for recreation. ON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 82-74 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. The patio structure will not impact adjacent property owners, as street width provides adequate separation. 2. The proposed encroachment consists of three (3) support columns partly obsecured by existing property line fencing. 72- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Three 3. Proposed eaves, or overhang, will be within allowable setbacks. 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 received December 8, 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. The sides of proposed.structure shall remain in an open or lattice -work state. AYES: Spencer, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-76 Applicants: Mr.' & Mrs. Loftin To permit a fully enclosed (glass) patio to encroach into required minimum open space dimension. Property located at 22041 Jonesport Lane. -3- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Four Chairman Kelly introduced the proposal and stated that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the applicants request for an enclosed "green house" patio. The slab presently exists. The applicants wish to enclose the three sides and roof with a glass material leaving the existing sliding glass door and windows between proposed patio and the main structure. The applicants encroachment amounts to approximately 2-1/2 feet into the required 25 ft. minimum dimension. The remaining area in the applicants rear yard exceeds the Code requirement of 1,200 square'feet by some 200 sq. ft. Mr. Spencer informed the Board that glass houses are generally exempt from Building Code requirements but that this particular structure, with its proximity to the main dwelling unit,could become a habitable room area. Mr. Spencer suggested that, should the Board act favorably on the application, that a condition be imposed requiring that.hecessary building permits be obtained prior to construction. Chairman Kelly opened the public hearing. Mrs. Loftin introduced herself to the Board and explained that she has a thyroid condition in addition to being allergic to ultra violet rays. The proposed enclosed patio, with filtered light, would Allow her comfort, warmth, and use of an outside garden. Justification condusive to hardship was discussed with the applicant. The public hearing was closed. Discussion ensued. As the.applicants were not requesting an encroach- ment into the required setbacks, nor to lessen the required recreational area of lot coverage, the twenty-five (25) foot minimum dimension required by Code for recreational use, considering the glass patio being utilized for recreation, was felt met the intent of the Ordinance Code. ON MOTION BY EVANS AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 82-76 WAS APPROVED WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. Due to the physical nature (glazed) of proposed enclosure, it was determined that property's required recreational open area would not be hindered. 2. Remaining recreational open space far exceeds the minimum requirement of base zone. -4- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Five 3. Approval would not be inconsistent with similar Board actions where proposed encroachments did not exceed ten (10) percent of 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 property's physical configuration, the strict application of the zoning ordinance was 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 21, 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 Conditions: 1. All necessary building permits shall be obtained prior to construction. 2. Existing sliding glass door and windows between proposed patio and main structure shall remain. AYES: Spencer, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None -5- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Six LOT LINE ADJUSTMENT NO. 82-2 Applicant: Huntington Beach Company To permit a Lot Line Adjustment - Assessor's Parcel No. 23-181-3 and 4 (Goldenwest Street - not addressed) The applicant's request was introduced by Chairman Kelly who informed the Board that this request is Categorically Exempt, Class, 5, Calif- ornia Environmental Quality Act, 1970. Acting Secretary Spencer informed the Board Members that the applicant's request is to incorporate a strip of property within Parcel No. 3 into Parcel No. 4. Presently, this strip is unusuable, but if incorporated into Parcel No. 4, could be utilized. Eradication of the twenty foot wide railroad spur is proposed as it is no longer in use. Board discussion carried with the applicant - Mr. Bill Holman, representing the Huntington Beach Company. Mr. Holman informed the Board that the parcels were created by Chevron U.S.A. Inc. (previously known as Standard Oil) in 1921. Chevron will, by grant deed, grant the property back to the Huntington Beach Company contingent upon compliance with the Subdivision Map Act. The sliver of land proposed by the Lot Line Adjustment, between Assessor's Parcel No. 23-181-03 and No. 23-181-04, is approximately 117 feet in length, inland from the street line of Goldenwest Avenue. It was the collective opinion of all of the Board Members that the required mandatory findings for a Lot Line Adjustment were met. ON MOTION BY EVANS AND SECOND BY SMITH, LOT LINE ADJUSTMENT NO. 82-2 WAS GRANTED WITH FINDING, CONDITIONS OF APPROVAL, AND VOTE FOLLOWING: FINDING: 1. Proposed Lot Line Adjustment will not create non -conforming parcels. CONDITIONS OF APPROVAL: The conceptual Lot Line Adjustment received on December 17, 1982, shall be the approved layout. General Conditions: 1. Monuments for the newly -established corners shall be readjusted in compliance with the Subdivision Map Act. 2. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. -6- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Seven 3. Said plat map shall be recorded with the County Recorder. 4. As the proposed Lot Line Adjustment is not being made between two (2) contiguous parcels held under one (1) ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment and his ownership are true and correct. AYES: Spencer, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None, TENTATIVE PARCEL MAP NO. 82-576 Applicant: Larry Nye/Hillcrest Missionary Baptist Church To permit a two (2) lot subdivision. Property located at 8191 Newman Avenue (Assessor's Parcel No. 167-482-15). Chairman Kelly introduced the request and stated that this application is categorically exempt, Class. 15, California Environmental Quality Act, 1970. Acting Secretary Spencer explained the applicant's request. He stated that subject Tentative Parcel Map is a follow-up to a Condition of Approval imposed by the Planning Commission (C.U.P. No. 82-23) to provide a mutual parking and access agreement between the two (2) uses within the proposed subdivision clarifying boundaries for both parcels. One parcel is to be used as a sanctuary and the second - a medical office building. Mr. Spencer informed the Board that since the building will overlap onto both properties that by a mutual agreement (recorded document) a condition needs to be imposed whereby one property can't be sold off without first taking into consideration the original agreement. He further stated that this agreement, prior to recordation and issuance of building permits, will require approval as to form from the City Attorney. Mr. Larry Nye, representing Hillcrest Missionary Baptist Church, addressed the Board. He stated that the reason for the creation of a two (2) lot subdivision is for purposes of financing. The sanctuary presently owns the whole parcel. Mr. Nye explained that both buildings are connected structurally by a breezeway on the ground floor and a bridge on the second floor. Both buildings share an elevator and a stairwell. Access to the medical building is through the stairwell connected to the church building and access to the church building is by use of an elevator fronting the medical building. Mr. Nye informed the Board that they have drafted a set of terms and conditions to run with the land, binding to both parties. -7- BZA 1/5/83 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Eight Conditions of Approval were discussed. Mr. Nye acknowledged receipt of and his concurrence with the Conditions of Approval. ON MOTION BY SPENCER AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 82-576 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY FOLLOWING VOTE: FINDINGS: 1. The proposed two (2) lot subdivision 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 Office/Professional allowing for Medical and Church 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 specifications 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 PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on December 21, 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. 4. Reciprocal easement agreement for parking, vehicular access and building encroachments shall be approved by the City of Huntington Beach and recorded. -8- BZA 1/5/83 1 Minutes: H.B. Board of Zoning Adjustments January 5, 1983 Page Nine THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. SpencZustments Acting Secretary Board of Zoning -9- BZA 1/5/83