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Home My WebLink About1983-01-12MINUTES- HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room•B-6 - Civic Center 20001 Main' Street Huntington) Reach, CA� WEDNESDAY, JANUARY 12, 1983 1:30�P.M. BOARD MEMBERS•PRESENT: Spencer, Kelly,r Evans,> Vogelsang,- Smith STAFF MEMBER PRESENT': Godfrey MINUTES: ON MOTION BY EVAN5 AND SECOND'BY SMITH, - THE MINUTES OF THE REGULAR. MEETING- OF JANUARY 5.,• 1983:,- WERE APPROVED-, AS TRANS- CRIBED'' BY THE'FOLLOWING VOTE':, AYES: Spencer,, Kelly,- Evans, Vogelsang, Smith, NOES: None ABSTAIN: None ABSENT: None REGULAR AGENDA ITEMS:. TENTATIVE PARCEL MAP'NO'. 81-566- - EXTENSION OF TIME Applicant: Innovative Consultants', Inc. To permit a one-year extension• of time for consolidation -of two (2) parcels of land into one -(I) parcel.. Subject property -is located on the northeast corner of Indianapolis'Avenue'and-Beach,Boulevard (20422 Beach Blvd.)-., Chairman Kelly introduced�the•request and stated that this application is categorically exempt, Class.- 1:5,- California Environmental Quality Act, 1970. Acting Secretary Spencer informed -the Board Members that he'is in receipt of a.letter dated December 2, 1982, from Mr. Robert C.- Thomas, acting in -the capacity of a -duly authorized -agent of the owner - Investors Real Estate Services, Inc., stating that additional time is necessary to complete the final processing, signatures, and approval for the subject map. Minutes: H.B. Board of Zoning Adjustments January 12, 1983 Page Two The Board reviewed Tentative Parcel Map No. 81-566 along with applicable Conditions imposed on the original entitlement and concluded that a practical difficulty exists sufficient to justify the requested extension of time. ON MOTION BY SPENCER AND SECOND BY VOGELSANG, TENTATIVE PARCEL MAP NO. 81-566 WAS GRANTED A ONE-YEAR EXTENSION, WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Evans, Vogelsang, Smith NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-75 Applicant: Mr. Gregory Gaeta To permit a seven and one-half (7.5) foot reduction in minimum open space dimension. Property located at 6751 Manhattan. Chairman Kelly introduced the proposal and informed all present that this request is categorically exempt, Class. 5, California Environmental Quality Act, 1970. The applicant was informed 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 affected. Acting Secretary Spencer briefly outlined Section 9103.3.1.1.2 of the Ordinance Code stating that properties recorded prior to March 19, 1969, shall provide a minimum open space of 900 square feet, which may be divided into two (2) areas, each having a minimum area of 450 square feet with minimum dimension of twenty (20) feet within the rear two-thirds (2/3) of the lot. Mr. Spencer informed the Board that the applicant's property exceeds the open space requirement in both areas with a 7-1/2 foot reduction in minimum open space dimension in one (1) area only. The applicant is proposing a room addition in his rear yard. The subject property is a corner lot, at the entrance of a cul-de-sac, allowing the property technically dual frontage. The public hearing was opened by Chairman Kelly. The property owner, Mr. Gregory Gaeta, introduced himself to the Board. He stated that his front yard and exterior side yard are larger than most in his tract. He mentioned that many alternatives were considere for his proposal, including conversion of his garage. Because of his existing floor plan, the only suitable area for the proposed room addition is in his rear yard. Mr. Gaeta felt that the unusual lot -2- BZA 1/12/83 Minutes: H.B. Board of Zoning Adjustments January 12, 1983 Page Three configuration coupled with the placement of his home on his'l'ot has created his hardship. The public hearing was closed by Chairman Kelly. After a brief overview of the appliant's plans,, it was evident that a hardship did exist on the applicant's property as outlined in the following reasons -justifying granting of Conditional Exception No. 82-75. ON MOTION BY VOGELSANG AND°SECOND BY SMITH', CONDITIONAL EXCEPTION NO. 82-75 WAS GRANTED WITH -REASONS, FINDINGS,. AND CONDITIONS OF APPROVAL FOLLOWING,. BY VOTE FOLLOWING: REASONS: 1. Remaining recreational open space meets or exceeds minimum requirements for Base District. 2. Structure''s original placement is such that a meaningful addition could not be accommodated. 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, regarding size, shape,. and location, 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 dated December 14,�1982, shall be the approved layout. -3- BZA 1/12/83 Minutes: H.B. Board of Zoning Adjustments January 12, 1983 Page Four 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. Applicant shall obtain all necessary construction permits. AYES: Spencer, Kelly, Vogelsang, Smith, Evans NOES: None ABSTAIN: None MISCELLANEOUS ITEM: LOT LINE ADJUSTMENT NO. 82-2 Applicant: Huntington Beach Company Reconsideration of a Lot Line Adjustment - Assessor's Parcel No. 23-181-3 and 23-181-4. Mr. Spencer informed the Board Members that he is in receipt of a letter dated January 10, 1983, from the Huntington Beach Company stating they wish to pursue a revision to previously approved Lot Line Adjustment No. 82-2 granted on January 5, 1983. He reiterated that at the Board meeting held on January 5, 1983, Lot Line Adjustment No. 82-2 incorporated a 117 foot in length unusable strip into Parcel No. 23-181-04 from Parcel No. 23-181-03. The applicant wishes to eradicate a twenty foot wide railroad spur which is no longer in use which would allow the strip to become usable. The Huntington Beach Company is now requesting a revised amendment eliminating two lot lines extending southwest from Parcel No. 23-181-03 to Pacific Coast Highway and, in so doing, will eliminate Parcel No. 23-181-04 allowing consolidation of this parcel into adjoining Parcel No. 23-181-6. Mr. Holman, representing the Huntington Beach Company, was in attendance. He addressed the Board and stated that their basic concern is such that when they talked to our City Engineer, by elimination of one only lot line as.originally.requested, they would have to abide with the Condition imposed that monuments for the newly -established -4- BZA 1/12/83 1 Minutes: H.B. Board of Zoning Adjustments January 12, 1983 Page Five corners shall be readjusted in compliance with the Map Act. Since all of the lots will be under one they see no reason to separate the lots. Subdivision (1) ownership, Mr. Spencer stated that as two (2) zones are involved (M2-01, Industrial District and R-4, Multiple -Family Residential District) a requirement of a lot line adjustment is that density shall not be increased. The R-4 zoning must be analyzed for density prior to the Board taking action. It was felt that possibly a Tentative Parcel Map may be the more appropriate application. A MOTION WAS MADE BY SPENCER AND SECOND BY SMITH, TO ANALYZE THE REVISED AMENDMENTS TO LOT LINE ADJUSTMENT NO. 82-2, AND REHEAR SAME AT THE NEXT BOARD MEETING, TO BE HELD ON WEDNESDAY, JANUARY 19, 1983. THE APPLICANT, MR. HOLMAN, CONCURRED WITH THE CONTINUANCE. AYES: Spencer, Smith,'Kelly, Vogelsang, Evans NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4es P. Spec , Acting Secretary Board of Zoning Adjustments -5- BZA 1/12/83