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HomeMy WebLinkAbout1983-04-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, APRIL 27, 1983 - 1:30 P.M. LA BOARD MEMBERS PRESENT: Godfrey, Kelly, Evans, Smith, Vogelsang MINUTES: ON MOTION BY VOGELSANG AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF APRIL 13, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Kelly, Vogelsang NOES: None ABSTAIN: Smith ABSENT: Evans REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 83-7 Applicant: Dorothy & Richard Morehouse To permit: 1) a spa to encroach approx. 2 ft. into the required 5 ft. setback from a public utility easement; 2) construction of a 6 ft. high block wall 5 ft. into the required 5 ft. setback from a public utility easement; 3) 6 ft. high block wall to be constructed over and adjacent to an 8 ft. wide public utility easement. Property located at 20821 Aquatic Lane (west side of street - 600 ft. from Cliff Drive) . Chairman Kelly introduced the applicant's proposal and stated that this request is categorically exempt, Class. 5, California Environ- mental Quality Act, 1970. Secretary Godfrey outlined the applicants request and stated that of major concern is the possibility of the City being liable Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Two for any damages which may be incurred should maintenance be necessary to the storm drain pipe located within the utility easement. Findings for denial as well as for approval were discussed by the Board. The public hearing was opened by Chairman Kelly with Mr. and Mrs. Richard Morehouse present to speak in their behalf. Mr. Morehouse addressed the Board and stated their reason for wanting the spa in the southeast corner of their property is for sunshine. He stated that they would be agreeable to entering into a Hold Harmless Agreement with the City. Further, that the proposed wall over the easement line would provide continuity with an existing wall. The public hearing was closed. After considerable discussion, it was the contention of all of the Board Members that as a storm drain line was involved and not a sanitation sewer line, with the possibility of repair to a storm drain line being almost nil with a Hold Harmless Agreement encumbent upon the property owner, the applicants request should be granted. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 83--7 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS: 1. Except for the fact that there is a setback of five (5) ft. adjacent to a storm drain easement, this request would be within conformance with the City's Zoning Ordinance. 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 and under identical zone classifications. 3. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The fact that the spa is encroaching only in a setback area and that the conduit easement is for a storm drain, it would tend to minimize the possibility of future need to work within the easement. -2- BZA 4/27/83 Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Three 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan received April 13, 1983 shall be the approved layout. General Condition: 1. The applicant shall enter into a Hold Harmless Agreement with the City (form to be approved by the City Attorney's Office) and record such Hold Harmless Agreement with the Orange County Recorder's Office as part of the property deed to assure, that the City will not be held responsible for any damage that may occur to the spa, the pump, any accessories or the wall erected on or near the five (5) foot setback along the easement. AYES: Godfrey, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 83-8 Applicant: Falzon Construction, Inc. To permit approx. one (1) ft. reduction in minimum ten (10) ft. exterior side yard. Property located at 17192 Greenleaf Lane. Chairman Kelly introduced the applicant's proposal and stated that this request is categorically exempt, Class. 5, California Environ- mental Quality Act, 1970. Secretary Godfrey stated that the applicant's single-family dwelling, located on a corner lot, was built perpendicular to the front property line. The proposed two-story addition is to be built along the existing building line with the northeast corner of the dwelling encroaching approximately ten (10) square feet into the exterior side yard setback. Chairman Kelly opened the public hearing. Charles Falzon, of Falzon Construction, addressed the Board. -3- BZA 4/27/83 Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Four He stated that the architect was not 100 percent sure of his measurements as he had to stand on a wall to measure; that the plans submitted show the required ten (10) ft. exterior sideyard setback but that the property owners feel in reality it's nine (9) ft. and wish to have prior approval should there be an encroachment. Mr. Falzon was informed that prior to acceptance of the application measurements were taken by staff who verified"that the proposed addition did represent a one (1) ft. reduction into the applicants exterior sideyard. Mr.- Falzon outlined the configuration of the applicants residence and stated that the only way to make the proposed addition line up with the side and back of the existing dwelling would be -if approval -'were granted for the minimal encroach- ment of a portion of the addition due to -the unusual slope of the subject property. -- The public hearing was closed. The Board Members reviewed the application dnd;concurred on'its approval. :.. . ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 83-7 WAS -APPROVED WITH,REASON, FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING:` REASON': 1. The subject property is irregular in shape and development with a single-family dwelling built perpendicular to the front ---property-liner The proposed addition will be constructed along existing building lines with minimal encroachment of less than ten (10) square feet into exterior sideyard. FINDINGS: 1. A minimal encroachment into the exterior sideyard of an irregularly shaped;'lot'is necessary -to allow subject property the same privi- leges_enjoyed by o�ther'properties,in the vicinity and under idential zoning classification. 2.- The granting of the conditional exception will not constitute a grant.of.a special privilege. 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. -4- BZA 4/27/83 Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Five 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITION OF APPROVAL: The conceptual plot plan received April 11, 1983 shall be the approved layout. AYES: Godfrey, Kelly, Smith, Vogelsang NOES: None ABSENT: Evans USE PERMIT NO. 83-24 Applicant: Mr. Charles W. Gant To permit a Chili -Cook -Off on April 30 and May 1, 1983, between 11:00 a.m and 5:00 p.m. daily, at the Newland Center, 19800 Beach Boulevard. Chairman Kelly introduced the "special event". Secretary Godfrey outlined the suggested conditions -for approval and stated that of concern was the use of a flatbed trailer for a stage which he felt should be discussed with the applicant as to safety features to be provided. Mr. Art Ehrenberg, General Chairperson for the Huntington Beach Unified Model United Nations Booster Clubs, explained the event. He stated that this function is being held to raise money for travel, overnight stays, registration fees, etc. for high school students of booster clubs from Oceanvidw, Edison, and Huntington Beach High School, He stated that the flatbed trailer to be used was a "low- boy" eliminating height, with the platform secured with a rope barrier with the ground surrounding the "low -boy" flatbed trailer covered with hay and straw bails. Further, that coleman stoves will be used by the forty-five participants with all food prepared and served in accordance with normal sanitary practices. The applicant agreed to abide with all the necessary guidelines permitting the "special event". ON MOTION BY SMITH AND SECOND BY VOGELSANG, USE PERMIT NO. 83-24 WAS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, FOLLOWED BY VOTE: CONDITIONS OF APPROVAL: The conceptual plot plan received April 22, 1983 shall be the approved layout, subject to the following: -5- BZA 4/27/83 Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Six 1. An on -site inspection by the Fire Department shall be required prior to the event. 2. The applicant shall obtain all necessary electrical permits. 3. Applicant shall comply with fire safety requirements. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant shall be liable for expenses incurred. 4. All Alcoholic Beverage Control requirements shall be met. 5. A certificate of insurance form shall be filed with the Risk Manager in the amount of $1,000,000 along with a Hold Harmless Agreement executed by'insured. 6. Signs shall be prohibited within the public -right-of-way area. 7. All requirements of-the"Ordinance Code shall be met. 8. The "low -boy" flatbed trailer -shall -be provided with safety features. AYES: Godfrey, Kelly, Smith-, Vogelsang' - NOES: None ABSENT: Evans ADMINISTRATIVE REVIEW NO. 83-12 - CLARIFICATION OF CONDITION NO. 15 Applicant: Cambro Manufacturing Company To permit construction of a 52,000 sq. ft. (approx.) warehouse and future expansion located at 19151 Huntington Avenue . It was confirmed by all of the Board Members that -the intent of Condition No. 15'originally imposed on Administrative Review No. 83-12 should have been reversed to read as follows: AS CONDITIONED AT BOARD MEETING OF 4/20/83 Normal hours of shipping shall be limited to -weekdays (excluding holidays) between the hours of 8:00,a.m. - 6:00 p.m. CLARIFIED TO READ: Normal hours of shipping shall be limited to weekdays -6- BZA 4/27/83 I Minutes: H.B. Board of Zoning Adjustments April 27, 1983 Page Seven (excluding holidays) between the hours of 6:00 a.m. - 8:00 P.M. AYES: Godfrey, Kelly, Smith, Vogelsang, Evans NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. kaz W� � Glen K. Godfrey, Secretary Board of Zoning Adjustments -7- BZA 4/27/83