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HomeMy WebLinkAbout1983-06-08MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6, - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 8, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Cooper, Smith BOARD MEMBER ABSENT: Vogelsang MINUTES: ON MOTION BY SMITH AND SECOND BY COOPER, THE MINUTES OF THE REGULAR MEETING OF MAY 18, 1983, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Cooper, Smith NOES: None ABSTAIN: None ABSENT: Vogelsang REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION 83-18 Applicant: Mr. Roy L. Hall To permit a reduction in side yard setback from ten (10) feet to five (5) .feet. Property located at 8471 Mill Bridge Circle. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt,Class.5,California Environmental Quality Act, 1970. Secretary Godfrey informed all concerned that the subject property is adjacent to Newland Street but actually fronts on a cul-de-sac. This request is for a proposed addition parallel with the existing residence in line with the already existing garage. The code re- quires a ten (10) foot minimum side yard setback along an exterior side yard. The subdivision was approved with•a ten (10) foot side yard setback along Newland Street on those lots at the terminus of the cul-de-sac. Further, there is no record as to how or why this existing dwelling unit was constructed at a five (5) foot setback. Minutes: H.B. Board of Zoning Adjustments June 8, 1983 Page Two The Public Hearing was opened by Acting Chairman Evans. The applicant was present (Roy L. Hall) and addressed the Board. He informed all concerned that there were other additions in his area, on cul-de-sacs, where variances were granted. He felt that as Newland Street is heavily traveled the addition would help him to attenuate noise. Also, that his neighbors located directly be- hind his residence have an addition in their rear yard which abuts his fence depriving his rear yard of privacy as it is a two-story addition which overlooks his swimming pool. : The Board explained to Mr. Hall that they were not in a position to discuss his neighbors rear yard addition without first checking into the matter; that each application is weighed on its own merits justifying approval. The Public Hearing was closed by Acting Chairman Evans. Upon review of the applicants site plan it was noted that on the west side of the applicants property a ten (10) foot side yard exists which would accommodate an addition. It was the opinion of all of the Board Members that this particular request did not technically meet all of the requirements of a Conditional Exception as established in the code and, if approved, would be a grant of special privilege with no hardship evident. ON MOTION BY SMITH AND SECOND BY COOPER, CONDITIONAL EXCEPTION NO. 83-18 WAS DENIED WITH REASONS AND VOTE FOLLOWING: REASONS FOR DENIAL: 1. The granting of this Conditional Exception will constitute a grant of special privilege inasmuch as the addition will encroach into the Code required side yard setback which would be inconsis- tent with other entitlements on lots at the terminus of cul-de- sacs in the vicinity. 2. There are special circumstances which deprive the property of privileges now enjoyed by other properties. The property may be nonconforming with relation to the required setback; the creation of an addition may be accommodated elsewhere on the lot. 3. The Conditional Exception is not necessary for the preservation of one or more substantial property rights. The hardship in this case is of the applicant's own making in that he wants to add to his property. He states in his application this is for purpose of noise attenuation. We submit that noise attenuation can be made an integral part of the existing wall without resorting to the construction of an addition in the required yard setback. -2- BZA 6/8/83 Minutes; H.B. Board of Zoning Adjustments June 8, 1983 Page Three 4. The granting of the Conditional Exception could be materially detrimental to adjacent properties. The encroachment into the rear setback area extends into an area designed for open space and recreational activities. AYES:. Smith, Godfrey, Cooper, Evans NOES: None ABSTAIN: None The appeal process was explained to the applicant. USE PERMIT NO. 83-30 Applicant: Herbert Nadel To permit construction of a 6,200 sq. ft. Commercial Building. Proposed location is 17122 Sims Street, Huntington Beach. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 2B, California Environmental Quality Act, 1970. Secretary Godfrey explained that commercial uses are permitted sub- ject to approval of a Use Permit Application by the Board of Zoning. Suggested findings and conditions of approval were outlined. The public hearing was opened by Acting Chairman Evans. A reciprocal driveway between subject property and the shopping center at the north property line was discussed in detail with the applicant, Bunny Hayes. It was decided that an irrevocable offer to provide reciprocal access and parking to the shopping center to the north should be offered in lieu of a reciprocal driveway ease- ment provided prior to issuance of building permits. Further, that the five (5) parking spaces lost by the increase in the width of the driveways would have to be provided elsewhere on the site. The applicant was also informed that should the existing landscaping on the north and east side of the property be destroyed during construc- tion it would have to be replaced. As the applicant was the A.I.A. for the project she stated that she would like to have the hearing continued for one week to allow her time to discuss the conditions to be imposed with the property owner and the owner(s) of the shopping center. ON MOTION BY COOPER AND SECOND BY SMITH, USE PERMIT 83-30 WAS CONTINUED ONE WEEK, TO THE METING OF JUNE 15, 1983 BY THE FOLLOWING VOTE: -3- BZA 6/8/83 Minutes: H.B. Board of Zoning Adjustments June 8, 1983 Page Four AYES: Godfrey, Evans, Cooper, Smith NOES: None ABSTAIN: None USE PERMIT NO. 83-34 Applicant: Donald Stein & Associates, Inc. To revise a previously approved site plan for the expansion of an existing bank building (Use Permit No. 82-26) and modify a pre- viously imposed Condition of Approval on the same application (Use Permit No. 82-26). The property is located on the south side of Warner Avenue approx- imately 500 feet west of Goldenwest Street (6902 Warner Avenue). This request was originally heard by the Board of Zoning at its November 10, 1982 meeting. The Board of Zoning Adjustments approved the request subject to certain conditions. Subsequent to that approval, the use permit was appealed to the Planning Commission. The Planning Commission upheld the use permit as originally approved with the condition that World Savings obtain written approval from the four property owners of the site. World Savings and Loan Association has submitted a new application making a change in the circulation pattern; revising the site plan to widen the traffic lane to the south of their facility from thirty (30) feet to thirty-eight (38) feet deleting five (5) parking spaces requiring the necessity of a Conditional Exception. They are also asking consideration of deletion of the Condition of Approval stated above that the Planning Commission requested in the action which up- held the Board of Zoning's approval. The reason they are asking for the deletion of that condition is that World Savings has been unable to obtain approval of all of the parcel owners. Inasmuch as the Planning Commission is the appelant body and had added a condition as a part of the action upholding the approval of the Board of Zoning Adjustments, its inappropriate for the Board to consider a new application requesting a modification to a site plan and previous condition as approved by the Planning Commission. Therefore, the Board of Zoning Adjustments forthwith referred this matter directly to the Planning Commission for public hearing at their June 21, 1983 meeting. ON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT,NO. 83-34 WAS RE- FERRED TO THE PLANNING COMMISSION FOR HEARING AT THEIR JUNE 21, 1983 MEETING BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Cooper, Smith NOES: None ABSTAIN: None 1 -4- BZA 6/8/83 Minutes: H.B. Board of Zoning Adjustments June 8, 1983 Page Five USE PERMIT NO. 83-35 Applicant: Huntington Beach Jaycees To permit a temporary outdoor event - Three (3) Day Carnival June 17, 1983 - 5 to 11 p.m. if 18 - Noon to 11 p.m. if 19 - Noon to 9 p.m. Proposed location - 7777 Edinger Avenue, Huntington Beach. The special "event" was introduced by Acting Chairman Evans who stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Conditions of Approval providing crowd control, safety, and necessary requirements of the Ordinance Code were discussed with Jim Bresman representing the Huntington Beach Jaycees. ON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 83-35 WAS GRANTED WITH CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITIONS FOR APPROVAL: 1. The plot plan received May 31, 1983 shall be the conceptual layout. 2. The applicant shall obtain all necessary electrical permits. 3. Prior to operation of any equipment used in conjunction with amusement rides, the City shell be in receipt of State Certification and permits showing inspection within one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. 4. A certificate of insurance form shall be filed in the Adminis- trative Services Department, in an amount deemed necessary by the Public Liability Claims Coordinator, along with a Hold Harmless Agreement executed by insured, at least five (5) days prior to the event. 5. All Alcoholic Beverage Control requirements shall be met. 6. A layout and circulation plan shall be approved by the Fire Department. Fire access lanes shall be maintained. 7. An on -site inspection by the Fire Department shall be required prior to the event. 8. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. Said signs, location, and content to be as recommended by the Traffic Division of the Police Department. -5- BZA 6/8/83 Minutes: H.B. Board of Zoning Adjustments June 8, 1983 Page Six 9. The applicant shall provide for clean-up of the area each evening after closing of the event. 10. All requirements of the Ordinance shall be met. AYES: Godfrey, Smith, Evans, Cooper NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-26 Applicant: Bank of Westminster To permit the construction of 2,864 square foot interim banking facility. Proposed location: Parcel 2 - Pad "K" - 16922 Goldenwest Street (approximately 280 feet east of Warner Avenue). Acting Chairman Evans introduced the proposal and stated that this request is covered by Negative Declaration No. 81-56. Secretary Godfrey stated that an interim banking facility may be allowed in the C-2 Zone subject to approval of an Administrative Review by the Board of Zoning Adjustments. Upon the Boards review of the site plan submitted the major concern was the stacking area for the drive-thru felt to be inadequate. Paul Tomko, President of the Bank of Westminster, was informed that either stacking shall be redesigned with additional excess, as in sight J, or it should be designed to overflow into parking areas rather than access lanes. Conditions for Approval were discussed. It was felt by all of the Board Members that this interim facility should be allowed, as conditioned, pending completion of construc- tion of the permanent bank facility. ON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 83-26 WAS APPROVED WITH CONDITIONS IMPOSED FOLLOWING, SUCCEEDED BY VOTE. CONDITIONS OF APPROVAL 1. That the conceptual plan and elevations received May 26, 1983, be the approved layout. 2. The interim banking facility shall be compatible with the proposed development in architectural treatment and surface materials and shall be approved by the Department of Develop- ment Services. 3. The parking layout shall be in accordance with Article 979 of the Huntington Beach Ordinance Code. F� 1 -6- BZA 6/8/83 Minutes: H.B. Board of Zoning Adjustments June 8, 1983 Page Seven 4, That a landscape and irrigation plan be submitted in accord- ance with Article 979 of the H.B. Ordinance Code and approved by the departments of Public Works and Development Services. Landscaping shall be installed prior to issuance of a Certificate of Occupancy. 5. A rooftop mechanical equipment screening plan shall be sub- mitted for review and approval to the Department of Development Services. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 6. All applicable fees and ordinances shall be adhered to. 7. This approval is granted for a period of two (2) years or until completion of construction of the permanent bank facility. The interim facility will be removed at the end of the two (2) year period or at time of final inspection prior to occupancy of the permanent bank facility - which ever occurs first. 8. A bond shall be posted in an amount established by the Building Division of the Department of Development Services to assure removal of the temporary structure per Condition of Approval No. 7. 9. The granting of approval to permit an interim bank facility in no way shall be construed as a grant of approval for any subsequent use in this facility. 10. The stacking area for the drive -up teller window shall be de- signed with additional excess, as in Site J, or it should be designed to overflow into parking areas rather than access lanes. 11. That the circulation for the drive -up teller window relative to the stacking of vehicles shall be designed to the approval of the Traffic Engineer of the Department of Public Works prior to issuance of building permits. AYES: Godfrey, Smith, Evans, Cooper NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Glen K. Godfrey, Secretary Board of Zoning Adjustments -7- BZA 6/8/83