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HomeMy WebLinkAbout1983-06-15MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 15, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Cooper, Smith BOARD MEMBER ABSENT: Vogelsang MINUTES: ON MOTION BY SMITH AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF MAY 25, 1983, WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Cooper, Smith NOFS: None ABSTAIN: None ABSENT: Vogelsang AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 83-561 (Tabled June 1, 1983) Applicant: M. Petyo & Associates, Inc. To permit: 1) consolidation of two parcels into one parcel for a four (4) unit apartment building and 2) remove Lot "A" (recreational purposes only) stipulation set forth on map of Tract 4026 containing the two lots. The property is located at 7631 Commodore Circle. Acting Chairman Evans introduced the proposal and stated that request number one (1) is a Class. 15 and request number two (2) is a Class. 3, both Categorically Exempt, California Environmental Quality Act, 1970. Secretary Godfrey reiterated that subject tract's original approval was via a conditional exception in which the developer requested that lot widths be reduced in order to accommodate a recreational lot. That exception was granted with a provision that Lot "A" be deed re- stricted against all residential, commercial or other uses, and limited to recreational purposes only. Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Two _ As the City will be meeting with the Commodore Circle property owners this evening (June 15, 1983) with the intent being to provide rehabilitation assistance for existing buildings, and utilizing H.C.D. funds to upgrade the recreational uses on said Lot "A" into additional dwelling units or to remove its recreational restriction, it is felt that this item should be set for hearing.at the next Board of Zoning Meeting June 22, 1983. ON MOTION BY COOPER AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-561 WAS REMOVED FROM THE TABLE TO BE HEARD AT THE BOARD MEETING OF JUNE 22, 1983 BY THE FOLLOWING VOTE: AYES: Godfrey, Cooper, Smith, Evans NOES: None ABSTAIN: None REGULAR AGENDA ITEMS: USE PERMIT NO. 83-30 (Continued from 6/8/83) Applicant: Herbert Nadel, A.I.A. & Partners To permit construction of a 6,200 sq. ft. commercial building. Pro- posed location is 16732 Beach Blvd. (Northeast corner of Beach Blvd. and Terry Drive). Acting Chairman Evans stated that this request is Categorically Ex- empt, Class. 2B, California Environmental Quality Act, 1970. Secretary Godfrey informed the Board that subject application was continued from the meeting of June 8, 1983 to allow the applicant sufficient time to work with the adjacent property owner(s) to see if a reciprocal driveway easement could be worked out so as to allow internal circulation between subject property and the adjacent shop- ping center property. The Public Hearing was opened by Acting Chairman Evans with Bunny Hayes and Scott Bell, both present to speak in favor of the application. Mr. Bell addressed the Board and stated that a Federal Express request has been sent to the owner(s) of the adjacent shopping center, to the north, requesting a reciprocal driveway easement but as of this meet- ing a response has not been received. Mr. Bell stated that as they were anxious to get started on their proposed building, and as he felt it would be quite awhile before they could consummate arrange- ments with the adjacent shopping center for a reciprocal driveway easement, they would be willing to enter into an irrevocable offer to provide reciprocal access and parking The Public Hearing was closed. -2- BZA 6/15/83 1 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Three Board discussion carried informing the applicant of the necessity of five (5) additional parking spaces lost by the increase in the width of the driveways which will have to be provided elsewhere on the subject site allowing the site to stand on its own. ON MOTION BY COOPER AND SECOND BY SMITH, USE PERMIT NO. 83-30 WAS CONDITIONALLY APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: USE PERMIT NO. 83-30 FINDINGS: 1. The use proposed will not be detrimental to the general welfare of persons residing or working in the vicinity. 2. The use applied for will not be injurious to property or improvements in the vicinity of subject use. 3. The granting of the Use Permit will not adversely affect the Master 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 May 18, 1983, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board for review and approval reflecting parking in accordance with Article 979 with both drive width approaches in accor- dance with Public Works Standards. b. An irrevocable offer to provide reciprocal access and parking to the shopping center to the north shall be offered. 2. The elevations received May 4, 1983 shall be the con- ceptually approved elevations. 3. All signage proposed shall be in conformance with Article 976 of the Huntington Beach Ordinance Code. 4. The following plans shall be submitted to the Secretary of the Board for review and approval: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and land- -3- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Four scaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material pro- posed to screen said equipment. AYES: Godfrey, Cooper, Smith, Evans NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 83-17 Applicant: Mr. Harlo V. Le Bard This is a request to permit a ten (10) foot front yard setback in lieu of the required fifteen (15) foot setback; a five (5) foot rear setback in lieu of the required ten (10) foot setback; and, a ten (10) foot front facing garage door setback in lieu of the required twenty-two (22) foot setback. The property is located at 308 California Street. The application was introduced by Acting Chairman Evans who in- formed all concerned that this request is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Secretary Godfrey stated that the subject property is located on California and Detroit Streets adjacent to a future proposed park. The lot is triangular in shape having an area of 4,100 square feet, Although there are several deficiencies in the setbacks the awkward configuration of the lot and its location adjacent to a proposed park site make the design of the footprint difficult to meet all of the setback requirements. The Board was informed of necessary findings allowing the Board to act favorably. The Public Hearing was opened by Acting Chairman Evans. Mr. Le Bard introduced himself to the Board. He stated that the subject property is comparatively level and triangular in shape with a public park approved for development to the rear of his property. Street improvements providing widening will require a dedication of a portion of the front of his property of approximately 3,000 square feet as his property is at the end of the street on the east side. There are only two properties on the east side of the street; his and one other which has been developed ten (10) feet from the property line for ninety (90) feet along California Avenue. He felt that by approval of his Conditional Exception it would al- low him normal development as enjoyed by the adjacent property. -4- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Five The Public Hearing was closed by Acting Chairman Evans. The applicants plan was reviewed by the Board Members taking into consideration the size of the proposed addition, the location of the proposed park, lot configuration and necessary setback requirements mandated by the code justifying the applicants hardship. ON MOTION BY SMITH AND SECOND BY COOPER, CONDITIONAL EXCEPTION NO. 83-17 WAS APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITIONAL EXCEPTION NO. 83-17 FINDINGS: 1. The granting of this Conditional Exception will not constitute a grant of special privilege inasmuch as the subject property is located adjacent to a future park site which may be used to off -set open space requirements. 2. The strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the subdivision. 3. The proposal to construct a dwelling unit would be consistent with what exists in the neighborhood. 4. The granting of a Conditional Exception will not be materially detrimental to the public welfare nor injurious to property in the same zone classification. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The plot plan and elevations received May 24, 1983, shall be the approved layout. 2. Detailed elevations shall be submitted and approved by the Department of Development Services prior to issuance of building permits. General Conditions: 1. That the curbcut proposed for the driveway be approved by the Department of Public Works. 2. An electrically operated garage door shall be provided at the facility. -5- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Six AYES: Godfrey, Evans, Smith, Cooper NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-24 Applicants: Greg Bennett & Steven Sladics The request is to permit a take-out food establishment (approx- imately 1,100 square feet). The subject property is located at 318 North Main Street (east side of street). Acting Chairman Evans introduced the applicants proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Secretary Godfrey informed the Board Members that certain uses are permitted in the C-3 Zoning District subject to approval of an Administrative Review Application by the Board of Zoning. The Board Members were given copies of three alternative parking layouts for their review. Mr. Godfrey suggested that Alternative Number One be the conceptually approved plan providing perpendicular parking and better circulation for the property with alley access along with the use of a reciprocal parking agreement with the ad- jacent property to the north. Alternative Number Two and Three would reduce the number of parking spaces by the use of perpendicular and side angle parking which are suggested alternatives should the applicant be unable to obtain a reciprocal parking agreement. Copies of the three alternative plans were given to the applicants for their review and discussion with the Board Members. The use of some of the parking spaces on the subject site by the neighbor next door was dis- cussed. Mrs. Doris Hicks, property owner, informed the Board that there has been no agreement made with the neighbor next door; that he is allowed to use the approximate seventy-five (75) feet for park- ing. Further, that her original plan, as submitted, could not be changed as Standard Oil has a well at the rear of her property and the City is putting in water lines with open space for turning access necessary for large trucks which she does not receive one dime for. She stated that her lot consists of 11,750 square feet with 5,000 square foot of building and 6,700 square feet of parking which was laid out exactly like the public parking lot across the street. She stated that she would not restripe her parking lot and was un- able to obtain a reciprocal parking agreement with her neighbor to the north. One of the applicants, Greg Bennett, addressed the Board and stated his concern with Alternative Number One. He felt that although parking was only increased by approximately one space with better -6- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Seven circulation and landscaping it would provide them loss of access from the alley onto the property. Further, that the property owner would be relinquishing her rights to her property on the easement area. He felt the original plan submitted should be approved for their use, by code definition, as six (6) parking spaces were pro- vided as required; that 400 square feet of the 1,100 square feet lease space of the building was for service closets, etc. and as they were proposing a fast food take-out restaurant'of actually 700 square feet, he felt four (4) parking spaces should only be required by code definition. He felt it highly impractical to put landscaping in the rear parking area felt to be a dismal area. Mrs. Hicks stated that her property has to remain the same; that she refuses to restripe the parking area eliminating all of the alternatives suggested. Mrs. Hicks was asked that if her original plan was used would she be willing to restripe, she stated "no". The leasee, Mr. Bennett, informed the Board that he would be willing to restripe. He was told by Mrs. Hicks that the lot would remain the same regardless of whether the building remains vacant or not. Considerable discussion ensued. ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 83-24 WAS APPROVED WITH THE FOLLOWING CONDITION: 1) That the parking lot configuration originally submitted be the approved layout dated May 20, 1983 and that all requirements of the Fire Department be met. There were two ayes (Evans & Smith) and two noes (Godfrey & Cooper). The motion failed. There being a split vote, the application was denied with the applicant being informed that additional time would be allowed for them to work out concerns of the Board with the property owner and reappear before the Board for a reconsideration. The applicant concurred. POSSIBLE REVOCATION OF HOME OCCUPATION PERMIT - 83-3 Applicant: Randall S. Burback, 21092 Greenboro Lane Acting Chairman Evans introduced the Revocation of Home Occupation Permit - 83-3; violation of Section 9730.36 (H) of the Huntington Beach Ordinance Code. Secretary Godfrey informed all concerned that the Board had at- tempted to contact Mr. Burback by mail advising him of the hearing within a reasonable length of time but that the letter came back from the Post Office marked "Undeliverable". The Board was going -7- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Fight to request that the Hearing be continued for one week but prior to opening of today's Hearing the Board was informed that Mr. Burback was notified of the Hearing and was present wishing to provide testimony as to why his Home Occupation Permit should not be revoked. Further, that as two telephone calls were received from neighbors who were informed the permit holder had not received proper notice of his hearing, that today testimony could be taken but the Hearing would have to be continued to the meeting of June 22 to allow other interested parties informed of continuance an opportunity to speak. Mr. Godfrey stated that the Staff of Development Services Depart- ment is requesting a revocation hearing persuant to Section 9730.42 of the Huntington Beach Ordinance Code to review the Home Occupation Application of Randall S. Burback, dba: Southland Services Unlimited, 21092 Greenboro Lane to determine whether such occupation may con- tinue. A Home Occupation Permit may extend from year to year provided no complaints have been received. When any Home Occupation has been conducted in violation of a condition(s) set out in Article 973, the Board may revoke its authorization to conduct such Home Occu- pation and order immediate cessation of the Home Occupation in ac- cordance with said article. Upon receipt of a complaint(s), the Board shall hold a Public Hear- ing to review the permit to determine if such Home Occupation should continue. The Board will conduct an Administrative quasi- judicial hearing on the matter and formal rules of evidence will apply. Two complaints have been received one in early April, 1983 and one on May 17, 1983. Don Shaw, Land Use Technician, spoke before the Board. He stated that in early April, 1983 a complaint was received that a large commercial truck was being parked on a slab along side of the driveway at 21092 Greenboro Lane. The complaint stated the truck left early in the morning and returned late in the evening. An inspection about 5 p.m. on April 4, 1983 revealed that a large truck was parked next to the drive. A letter was sent to Mr. Burback on April 6, 1983 informing him of the violation and further stating that he had three days to remove the truck from the property. A number of follow-up in- spections were conducted and the truck was not noted at any of those times. Another complaint was received on May 17, 1983 stating the truck was back and that Mr. Burback was operating a business from his home. A check of city records indicated that he does have a Home Occupation Permit for a delivery and maintenance service. -8- BZA 6/15/83 Minutes: H.A. Board of Zoning Adjustments June 15, 1983 Page Nine On May 18, 1983 another letter was sent to Mr. Burback informing him that he was violating his Home Occupation Permit by parking a truck at home and that any further violations would result in having the matter referred to the Board of Zoning Ajdustments for possible revocation of his Home Occupation Permit. Mr. Burback came into the office on May 24, 1983 and stated that his neighbors were reporting him because of a neighborhood feud and that he didn't use a truck in his business. He did not explain why it was gone all day, everyday. Mr. Burback was told it was a commercial vehicle and was illegally parked. An inspection of the property on May 26, 1983 about 11:30 a.m. re- vealed that the truck was again parked on the slab along side of his driveway, and was infact hanging over the sidewalk. The pic- tures which were taken were submitted to the Board Members for their review. Acting Chairman Evans opened the Public Hearing to testimony in- forming all concerned that the matter would be continued for one week. Randy Burback introduced himself to the Board. He stated that he has a landscaping service for which his commercial vehicle is used. He stated that he had been cited by the Parking Control �n our City for allowing his truck to overhang on the sidewalk. He stated he has complied with their request and this has not happened since he was informed of the violation. Mr. Burback was informed that the matter before the Board of Zoning is that a commercial vehicle or equipment used in conjunction with the occupation shall not be parked overnight on the street or kept in his yard area of his premises. Mr. Burback stated that he has a one -ton unmarked van truck similar to a small RV. He felt that because of personal problems with his neighbors that this was their way of getting back at him. Further, that if he has to remove his van from his premises all of the other commercial vehicles in the City should have to be removed from their premises at night. He stated that he also works on a temporary basis for Montgomery Ward delivering and servicing waterbeds which are not stored in his fully enclosed van truck; that once in awhile he employs an individual to help him who happens to leave his parked car in front of his home. The permit holder stated that if he did not have a Home Occupation Permit he could park his truck in his yard which is not oversized should he wish to. Duane Weiss, 21092 Greenboro, Gary Allen Brown, 21102 Greenboro Lane, Harvey Bossenoff, 21091 Greenboro Lane, Linda Eileen Jovanovic, a neighbor, Delvin and Robin Whitney, 21081 Greenboro Lane all addres- sed the Board. They felt that Mr. Burback's truck was not a problem, that the problem was created by a personal feud between Mr. Burback and the Ceres family. They felt that he was a wonderful neighbor and a good citizen who works very hard. -9- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Ten The Public Hearing was closed to be reopened at the Board Meeting of June 22, 1983. Discussion carried between the Board and the applicant with regard to storage of his truck at an appropriate location off -site comply- ing with the condition of his Home Occupation Permit. Mr. Burback felt that possibly he would have to give up his Home Occupation Permit as this was his only mode of transportation and financially could not afford to pay for storage but he would see what arrangements could be made. ON MOTION BY GODFREY AND SECOND BY SMITH, POSSIBLE REVOCATION OF HOME OCCUPATION PERMIT - NO. 83-3 WAS CONTINUED TO THE MEETING OF JUNE 22, 1983. AYES: Godfrey, Evans, Smith NOES: Cooper ABSTAIN: None USE PERMIT NO. 83-37 Applicant: William R. Ellis To permit 4th of July Festivities from 12:00 to 4:00 p.m. at 2205 Main Street (west side of street). The special event was introduced by Acting -Chairman Evans. Mr. William Ellis was present to speak in behalf of his application and stated there would be no display of fireworks. The Board reviewed the proposal and advised Mr. Ellis of necessary permits, insurance, etc. as outlined in the following Conditions of Approval: ON MOTION BY COOPER AT?D SECOND BY SMITH, USE PERMIT NO. 83-37 WAS GRANTED WITH CONDITIONS OF APPROVAL AND VOTE FOLLOWING: USE PERMIT NO. 83-37 CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF PERMITS: 1. The plot plan received June 13, 1983, shall be the conceptually approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. Prior to the operation of any equipment used in conjunction with the "special event", the City shall inspect to insure that the State of California - OSHA Certification is current. 4. A certificate of insurance form shall be filed in the Admin- istrative Services Department in an amount deemed necessary -10- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Eleven by the Public Liability Claims Coordinator along with a Hold Harmless Agreement executed by the 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 prior to the event. Fire access lanes shall be maintained. 7. An on -site inspection by the Fire Department may be required prior to the event. 8. Appropriate temporary signs for the direction of traffic and on -site parking shall be provided by the applicant. The signs, location and content to be as required by the Traffic Division of the Police Department. 9. If applicable, the applicant shall submit to the Police Depart- ment a request to operate "games of chance" for their review and approval prior to the event. 10. The applicant shall provide for clean-up of the area after closing of the event. 11. Any outside cooking facilities shall be approved as to type and location by the Fire Department prior to the event. AYES: Godfrey, Cooper, Smith, Evans NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 83-557 (Originally approved April 6, 1983) Applicant: Hartge Engineering In Conjunction With USE PERMIT NO. 83-23 (Originally approved May 16, 1983) Applicant: Eric F. P4ossman Original T.P.M. Request: To permit consolidation of two (2) parcels into one (1) parcel. Original U.P. Request: To permit construction of a ten (10) unit 3-Story Apartment Complex, each unit approx. 1,036 sq. ft. and to construct ten (10) single -story garages. Property located at 2502 Yorktown Avenue (Northeast corner of York- town and Huntington). -11- BZA 6/15/83 Minutes: H.B. Board of Zoning Adjustments June 15, 1983 Page Twelve Secretary Godfrey stated that rehearing is for the purpose of modi- fying an easement line and a reduction of 30 ft. to 20 ft. to accom- modate a larger building. Upon the Boards review of the plans submitted it was the consensus of all of the Board Members that the requested change should be approved on Tentative Parcel Map No. 83-557 as follows: ADDITIONAL REQUEST APPROVED ON JUNE 15, 1983: The requirement for the easement will extend northerly seven and one-half (7-1/2) feet north of the existing water line rather than the whole right of way as shown on the Tentative Parcel Map. This change shall be made by the Design Engineer on the final map to be presented to City Council for approval. In addition to notifying, the engineer to make the change on the final map to be presented to the City Council for approval. AYES: Godfrey, Evans, Smith, Cooper NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. &ak - Glen K. Godfrey, Secretary Board of Zoning Adjustments L -12- BZA 6/15/83