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HomeMy WebLinkAbout1983-08-31I I MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, AUGUST 31, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vogelsang, Vincent STAFF PRESENT: Zelefsky MINUTES: ON MOTION BY VINCENT AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF AUGUST 3, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vogelsang, Vincent NOES: None ABSTAIN: Evans MINUTES: ON MOTION BY VINCENT AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF AUGUST 10, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None AGENDA ITEMS CONTINUED: TENTATIVE PARCEL MAP NO. 83-561 (Continued from 6/22/83) Applicant: M. Petyo & Associates 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. Subject property is located at 7631 Commodore Circle. Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Two Secretary Godfrey stated that City Council heard the matter at their August 22, 1983 meeting continuing the application for sixty (60) days to their meeting of November 7, 1983. Further, that the Board was in receipt of a letter from the property owner (Mr. Martin Settles) stating his concurrence with the sixty (60) day continuance. ON MOTION BY SMITH AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 83-561 WAS CONTINUED TO THE BOARD OF ZONING ADJUSTMENTS MEETING OF NOVEMBER 9, 1983, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vogelsang Vincent NOES: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 83-44 (IN CONJUNCTION WITH ADMINISTRATIVE REVIEW NO. 83-55) Applicant: Mazzotti's Italian Foods C.E. Request - To permit a reduction in parking stall size from 9 ft. to 8 ft. 4 in. A.R. Request - To permit an expansion of an existing restaurant with valet parking. Subject property is located at 412 Walnut Street (near intersection of Main and 5th Street). Acting Chairman Evans introduced the proposal and stated that the conditional exception is a Class. 5 and the administrative review is a Class. 3, both Categorically Exempt, California Environmental Qual- ity Act, 1970. Secretary Godfrey stated that staff is recommending approval of both applications and outlined suggested findings and conditions for ap- proval. Staff informed the Board Members that the applicant is requesting joint use of parking - night time versus day time use. The applicant has entered into a lease agreement for a four (4) year period with property owners located at 217 and 205 Main Street. The stall di- mensions comply with compact car standards. The public hearing was opened on both applications. Mr. Mazzotti and his son informed the Board that the second floor expansion is to accommodate comfort prior to dining for their cus- tomers requiring additional parking. He said there is an average -2- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Three wait of one hour before dining. There is no place for their customers to wait except in the aisles or outside on the sidewalk. Mr. Mazzotti stated that he has already contacted the Health Department who is sup- portive of their expansion. Their restaurant has a beer and wine li- cense and, in the seven (7) years in Huntington Beach, they have never had trouble with minors; they respect and honor the laws of the State of California. The applicant was informed of the Fire Department's requirement for total sprinkling or use of a fire escape. Further, that an ad- ditional exit will be required using stairs and that the building will have to meet the earthquake standards. The public hearing was closed by Acting Chairman Evans. ON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 83-44 (IN CONJUNCTION WITH ADMINISTRATIVE REVIEW NO. 83-55) WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITIONAL EXCEPTION NO. 83-44 FINDINGS: 1. Due to the temporary nature of the proposed parking facility, coupled with the fact that the stall dimensions comply with compact car standards, the granting of Conditional Exception No. 83-44 would not constitute a special privilege inconsis- tent upon other properties in the vicinity and under an iden- tical zone classification. 2. Due to the irregular shape and narrowness of the proposed parking facility to the east of the subject site, 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 classification. 3. The granting of Conditional Exception No. 83-44 is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the 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 No. 83-44 will not adversely affect the Master Plan of the City of Huntington Beach. -3- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Four CONDITION OF APPROVAL: The conceptual plot plan received August 11, 1983 shall be the approved layout. AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None ON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 83-55 (IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 83-44) WAS GRANTED'WITH CONDITIONS OF APPROVAL FOLLOWINGp SUCCEEDED BY VOTE: ADMINISTRATIVE REVIEW NO. 83-55 CONDITIONS OF APPROVAL: 1. The site plan and floor plan dated August 11, 1983 shall be the approved conceptual layout. 2. Prior to issuance of building permits, the applicant shall sub- mit to the Secretary of the Board for review and approval a copy of the recorded joint parking agreements which are necessary to satisfy the required parking for the restaurant. 3. Prior to issuance of building permits, the applicant shall enter into an agreement with the City of Huntington Beach which will provide the restaurant with the required number of parking spaces at the time a parking assessment district is formed for the Down- town Redevelopment area. Said agreement shall be filed with the Department of Development Services and City Clerk. 4. The restaurant shall comply with all applicable provisions of the Huntington Beach Fire Code. 5. The structural revisions proposed by the applicant shall be sub- mitted on an additional revised plan to the Secretary of the Board for review and final approval prior to occupancy. AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None -4- BZA 8/31/83 1 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Five CONDITIONAL EXCEPTION NO. 83-47 (IN CONJUNCTION WITH TENTATIVE PARCEL MAP NO. 83-572) Applicant: David P. Oddo C.E. Request - To permit a reduction in setback from the required ten (10) ft. to five (5) ft. Subject property is located 815 Main Street (west side of street). Acting Chairman Evans introduced the conditional exception and stated that the applicant's request is Categorically Exempt, Class. 5, California'Environmental Quality Act, 1970. Staff outlined the applicant's request stating that a single-family dwelling presently exists in the front of the applicant's property built in the early 19201s. A two car garage was later constructed, by permit, using nonconforming setbacks. The applicant is proposing to add a duplex, a two car garage and is requesting approval between structures of five (5) ft. in lieu of code requirement of ten (10) ft. necessitating the conditional exception variance. The applicant pre- ferred not to file a use permit application due to the nonconforming garage. For the Board's consideration, the possibility of connecting the structures with a breeze way between them making all structures continuous eliminating the necessity for a conditional exception var- iance was discussed. It was stated that a preliminary plan check revealed that the balcony would have to be shortened in width from six (6) ft. to five (5) ft. and that, per code requirements, access to the proposed duplex would have to be taken from the adjacent alley with the main dwelling tak- ing access off of Main Street. Further, that two and one-half (2z) ft. of alley dedication would be required. The public hearing was opened by Acting Chairmen Evans. Mr. David Oddo addressed the Board stating that alley dedication and shortening the width of the balcony would be no problem. The Board questioned Mr. Oddo on the attachment of all structures. He stated he did not feel it a major problem to have the structures connected. The Fire Department expressed their concerns with connected structures should a fire break out allowing it to spread from building to build- ing in addition to the added cost for connection of all structures. Louis Derigo, 807 Main Street, addressed the Board. He felt that the proposed addition would fill up the applicant's lot and deprive his property of privacy. -5- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Six Mr. Ernest Oddo, David's father, addressed the Board. He informed the -Board that his son is proposing use of the property in compli- ance with the existing R-2 zoning. The public hearing was closed. It was the feeling of all of the Board Members that as the appli- cant's property is located in an area wherein many properties are nonconforming as to setback requirements between property lines, with ingress and egress problems being very impractical, by approv- ing subject conditional exception inconsistency would not be estab- lished and would allow the applicant to use his property to the full extent of the zoning ordinance. ON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 83-47 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITIONAL EXCEPTION NO. 83-47 FINDINGS: 1. The granting of the conditional exception will not constitute a grant of a special privilege inconsistent upon other prop- erties in the vicinity and under identical zone classifications. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of a conditional exception will not be materially detrimental to the public welfare nor injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The applicant shall submit a revised plan to the Secretary of the Board for review and approval which reflects the following: a. The balcony shall be cut back from six (6) feet to five (5) feet from the alley. 2. The applicant shall dedicate 2-1/2 feet to the alley prior to issuance of permits. -6- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Seven AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 83-572 (IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 83-47) Applicant: David P. Oddo To permit lot consolidation; elimination of lot line between two (2) lots. Subject property is located at 815 Main Street'(west side of street) . Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 15, California Environmental Quality Act, 1970. Staff informed the Board Members that the applicant, as of this hearing, has not provided all the necessary requirements for a pos- sible waiver of the parcel map'and-with the appl'icant'.'s concurrence a one week extension of time is being requested. ON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-572 WAS CONTINUED ONE WEEK, TO THE MEETING OF SEPTEMBER 7, 1983, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 83-48 Applicant: Jack & Amy Hsieh To permit a swimming pool security fence to encroach forty-one (41) ft. into fifty (50) f t. front setback and sight angle encroachment. Property is located at 18112 Beach Boulevard (corner of Sterling Avenue and Beach Boulevard). Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Staff reiterated that on July 20, 1983 the applicant appeared before the Board of Zoning and was granted approval for a thirty-six (36) unit motel. One condition of approval was that a revised plan be submitted to the Secretary of the Board depicting redesign of the turnaround at the rear of the property. In an attempt to comply with this condition, the applicant redesigned his plan locating the swimming pool in�the-front area complying with the building code requirement that a -7- BZA 8/31/83 Minutes: August 31, Page Eight H.B. Board of Zoning Adjustments 1983 security fence is requesting a fifty (50) ft. quirement. (five (5) ft. in height) be constructed. The applicant variance for encroachment of nine (9) ft. into the setback and sight angle to meet the Building Code re - Staff informed the Board that the applicant's new revised site plan includes an additional four (4) units of which the Board cannot act on as an administrative review application is necessary for approval covering the increase in units. Additionally, the applicant added an office changing original circulation. Acting Chairman Evans opened the public hearing. Mr. John Wu, AIA for the -project, addressed the Board. He informed the Board Members that they were unaware of the correct procedure for filing of an entitlement. The services of the planning staff were offered to the applicant. Mr. Wu was informed that the action to be taken by the Board at today's hearing would only cover the sight angle encroachment and the encroachment of the security fence into the front yard. The public hearing was closed. Findings and conditions for approval were discussed. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 83-48 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: CONDITIONAL EXCEPTION NO. 83-48 FINDINGS: 1. In order to facilitate circulation for the proposed motel coupled with the fact that the lot is narrow in width, 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 classification. 2. Because of the special treatment which will be given to the fencing around the pool the approval of a sight -angle encroach- ment will not constitute a grant of special privilege inconsis- tent upon other properties in the vicinity and under an identi- cal zone classification. 3. The granting of Conditional Exception No. 83-48 is necessary to preserve the enjoyment of one or more substantial property rights. ,n8- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Nine 4. The granting of a conditional exception will not be materially detrimental to the public welfare nor injurious to property in the same zone classifications. 5. The granting of the Conditional Exception No. 83-48 will not adversely affect the Master Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The security "fencing" for the swimming pool in the front yard shall be of "wrought iron" material or some comparable material to be approved by the Secretary of the Board. An elevation of said fencing shall be submitted to the Secretary of the Board prior to issuance of building permits. 2. The approval of Conditional Exception No. 83-48 shall be only for the sight angle encroachment and the encroachment of the fence into the front yard. The site plan is not part of this conditional exception approval. 3. All previous conditions approved on Administrative Review No. 83-34 shall be applicable to the subject entitlement. AYES: Godfrey, Evans, Smith, Vogelsang Vincent NOES: None ABSTAIN: None USE PERMIT NO. 83-36 Applicant: Burger King, c/o Bob Wong To permit the expansion of existing building and location of play- ground. Subject property is located at 16341 Beach Boulevard. Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt,Class. 3, California Environmental Quality Act, 1970. Staff informed the Board Members that basically the applicant's re- quest is an expansion in two (2) areas; (1) additional seating in the outdoor area in the front of the restaurant with a playground -and (2) a proposed storage area in the rear. The applicant's plan in- dicates redesign of their drive-thru window towards the rear of the property. It was noted that under the new parking standards, the applicant is short nineteen (19) parking spaces, that when the ap- plication was originally submitted under the previous code require- ment for parking he was short eight (8) parking spaces. Open space and landscaping requirements meet the requirements of the Ordinance Code. -9- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Ten The public hearing was opened by Acting Chairman Evans. There was no one present from Burger King to speak on the application. Mr. Ron E. Lucero addressed the Board. He stated that he is the owner of the office building located on the south side of the Burger King restaurant. He informed the Board Members that the wall surrounding the subject property shown as six (6) ft. does not run the full length of the property at six (6) ft. only to the face of the Burger King restaurant. He felt that it was approximately three (3) ft. in height commencing from the middle of the property to the rear of the property. He stated that Burger King customers park in his parking lot leaving their trash behind. Mr. Lucero stated that he had not had a chance to check into the ownership of the wall, that there was a possibility of it being a common wall. He felt that the wall should be increased to a six (6) ft. height on the entire south side with wrought iron material providing security at night. Poncho Martinez addressed the Board. He is the owner of six (6) single unit apartments located west of the Burger King property to the rear. He felt that parking for the restaurant is inadequate and noise created by the drive-thru was a problem for his tenants. The public hearing was closed by Acting Chairman Evans. Concerns of the Board were discussed e.g., noise,turnaround and stacking in drive-thru area, parking, etc. ON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO, 83-36 WAS CONTINUED ONE WEEK, TO THE MEETING OF SEPTEMBER 7, 1983, ALLOWING THE APPLICANT AN OPPORTUNITY TO SPEAK ON HIS BEHALF COVERING THE BOARD'S CONCERNS. AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None MISCELLANEOUS ITEMS: USE PERMIT NO. 81-34 Applicant: Robert E. Jarrard To permit a one year extension of time. Original request is to permit construction of an 11,400 sq. ft. office building in an R-5 zone. Subject property is located at 7901 Kartron (north side of Kartron). -10- BZA 8/31/83 Minutes: H.B. Board of Zoning Adjustments August 31, 1983 Page Eleven Secretary Godfrey explained that this is the applicant's second re- quest for an additional one year time extension on the subject ap- plication allowed by Code. ON MOTION BY SMITH AND SECOND BY VOGELSANG, AN ADDITIONAL ONE YEAR EXTENSION OF TIME WAS GRANTED BY -THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 81-584 Applicant: Pace Engineering, Inc. To permit a one year extension of time. Original request is to permit conversion of an existing medical complex into condominium units. Subject property is located at 8041 Newman Avenue. The subject request is Categorically Exempt, Class. 3, California Environmental Quality Act, 1970. Secretary Godfrey explained that the applicant is basing his request for a one year extension of time upon a financial hardship created by present monetary and market conditions. The Board concluded that a practical difficulty exists sufficient to justify granting of the requested one year extension of time. ON MOTION BY SMITH AND SECOND BY VOGELSANG, TENTATIVE PARCEL MAP NO. 81-584 WAS GRANTED A ONE YEAR EXTENSION OF TIME BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. AL4�;�9� Glen K. Godfrey, Secretary Board of Zoning Adjustments -11- BZA 8/31/83