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HomeMy WebLinkAbout1983-09-07 (6)MINUTES" HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, SEPTEMBER 7, 1983 - 1:30 P-,M. P - P P LA P BOARD MEMBERS: Evans, Smith, Lipps, Vogelsang, Vincent STAFF PRESENT: Zelefsky MINUTES: ON MOTION BY VOGELSANG AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF AUGUST 17, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Lipps, Smith, Vogelsang NOES: None ABSTAIN: Evans, Vincent REGULAR AGENDA ITEMS: USE PERMIT NO. 83-36 (Continued from 8/31/83) Applicant: Burger King, c/o Bob Wong To permit the expansion of -an existing building and location of playground.' Subject Property is located at 16341 Beach Boulevard. Acting Chairman Evans introduced the applicantts request. Staff reiterated that the subject hearing was continued from the Board meeting of August 31, 1983 to allow the applicant an opportun- ity to be present. The"applicant was informed that the public hear- ing was opened at the meeting of August 31, 1983 with testimony taken from two (2) adjacent property owners. Their concerns were summar- ized and relayed to the applicant. Mr. Wong was informed that the property owner of theltwo-story apartment complex located to the west of the restaurant expressed concern for his tenants with regard to noise possibly to be created by the proposed use of a drive-thru speaker box to be located on the west side of the property. Further, that there were parking problems with people driving cars on to his property. The property owner of the office building located to the Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Two south of the restaurant complained of trash accumulation on his property created by the restaurant's clientele, that customers of the restaurant were using his lot for parking and felt some of the problems could be alleviated if the block wall between the two (2) properties was increased in height to a maximum of six (6) ft. in lieu of the code requirement of forty-two (42) inches in height for a distance of fifty (50) ft. from the front property line. It was noted that the change in zoning regulations (effective August 31, 1983) increasing parking was enacted after the application was filed. The site is nineteen (19) parking spaces short based on 'the new ordinance. It was further stated that if parking was calculated just for the addition, the parking requirements would be met. The public hearing was re -opened by Acting Chairman Evans. Mr. Wong addressed the Board. He felt that the concerns of the neighbors could be remedied by use of additional trash receptacles on the restaurant site for people eating in their cars. The appli- cant was informed by the Board that he could raise the wall from thirty-six (36) inches to forty-two (42) inches in height using possibly a wrought iron treatment as a deterent for people who climb over the wall. Additionally, the wall would have to completely sur- round the property. Mr. Wong stated that the proposed addition to the restaurant will not change the appearance, that the only change is to the interior building lines. The problem with the location of the proposed speaker box was outlined to the applicant with sug- gestions,by the Board as to different types of devices available which would attenuate noise to the residential area. The applicant was informed that existing signage can not exceed the twenty (20) ft. height limitation. The public hearing was closed by Acting Chairman Evans. Conditions for approval were discussed. ON MOTION BY VINCENT AND SECOND BY -SMITH, USE PERMIT NO. 83-36 WAS GRANTED WITH CONDITIONS FOR APPROVAL AND VOTE FOLLOWING: USE PERMIT NO. 83-36 CONDITIONS OF APPROVAL: 1. The site plan dated August 16, 1983 and floor plan shall be the approved conceptual layout. 2. The applicant shall provide trash receptacles along the block wall constructed on the south side of the property. 3. Prior to issuance of building permits, the applicant shall sub- mit to the Secretary of the Board for review and approval, the 1 -2- BZA 9/07/83 Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Three design and sepcifications for the drive-thru speaker system. Said system shall be of a passive type design, i.e., where there is no audible message. 4. The restaurant shall meet all applicable provisions of the Huntington Beach Fire Code. 5. If the existing block wall along the south side of the property is less than forty-two (42) inches in height, it shall be raised to forty-two (42) inches in height with wrought iron treatment. 6. Existing signage shall be brought into conformance with Article 976 of the Huntington Beach Ordinance Code. AYES: Lipps, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang TENTATIVE PARCEL MAP NO. 83-572 (Continued from 8/31/83) (In conjunction with Conditional -Exception No. 83-47 - Approved) 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. The Board, Members reviewed the plat.map as submitted by the applicant for the tenta tive parcel map waiver procedure. It was -noted that all dedications and improvements were made. It was the concensus of all the Board Members that the applicant;ls plat map complied with all necessary provisions of the Ordinance Code pursuant to area, improvement and design, flood water drainage control, appropriate.improved public roads, -sanitary disposal facil- ities, water supply availability, environmental protection,.etc. allowing the wai.ving-of a final parcel map. ON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-572 WAS APPROVED WITH FINDINGS, CONDITIONS FOR APPROVAL AND VOTE FOLLOWING: TENTATIVE PARCEL MAP NO. 83-572 (In conjunction with Conditional Exception No.-83-47 - Approved) FINDING: .The Board of Zoning Adjustments has found that the proposed lot -3- BZA 9/07/83 Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Four consolidation• -_complies with -Article 992: •of the Huntington Beach Ordinance Codd`-dnd-Section "66428--of --the-Subdivision--,Map Act allow- ing the waiver of a final parcel map. CONDITION OF APPROVAL: The applicant shall file with the County,,Recorder',s Office a Certificate of Compliance in conjunction with the•approved plat )W map. Said documents shall be filed with the Department of Develop- ment Services prior to issuance of building permits. AYES-e"------------ Lipps; ""Evans, Smith;--Vincent--- NOES: None ABSTAIN:- :None ABSENT* -_ Vogelsang CONDITIONAL7EXCEPTION-140. 83-43 (In conjunction with Administrative Review No. 83-50) Applicant: Slavko Bengin C.E. Request - To permit a, reduction in -front yard setback_f_rom ten (10) ft. to six_-(�6) ft. _adjacent to a •public utility easement. Acting;Secretary Lipps, introduced the request for the variance. He reiterated that the applicant applied for a conditional exception to allow encroachment into his front yard setback at the meeting of August •,J7 t.,.19.8.3. , .-When the Board reviewed the applicant's plan, Mr. . L+ (applicant)--Tndicated that he did not need the requested four (4) ft. wall, that he could construct a thirty-two (32) inch wall in front -of: his, --automotive :shop allowing_ _him >to -meet the code require- ment eliminating, -,the ;necessity_ of the;_conditional exception which he'-withdrew--WitY iri "a' -few -days -after -the hearing, Mr. Bengin came into•-the--office�withra; letter ,from,: -the owner ,of;:the property stat- ing -_that• -they required, him _to, -provide -,a..four M! ft. wall -'In. -the front yard setback. Mr. Lipps further stated that he +had been in touch with -the prop- erty.owner,-by.-telephone explaining the_code.requirement and -the fact: that .the,."Board_ ;;possibly may.notvapprove.ahe. requested, -variance. The -property. -owner felt Mr.-Bengin .(.tenant),.. should -,reappear-, before the Board --with-.this _ request. . _ • ._ _ The pub lic,_hear ing-.was,-opened., ,!t There being ,nog one ;present, to _ speak`in.. favor or opposition of the applicant'•s; request, the public, -hearing was closed. . 1 Bengin -4- BZA 9/07/83 1 Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Five It was stated by,Mr. Lipps that the property owner is insistent that the wall be four (4) ft. in height to prevent visual impact to the open bays of the automotive repair service. After considerable discussion, the Board Members were unable -to find hardship related to the property justifying the variance request for a forty-eight (48) inch screening wall. ON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTIONAL NO. 83-43 WAS DENIED WITH REASONS AND VOTE FOLLOWING: CONDITIONAL EXCEPTION NO. 83-43 (In conjunction with Administrative Review No. 83-50 - Approved) 1. No hardship related to property to allow for a forty-eight (48) inch screening wall to encroach into the front yard setback on Griffin Street. 2. A thirty-two (32) inch screening wall would suffice. 3. A forty-eight (48) inch screening wall would not improve the esthetics of the property nor meet the intent of the Huntington Beach Ordinance Code. AYES: Lipps, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 83-46 Applicant: Voeltz-Montero Associates To permit encroachment into required five (5) ft. setback from public easement. Subject property is located -at 9172 Carroltown. Acting Chairman Evans introduced the proposal stating that this re- quest is Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Staff informed the Board Members that on this particular piece of property there is a fifteen (15) ft. storm drain easement which runs along the west side of the property. Section 9960.2 (E) of the Hun- tington Beach Ordinance Code requires there be a setback of five (5) ft. from a storm drain easement. The applicant'is requesting to en- croach into the easement area with a kitchen addition. The public hearing was opened. There being no one present to speak in favor or opposition of the applicant's request the public hearing was closed. -5- BZA 9/07/83 Minutes: H.-B. Board of Zoning Adjustments September 7, 1983 Page Six The Board's -main concern was -the foundation load in.-relation'to the storm drain easement as outlined.on one of:the plans submitted by the applicant.. It was felt the applicant should be re -notified, giving him an opportunity to be present to outline his hardship and respond; to the concerns of -the -Board. - ON MOTION BY EVANS AND SECOND BY LIPPS, CONDITIONAL EXCEPTION NO. 83-46 WAS;CONTINUED •ONE WEEK, TO°THE MEETING -OF SEPTEMBER 14-1-1983, BY THE FOLLOWING VOTE: AYES: Lipps, Evans, Smith, Vincent ✓ NOES-:.: - ; None.- ABSTAIN:,-_ None--,,,,,.,-; ABSENT: Vogelsang CONDITIONAL -,.EXCEPTION NO. 83-49 Applicant: ,Vincent-D. Sabbatino To permit a 2 ft. 0 in. reduction in the required 19 ft. garage depth -and a ,. 9 , in . "reduction- in.: garage •.setback r Subject : property is - located- at,� 16041%iCraig Lane (west-- side -.of street) Acting Ch irmanv_Evans introduced the proposal stating that this request is -Categorically Exempt, Class: 51`Calif6rnia'Environmental Quality -:Act .:1970: -t _• - _ - -- _ _ Staff informed the Board that the applicant was issued a building permit for:.a,-;zoom,.-addition and---relocation-of--garage opening from,a side-to,_front entry. : When .the--:building-inspedtor,-was at- the. site, it was ,observed,:_that_--the- interior -,of the garagedid•hot have_'the-*correct dimension;;•„He;directed the applicant to file a variance for the two (2) ft. reduction in the garage depth -and twenty-one (21) ft. three (3) ••in. =-in lieu -of twenty-two-- (22)•::ft.:.front=yard -setback for the garage,,,,-;, The-publicc.hearing -was-opened by. Acting. Chairman' -Evans: - Mrs.--,•Sabbatino.-.addressed the -.Board. Sheastated that their second bedroom protrudes into their garage; that all the homes in Tract No. ,-;4324 .of ,-this particular model were .constructed' with this pro- trusion:into,,the,garage area,by-.-the,_developer.:-.-She-stated that many of her -.-neighbors have made this change. The public hearing -,was closed:: It was the concensus of all the Board Members that this variance providing parity should be granted. ON MOTION BY VINCENT AND -SECOND BY EVANS;-CONDITIONAL-EXCEPTION NO. 83-49 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: :7 -6- BZA 9/07/83 Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Seven CONDITIONAL EXCEPTION NO. 83-49 FINDINGS: 1. The granting of Conditional Exception No. 83-49 will not con- stitute a special privilege inconsistent upon other properties in the vicinity and under an identical zone classification be- cause the existing garage is able to accommodate a compact size parking space. In addition, the walls within the garage is an existing structure. 2. The granting of Conditional Exception No. 83-49 is necessary to preserve the enjoyment of one or more substantial property rights. 3. Due to the fact that the existing garage has been altered from a side entry garage to a front entry garage, the strict ap- plication of the Zoning Ordinance is found to deprive the sub- ject property of privileges enjoyed by other properties under the same zone classification. 4. The granting of Conditional Exception No. 83-49 will not be materially -detrimental to the public welfare nor injurious to property in the same zone classification. 5. The granting of Conditional Exception No. 83-49 will not,adverse- ly affect the Master Plan of the City of Huntington Beach. CONDITION OF APPROVAL: The conceptual site plan with elevations dated August 24, 1983 shall be the approved layout. AYES: Evans, Smith, Vincent NOES: Lipps ABSTAIN: None ABSENT: Vogelsang NEGATIVE DECLARATION NO. 83-31 (In conjunction with Administrative Review No. 83-51) Applicants: Mr. & Mrs. Rudolph Cienfuegos To permit a 5,663 sq. ft. tilt -up building. Property located on Sampson Circle (Lot 13). The Board reviewed the information contained in the negative dec- laration request and considered mitigating measures applicable to the project. -7- BZA 9/07/83 Minutes: H.B.-Board of Zoning -Adjustments September 7, 1983 Page Eight On motion -by Evans and second -by Lipps,-the Board --having found that the proposed project will not have a significant adverse effect on the physical environment, adopted Negative Declaration No. 83-31, with mitigating measures to be imposed on Administrative Review No. 83- 51-, by- the. following vote: AYES: Lipps,-,Evans, NOES: None ABSTAIN:- -None= ABSENT: Vogelsang Smith, -Vincent Acting'Chairman,-Evans introduced the proposal on Administrative Re- view.No:- 83=51.,- _-Staff informed: the=Board Members that the Code change has gone into effect since the application was re hasthe - City increasing -'landscaping for an :industrial. site within_.the front set- back from -six (6) .-ft. to ten (10) - ft. On Sampson. Circle there -is a four and -one-half_ (•4 2) ft. utility easement for future sidewalk pur- poses. The applicant was informed that a berm area should not be proposed, that -only a ground cover should be considered. Additionally, the applicant's plan was short sixty (60) sq. ft. of landscaping --for the 'total site---and:-was .short ,one; (-1)- parking space. r; C- Discussion'-carried-with the applicant on redesign of his project meet- ing current requirements. ON MOTION BY."EVANS AND SECOND BY SMITH, WITH THE APPLICANT'S CONCUR- RENCE, -ADMINISTRATIVE REVIEW NO. 83-51 WAS CONTINUED FOR TWO WEEKS TO'THE MEETING"OF-SEPTEMBER 21, 1983 TO ALLOW THE APPLICANT ADEQUATE TIME TO SUBMIT REVISED PLANS. AYES:-Lipps_,-Evans, Smith;- Vincent NOES: None =- . ABSTAIN: None ABSENT:- --Vogelsang NEGATIVE DECLARATION NO. 83-32__ (In -conjunction with -Administrative Review,No.-83-52)., Applicants:. Mr "'& Mrs. Marlyn Kinney To permit 'a 5;'663­ sq: ft. tilt -up -building: -Property_ located, on_ Sampson` -'Circle (Lot 14) . The-.Board-reviewed,.the information contained in the'negative.declara- tion-request-and considered -mitigating -measures applicable,to the project. _ - On motion by Lipps and second.by Evans, the Board having found that the proposed project will not have a significant adverse effect on the.physical.environment, adopted -Negative -,Declaration No. 83-32, with mitigating.,measu=es to be imposed on -Administrative Review No. 83-52, by the following vote: -8- BZA 9/07/83 Minutes: H.B. Board of Zoning Adjustments September 7, 1983 Page Nine AYES: Lipps, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang Acting Chairman Evans introduced the request for Administrative Re- view No. 83-52. Staff relayed information to the Board that Admin- istrative Review No. 83-52 is the exact plan, with the exception that this proposal is on Lot No. 14 on Sampson Lane, as the application (A.R. No. 83-51) heard prior by the Board. Mr. & Mrs. Kinney asked for a continuance of two weeks allowing ade- quate time to redesign their plan providing additional landscaping and parking. ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 83-52 WAS CONTINUED FOR TWO WEEKS, TO THE MEETING OF SEPTEMBER 21, 1983,BY THE FOLLOWING VOTE: AYES: Lipps, Evans, Smith, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang ADMINISTRATIVE REVIEW NO. 83-59 Applicant: John M. Rohrig To permit a 5,470 sq. ft. industrial building. Property located on Sampson Lane (104 ft. north of Reynolds Lane). Acting Chairman Evans introduced the proposal and stated that this request is Categorically Exempt, Class. 3; California Environmental Qtality Act, 1970. Staff informed the Board Members that due to the new Code requirement for landscaping, the applicant's plan entered with -the City prior to the Code change of August 31, 1983,is not in conformance with the Hunting- ton Beach Ordinance Code. The applicant is short four (4) ft. of land- scaping within the front setback necessitating removal of two (2) parking spaces adjacent to Sampson Lane. As the applicants plan• depicted two (2) parking spaces within the interior of the building he was informed of the necessity for striping within this area, that the building must be sprinklered and that a one -hour fire wall sep- aration was necessary. Mr. Rohrig stated that had he been notified of the Code change he would have designed his plan accordingly. �9- BZA 9/07/83 L•1111111. Go. L1. LJ. LVuiu V1_ uVaa.a.117 . —,--­'­ -- September 7, 1983 Page Ten ON MOTION BY EVANS AND SECOND BY SMITH ADMINISTRATIVE REVIEW NO. 83-59 WAS CONTINUED TWO (2) WEEKS, TO THE MEETING OF SEPTEMBER 21, 1983 WITH THE APPLICANTS CONCURRENCE, BY THE FOLLOWING VOTE: AYES: Evans, Smith, Lipps, Vogelsang NOES: Vincent ABSTAIN: None ABSENT: None _-- MISCELLANEOUS ITEM: REHEARING OF ADMINISTRATIVE REVIEW NO. 83-34 (Conditionally Approved - In conjunction, with Conditional -Exception No. 831-48) :_ Applicant-:- Jack & Amy Hsieh To permit a two-story thirty-six (36) unit motel building. Subject site -is located -at 18112 Beach- Boulevard. Staff -informed the -Board Members -that the -applicants had requested a h. review of their -.plan at today_-'s hearing -increasing -their project from -thirty-six (36) to forty-(40) units plus the addition of an office. Additionally, the turnaround area was to be approved by the Board. -= AS THERE.WAS-NO ONE PRESENT TO REPRESENT -THE APPLICATION, REHEARING OF ADMINISTRATIVE REVIEW NO. 83-34 WAS CONTINUED ONE (1) WEEK (APPLI- CANT'TO BE,CONTACTED)- TO THE !IEET.ING-OF.SEPTEMBER 14, 1983, BY THE FOLLOWING VOTE: _ AYES:- :.Lipps,-..Evans, Smith, Vincent, Vogelsang NOES: None ABSTAIN: - None , - ABSENT: None: THERE'BEING,,,NO,_FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Walter Lipps,-Acting Secretary Board of Zoning Adjustments -10- BZA 9/07/83