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HomeMy WebLinkAbout1983-10-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, OCTOBER 12, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vogelsang, Poe STAFF MEMBER PRESENT: Zelefsky , _ MINUTES ON MOTION BY EVANS AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang NOES: None ABSTAIN: Poe ABSENT: Lipps ON MOTION BY EVANS AND SECOND BY POE, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 14, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Evans, Poe NOES: None ABSTAIN: Godfrey, Smith, Vogelsang ABSENT: Lipps AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 83-50 In conjunction With USE PERMIT NO. 83-54 Applicant: Gerald Sy Golob, A.I.A. C.E. Request: To permit encroachment of five ft. into the required ten ft. setback from residential and parking spaces encroaching into ten ft. required landscape berm and two spaces with manuvering area off -site. Minutes: H.B. Board of Zoning Adjustments October 12, 1983 Page Two U.P. Request: To permit a 2,850 sq. ft. retail building. Acting Chairman Evans introduced both proposals and stated that the Conditional Exception is a Class. 5 and the Use Permit is a Class. 3, both Categorically Exempt under the California Environmental Quality Act of 1970. Staff stated that although the applicant is present wishing to discuss and receive feedback from the Board Members covering his plan, the applications .will have to be continued to the next board meeting as expansion to his original conditional exception request necessitates readvertising. The applicant and the Board informally reviewed the preliminary plan. Mr. Golob explained the changes. He stated that they did not feel comfortable with the parallel parking adjacent to the alley as originally planned. Further, that they incorporated staff's recommendation moving the building back to a zero setback on the rear property line. This change will provide additional. landscaping in addition to the Code required ten (10) ft. landscape berm. Mr. Golob stated that adjacent to the alley will be a decorative maintenance -free block wall. The applicant was informed that a stepdown on the wall was necessary for sight distance. The tile roofline treatment was discussed. It was noted that there was no overhang of the roof line at the rear of the single -story building with the front roofline achieving the appearance of residential. Mr. Golob was informed that "handicapped" parking was necessary. The applicant stated that on the revised plan this would be provided in addition to compact parking. The necessity of a "right -turn only" out of the alley was explained to Mr. Golob. Also, improvements to the alley were discussed. ON MOTION BY SMITH AND SECOND BY POE, AT THE APPLICANT'S REQUEST, CONDITIONAL EXCEPTION NO. 83-50 AND USE PERMIT NO. 83-54 WERE CONTINUED ONE WEEK, TO THE MEETING OF OCTOBER 192 1983, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Poe, Vogelsang NOES: None ABSTAIN: None ABSENT: None ADMINISTRATIVE REVIEW NO. 83-63 Applicant: Harry Finigan To permit the use of twenty-nine (29) balloons and sixteen (16) spot lights above Unit B, located at 7171 Warner Avenue - Bldg. E, for- a grand opening and anniversary sale advertising. 1 Minutes: H.B. Board of Zoning Adjustments October 12, 1983 Page Three Acting Chairman Evans introduced the proposal stating that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Staff reiterated that this application was continued from the Board Meeting of October 5, 1983, as the Conditions to be imposed were substantially different than the applicant's request. It was felt that the applicant, or a representative, should be given another opportunity to be present to outline their views and concurrence with the Conditions to be imposed felt to be appropriate by the Board for this type of event. There was no one present to represent the application. Staff informed the Board that the applicant was notified of the continuance from the meeting of 10-5-83 to today's meeting. Board discussion carried on the Code requirements for this type of an event, the fact that Land Use had been notified of the violation created by the applicant proceeding prior to obtaining City approval, additional conjectural Conditions to be imposed, etc. - After considerable discussion, it was the feeling of the Board Members that Administrative Review No. 83-63 should be denied as outlined in the reasons for denial listed below. ON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 83-63 WAS DENIED WITH REASONS FOLLOWING, SUCCEEDED BY VOTE: REASONS FOR DENIAL Administrative Review No. 83-63 was denied by the Board of Zoning Adjustments based upon the following reasons: I. The applicant proceeded with the display prior to obtaining a permit in violation of Section 9432.3 of the Huntington Beach Ordinance Code. 2. The applicant failed to respond to two (2) notices from the Board of Zoning Adjustments requesting representation at the Board Meetings of October 5 and 12, 1983. 3. Inasmuch as the balloons and search lights have been in place for approximately forty-five (45) days, further display has been denied by the Board of Zoning Adjustments. 0 Minutes: H.B. Board of Zoning Adjustments October 12, 1983 Page Four AYES: Evans, Smith, Poe, Vogelsang NOES: None PRESENT: - ~ - Godfrey - - ABSTAIN: None TENTATIVE PARCEL MAP NO. 83-575 Applicant: Susan Williams/Lori Watts Acting Chairman -Evans introduced- the- proposal stating that this request is Categorically Exempt, Class. 15, California Environmental Quality Act, 1970. Suggested findings and conditions were relayed to the Board by staff. Upon the Board's review of the parcel map it was noted that the width of the legally nonconforming lot was only forty-nine (49) feet in lieu of the Code requirement of sixty (60)-feet in width. The Board had concern -whether or not a variance -would have to be filed in conjunction with the parcel map since the lot was substandard in width. It was felt that prior to the Board approving the parcel map, evidence from the property owners should be received demonstrating that the lot was -subdivided prior to 1946 eliminating the necessity of a variance. Additionally, the applicants were not present to acknowledge receipt or their concurrence with the Conditions to be imposed as required by State law. ON MOTION BY SMITH AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 83-575 WAS CONTINUED ONE (1) WEEK, TO THE BOARD MEETING OF 10-19-83, BY THE FOLLOWING VOTE: - - - - AYES: Godfrey, Evans, Smith, Poe, Vogelsang NOES: None ABSTAIN: None ABSENT: None THEIR BEING NO FURTHER -BUSINESS, THE MEETING WAS ADJOURNED TO MONDAY, OCTOBER 17, 1983, AT 10:00 A.M. Glen K. Godfrey; Secretary Board of Zoning Adjustments