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HomeMy WebLinkAbout1983-11-02MINUTES HUNTINGTON BEACH $OARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, NOVEMBER 2, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby, Vincent STAFF MEMBER PRESENT: Zelefsky REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 83-30 (APPEAL) Applicant: The Huntington Partnership At the request of the Planning Commission at their October 18, 1983 Meeting, direction -was given that a meeting be arranged among City staff, the tenants of the project, -and the developer to discuss the proposed parking plan permitting installation of controlled parking systems for the existing retail/marina complex known as Peter's Landing (16400 Pacific Coast Highway). Thereafter, the applicant would be required to submit a revised, finished site plan and parking management plan back to the Board of Zoning Adjustments for review and report; this report to be submitted to the Commission to be taken into consideration'in its action on the appeal at the Planning Commission Meeting of November 15, 1983. The concern of the appellant, Mr. Ralph Saltsman representing the Red Onion, was such that although the Red Onion has no objections per se to a parking control plan, the condition imposed by the Board of Zoning Adjustments' action requiring that the parking management plan be submitted to the City for approval was of concern to them because there is no public hearing process available to assure participation by all interested and affected parties in the formation of that plan. Acting Secretary Lipps stated that staff members from'Development Services, Public Works and the Fire Department reviewed the original plan October 27, 1983, with Mr. John Cope who, in turn, integrated the input from these staff members into the proposed plan for presentation to the Board. All business owners of the Peter's Landing complex were noticed of today's hearing. Staff informed the Board that two telephone calls were received; one from Mr. Saltzman saying he would not be able to attend today's hearing and another from Mr. Dennis Tye, Vice -President of C. J: Fish & Company questioning whether or.not there would be a charge for parking. -The pro- posed validation was explained to Mr. Tye who stated he had no problem with the plan. Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Two Mr. Cope addressed the Board and stated that after the October 18th Commission Meeting he made numerous attempts to contact Mr. John Tiernan, Executive Vice -President of the Red Onion, who evidently was not agree- able to having a meeting as it was never scheduled. He did state they are basically opposed to controlled parking with no specific comments or issues associated with the proposal. They are just opposed to the concept. Mr. Cope gave a presentation on the revised plan incorporating maximization of the number of parking spaces available to patrons of Peter's Landing during periods of peak parking demand, control of non -patron usage of -the site during peak parking demand periods, and control to insure adequacy for Marina tenants and guest parking during peak season. Zack Glickman, business owner of Haagen-Dazs Ice Cream Shoppe, addressed the Board stating his concurrence with controlled parking felt to alleviate parking problems with the marina tenants, beach -goers, and employees. With all questions of the Board satisfied, the plan was unanimously approved by the Board with the stipulation that Mr. Cope prepare and submit, in narrative form, the mechanics of the plan for the Planning Commission's review at their upcoming meeting. ON MOTION BY LIPPS AND SECOND BY CROSBY, A REPORT IS TO BE PREPARED ALONG WITH THE REVISED SITE PLAN AND PARKING MANAGEMENT PLAN FOR SUBMITTAL TO THE PLANNING COMMISSIONERS FOR REVIEW AT THEIR NOVEMBER 15, 1983 MEETING: AYES: Lipps, Crosby, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 83-51 Applicant: K. W. Evans To permit an addition to encroach three (3) feet into the required ten (10) ft. setback. Subject property is located at 5401 Kenilworth. Acting Chairman Crosby introduced the applicant's proposal stating that this request, per Section 15105 of the California Environmental Quality Act of 1970, is categorically exempt. The public hearing was opened with Mr. Evans present to speak in behalf of his proposal. The Board questioned Mr. Evans as to whether or not his plan was to scale as the assessor's map showed the property to be 100 feet in depth rather than 114 feet as shown on the applicant's plan. The applicant felt it was to scale. It was explained to the applicant that if his lot is 114 ft. in.depth, with a front garage setback of 25 feet in lieu of the Code requirement of 22 feet, had the developer located the garage -2- BZA 11/2/83 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Three forward three (3) feet to the front property line, there would be justification for granting of the variance. The applicant felt it in his favor to request a continuance of his application to allow him time to recheck measurements preempted by his architect. The public hearing was closed by Acting Chairman Crosby. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 83-51 WAS CONTINUED ONE WEEK, TO THE MEETING OF 11/19/83, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO, 83-55 Applicant: Steven L. Johannes To permit a reduction of minimum open space dimension and area. Property located at 8672 Masters Drive. Acting Chairman Crosby introduced the proposal and stated that this request is categorically exempt, Class. 5, of the California Environmental Quality Act, 1970. Staff informed the Board Members that as the -applicant's dwelling was constructed in 1973, 1200 square feet of open space is required by Code with a 25 ft. minimum dimension which may be in two areas behind the front yard setback providing that, if the minimum dimension is in the front yard setback, a separation structure over 42 inches in height is required. The public hearing was opened with Mr. Johannes and Mr. Justin Domingo, A.I.A., present to speak in favor of granting their request. Mr. Johannes addressed the Board. He stated he felt that his addition consists of design -integrity and is congruent with the style and flow patterns of his existing structure. He stated that he was informed by staff that if he put a forty-two (42) inch high structure within his front yard setback he could meet the Code requirement for his minimum dimension (with no variance required) but objected to it. He felt that as he has a tremendous amount of open space in his rear yard and, if allowed to count the 4 x 7 square foot area tapering down on the west side of his property which is proposed for access into his dwelling, he could meet the minimum dimension required. The public hearing was.closed by Acting Chairman Crosby. Board discussion resulted,. taking into consideration the applicant's -3- BZA 11/2/83 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Four additional open space with one area having met the minimum dimension requirement, the possibility of considering the 4 x 7 sq. ft. area as usable space and the fact that the proposal to this single -story dwell- ing would not restrict the visual parameters of adjoining properties because of location. ON MOTION BY CROSBY, AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 83-55 WAS GRANTED, WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS: 1. Due to the fact that the subject property has Ia'total open space of 1,734 sq. ft. with one area having met the minimum dimension requirements, the granting of this conditional exception would not constitute a special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 2. 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 classifications because similar variances have been requested and granted on lots with similar configurations: 3. The granting of Conditional Exception'No. 83-55 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 vicinity. 5. The granting of Conditional Exception No. 83-55 will not adversely affect the Master Plan of the•City of Huntington Beach. - CONDITIONS OF APPROVAL: 1. The revised site plan dated October" 21, 1983, shall be the approved conceptual layout. 2. The proposed addition shall be architecturally compatible with the existing residence. AYES: Crosby, Vincent, NOES: Lipps ABSTAIN: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 83-52 In conjunction with USE PERMIT NO. 8-3-55 Applicant: Earl Mazzari -4- BZA 11/2/83 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Five C.E. Request - To permit a reduction in open space area and recreation area, to allow an 18 sq. ft. encroachment into the 25- foot corner cutoff, and to allow a 1.5 foot encroachment into sideyard aggregate setback for a room -addition to a building having nonconforming sideyard. U.P. Request: To permit construction of a room addition to building having nonconforming side yard. Both applications were introduced by the Chairman. Staff informed the board members of shortages relevant to development standards i.e. open space required - 1,560 sq. ft., proposed 1,338 sq. ft.; private recreation area required - 443 sq. ft., proposed 378 sq. ft.; exterior side yard required - 615", proposed 5 ft. and, additionally, an 18 sq. ft. encroachment into the corner cutoff. The public hearing for both applications was opened by Acting Chairman Crosby. Mr. Mazzari introduced himself to the Board. He stated that his lot does not conform with other lots in the Townlot Specific Plan being 39 x 100 ft. in length with no alley access for a garage. The plans submitted have been drawn to achieve parity conforming with the rest of the neighbor- hood. As the house stands, it is 60 plus years old with a small congested living room and kitchen. It has obsolete knob and tube wiring and a side venting floor furnace. He will be adding 111 sq. ft. to the living room and 84 sq. ft. to the kitchen which will make both rooms livable. He said a complete interior renovation is necessary stripping walls, replacing lumber, etc. He felt the proposed remodel and addition would provide conformance with the other homes in the area instead of a termite infested 60+ year old fire trap. He informed the Board that on the corner of Acacia and Tenth Street a similar addition was granted for.a dwelling having nonconforming side yard. There being no one else present wishing to speak on the matter, the_ public hearing was closed. Board discussion carried on the uniqueness of the applicant's lot -in that he does not have alley access impacting open space and his sideyard setback. It was noted that the sight angle encroachment into the corner cutoff consisted of a pop out window elevated two ft. above the ground level. Additionally, that the large trees presently located in the sight angle are proposed to be removed. It was felt that the applicant's hardship was created by the size of his corner lot which has restrictions from either street (Acacia and Nineth Street) as far as setbacks. ON MOTION BY VINCENT AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 83-52 (IN CONJUNCTION WITH USE PERMIT NO. 83-55) WAS APPROVED AS FOLLOWS: -5- BZA 11/2/83 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Six FINDINGS: 1. Due to the fact that the subject property is a corner lot and is only thirty-nine (39) feet in width,,the granting of Conditional Exception No. 83-52 would not constitute a special privilege incon- sistent upon other properties in the vicinity and under an identical zone classification. 2. Because the subject variance requests are minimal in nature, 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. 83-52 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 properties in the vicinity. 5. The granting of the conditional exception will not adversely affect the Master Plan of the City of/Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan dated October 14•, -1983, layout. shall'be the approved conceptual 2. The proposed addition shall be architecturally compatible with'the existing residence. AYES: Vincent, Crosby NOES: Lipps- ABSTAIN: None ABSENT: Vogelsang ON MOTION'BY CROSBY AND SECOND BY VINCENT, USE PERMIT NO. 83-55 (IN CONJUNCTION WITH C.E. NO. 83-52) WAS APPROVED AS FOLLOWS: FINDINGS: 1. The construction of a room -addition to an existing dwelling having a nonconforming sideyard will not be detrimental to the general welfare of persons residing or working in the vicinity nor injurious to property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 83-55 will not adversely affect the Master Plan of the City of Huntington Beach. -6- BZA 11/2/83 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Seven CONDITIONS OF APPROVAL: 1. The site plan and elevations dated September 29, 1983, shall be the approved conceptual layout. 2. Prior to issuance of any building permits on the subject property, the applicant shall file a parcel map consolidating all lots of Parcel No. 17. Said parcel map shall be recorded with the County of Orange Recorder's Office and a copy to be submitted to the - Department of Development Services. 3. Conditions imposed on Conditional Exception No. 83-52 shall apply. AYES: Crosby, Vincent NOES: Lipps ABSTAIN: None ABSENT: None ADMINISTRATIVE REVIEW NO. 83-65 Applicant: Hale Construction Company, Inc. To permit a new pool and locker room in parking lot. Subject property is located at 16242 Beach Boulevard (Sports Chalet). Acting Chairman Crosby introduced the proposal stating that this request, per Section 15103 of the California Environmental Quality Act of 1970, is categorically exempt (Class. 3). Staff reported that the applicant is proposing to install an elevated gunite swimming pool with lucite windows for viewing and a locker room to be used for diving instruction. The applicant was informed that prior to issuance of any building permits all -County Health Department clearances must be obtained. Further, that it could not be used as a public pool. Mr. Hale addressed the Board and outlined their proposal. They intend to use a hydraulic metal cover which, when activated, may be walked across. Mr..Hale was informed that the abandoned dump station shown on the plan would have to be capped off meeting Public Works requirements. The necessity for crash posts providing protection from vehicular traffic adjacent to the pool area was explained to the applicant. ON MOTION BY LIPPS AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 83-65 WAS APPROVED WITH CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. Prior to issuance of any permits for the swimming pool and locker room, the applicant shall submit to the Secretary of the Board all required approvals (stamped plans) from the Orange County Health Department. -7- BZA 11/2/83 Minutes: H,B. Board of Zoning Adjustments November 2, 1983 Page Eight 2. The pool area and locker room facility shall be secured when the Sports Chalet is not open to the public for business. Prior to use of the pool, a hydraulic pool cover shall be installed. 3. Prior to issuance of building permits,'the dump station -located adjacent to the swimming pool shall be abandoned -or capped off as required by the Public Works Department. 4. Metal crash posts shall be installed providing security to the public at locations deemed necessary by the Fire Department. 5. The conceptual plot plan received October 3, 1983, shall be the, approved layout. AYES: Lipps, Vincent, Crosby NOES: None ABSTAIN: None ABSENT: Vogelsang ADMINISTRATIVE REVIEW NO. 83-70 Applicant: Andrew J. Blaser To permit construction of a 4,800 square foot industrial building. Subject property is located on the east side of Sampson Lane north of Woodwind Drive.' Acting Chairman Crosby introduced the proposal and stated that this request is covered by Negative Declaration No. 78-21. Staff informed the Board Members that a preliminary -plan check covering the proposed project revealed that the plan substantially complies with Code requirements. The applicant -was questioned -on -the division, wall shown on his plan. Mr. Blaser outlined the planning concept for his building. He stated that the division wall is for occupancy separation providing a two - tenant building. The necessity of a twenty-seven (27) ft. minimum width driveway of radius type construction was explained to the applicant. ON, MOTION BY CROSBY AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO. 83-70 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL, SUCCEEDED -BY VOTE: CONDITIONS OF APPROVAL: 1. The site plan and elevations dated October 14, 1983, shall be the approved conceptual layout. 2. Prior to issuance of building permits, the applicant shall submit a detailed landscape and irrigation plan to the Department of Public Works and Development Services for review and approval. -8- BZA 11/2/83 1 Minutes: H.B. Board of Zoning Adjustments November 2, 1983 Page Nine 3. A rooftop mechanical equipment screening plan shall be submitted to_ the Secretary of the Board prior to issuance of building permits. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. 4. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, re- taining walls, streets and utilities. 5. If foil type insulation is to be used, a fire redtardant type shall be installed as approved by the Building Department. 6. The development shall comply with all applicable provisions of the Huntington Beach Fire Code. 7. All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of in an off -site facility equipped to handle them. 8. All applicable conditions imposed on Tentative Tract No. 11831 shall apply to this development. 9. The driveway width shall be a minimum of twenty-seven (27) feet and shall be of radius type construction. AYES: Lipps, Crosby, Vincent NOES: None ABSTAIN: None ABSENT: Vogelsang THEIR BEING NO FURTHER BUSINESS, THE BOARD ADJOURNED TO MONDAY, NOVEMBER 7, 1983 AT 10:00 A.M. tl�t/ • Walter Lipps, Acting Secretary -9- BZA 11/2/83