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HomeMy WebLinkAbout1984-09-05MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 5, 1984 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vincent, Vogelsang STAFF PRESENT: Pierce, Poe MINUTES: ON MOTION OF EVANS AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF AUGUST 15, 1984, WERE APPROVED AS TRAN-4 SCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None MINUTES: ON MOTION OF EVANS AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 1984, WERE DEFERRED TO THE MEETING OF SEPTEMBER 12, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None AGENDA ITEMS TO BE CONTINUED: None REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 84-50 (Continued from August 22, 1984) Applicant: M.U. and B.U. Patel To permit construction of a 35-unit motel with manager's living quarters. This request is covered by Negative Declaration No. 84-18. Susan Pierce reported that a Negative Declaration had previously been filed on this property and the Board will need to take action on that. This particular piece of property has been before the Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 2 Board many times and the unit count has changed from a 29-unit motel with manager's quarters to a 35-unit motel with manager's quarters. It is to be a three-story building, and the rear abuts a residential zone with the South wall abutting a commercial zone. The building has been relocated towards the South property line. It now meets the requirements with the exception of Parking Stall 13. It does not allow ample maneuvering space for backing up. Mr.,Smith expressed concern with much of the landscaping being placed on the perimeter and with drainage problems in those areas. Mr. Evans stated there was a storm drain along that side and water would drain to it. There was a general discussion concerning parking and Ms. Pierce stated they had ample parking space. Mr. Smith read the Conditions of Approval to the applicant's representative, Dana Blanchard, who stated he would accept the conditions. ON MOTION OF SMITH AND SECOND BY VINCENT, THE NEGATIVE DECLARATION WAS APPROVED WITH THE CONDITIONS OF ADMINISTRATIVE REVIEW NO. 84-50, BY THE FOLLOWING VOTE: AYES: Evans, Smith, Godfrey, Vincent, Vogelsang NOES: None ABSENT: None ON MOTION OF SMITH AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84-50 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL 1. The site plan, floor plans, and elevations received and dated September 4, 1984, shall be the approved layout. 2. Rental rates shall be limited to twenty-four (24) hour basis. 3. Prior to issuance of building permits, applicant shall file a parcel map to legally create the subject site. Said map shall be recorded prior to final inspection. As an alternative, proof of creation prior,to June 5, 1946, may be submitted. 4. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Develop- ment Services and Public Works for review and approval. -2- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 3 b. Rooftop Mechanical Equipment Plan. Said plan shall indi- cate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 5. Special architectural treatment shall be provided on the rear building wall. Such treatment is subject to approval by the Department of Development Services. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. Applicant shall pursue Cal Trans approval of radius type drive- ways on Beach Boulevard. 8. Driveway on Beach Boulevard shall have a minimum width of thirty feet (301). 9. Within the Northeast and South setback areas, low ground cover shrubs and twenty-four inch (24") box trees planted thirty feet (30') on center shall be installed. 10. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 11. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 12. Linen, supply and storage rooms are prohibited to be converted to rental units. 13. Any modification, expansion, or change of use or intensity shall be approved by the Board of Zoning Adjustments. 14. An easement for storm drain purposes shall be dedicated to the City of Huntington Beach. 15. Low -volume heads shall be used on all spigots and water faucets. 16. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them. 17. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All out- side lighting shall be directed to prevent "spillage" onto adjacent properties. -3- 9-5-84 - BZA Minutes, H. B. Board of Zoning.Adjustments September 5, 1984 Paqe 4 18. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Smith, Vincent, Vogelsang NOES: Godfrey, Evans ABSENT: None CONDITIONAL EXCEPTION NO. 84-48 Applicant: Master Remodelers To permit -an -addition to a single-family dwelling to encroach into the 10-foot rear yard setback on property located on the Northeast corner of Malibu Lane and Molokai -Drive. -- This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Susan Pierce -reported that this particular piece of property is located in a tract which was built in the early 60's. It is a reverse corner lot which means the applicant's back yard is some- one else's side yard. This -is -what the applicant is utilizing as their topographic hardship., However ; -we can only consider a hardship based on something -to do with the land, not-on,economics. This is a single family home and has a double car garage with side entry access. Most of the addition will run towards the middle of their neighbor's home. If this particular addition is built with a five foot (5') setback, there will only be ten feet (10') between buildings and five feet (51) between eave lines. You have reasons for denial based on no land related hardship and the fact they could add approximately seven feet (7') along Malibu; or you can find that they do have a hardship because they are on a reverse corner lot and the configuration of their existing home prevents them from adding on. Mr. Smith inquired into their lot coverage and Ms. Pierce stated the applicant has not exceeded his fifty percent (50%). In fact, there is.an area where a spa is located. The applicant submitted pictures for the Board to study. Ms. Pierce said Staff has not received any comments, either verbally -or in writing, -from the neighbors. The public hearing was opened, and Mike Mathis was present to represent Master Remodelers and Bob and Ann Hoff, owners. -4- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 5 Mr. Mathis stated that, because of the way the structure was placed on the lot, the rear yard setback prevents any use of this portion of the property with the ten foot (10') setback. The main area where the spa is located precludes any additional building and building on Malibu would cause a visual problem for the neighbor in backing out of his garage. We also studied the possi- bility of adding a second story but would be looking into neighbor's back yards. There were no other persons present to speak for or against the project and the public hearing was closed. ON MOTION OF EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-48 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Due to the fact that the existing dwelling is positioned on the lot in such a way as to provide the equivalent of two (2) front yards, 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 classification. 2. Because the subject property is a reverse corner lot, the granting of Conditional Exception No. 84-48 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 3. The granting of Conditional Exception No. 84-48 is necessary to preserve the enjoyment of one or more substantial property rights. 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 No. 84-48 will not adversely affect the Master Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted to reflect actual con- figuration of lot and five foot (51) rear setback measured from the eave line. -5- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 6 2. The addition shall be restricted to one story in height. 3. The addition shall be architecturally compatible with the existing structure. AYES: Evans, Godfrey, Smith, Vincent, Vogelsang._ NOES: None ABSENT: Nbne CONDITIONAL EXCEPTION NO. 84-49_ (Applicant: Tom Graham) To permit a fence to encroach four feet (41) into the required front yard setback for a single --family dwelling located on the South side of Venture Drive approximately sixty feet (60') Easterly of the intersection of Venture and Walrus Lane. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Susan Pierce stated that in 1982 the Board of Zoning Adjustments had approved a request similar to the applicant's to allow a fence at a ten foot (10' ) setback instead of the fifteen foot (15' ) set- back. The Coastal Commission has required these property owners to provide a public walkway space on the rear eight feet (8') of their property. The applicant proposes to build a fence in the front yard to provide some private open space for entertaining friends without,interference from people traversing the public walkway. Mr. Smith stated he would like to have a rendering submitted, along with a landscape plan in final form, for approval by Staff members. The public hearing was opened,.and Tom Graham, the applicant, was present. Mr. Graham stated that he had listed the quantities and sizes of plants he proposed for the area. He agreed to maintain all shrubs, etc., at•a maximum level of four feet (41) in height. Mr. Smith then said he would rescind the request for rendering and new land- scape plan. After inquiry -from Mr. Godfrey concerning structure and materials for the fence, the -applicant stated it would be of black pilasters sixteen inches J16") on center with wrought iron between and a wrought iron gate. There were no other persons present to -speak for or against the project, and the public hearing was closed. -6- 9-5-84 BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 7 ON MOTION OF VINCENT AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 84-49 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Applicant's backyard faces onto a channel and because of that, a public walkway along the back of this property was required by the Coastal Commission. As they have no privacy in their rear yard, it is necessary to allow applicant to fence off open space in his front yard to allow privacy by encroachment of four feet (4') into the front yard setback. 2. The granting of the conditional exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications as there are other homes in the area that have either a structure or wall at a ten foot (101) front yard setback. 3. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 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 conceptual plot plan received August 13, 1984, shall be the approved layout. AYES: Evans, Smith, Godfrey, Vincent, Vogelsang NOES: None ABSENT: None I CONDITIONAL EXCEPTION NO. 84-53 (UP NO. 84-67 Applicant: Jack Lee To permit a thirteen foot (13') turning radius in lieu of the code -required twenty-five foot (25') radius for an existing single-family residence located on the West side of Florida Street approximately twenty-five feet (251) South of Jay Circle (2207 Florida Street). -7- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 8 This request is covered by Categorical Exemption, Class 5, California Environmental quality Act, 1970.- Susan Pierce said this particular piece of property was questioned by the Director of Development Services as he remembers a request to legally create this piece of property in conjuntion with some others. She -stated he had asked her to notify the Board and the applicant that the applicant may have to prove this is a,legal building site or submit proof of creation prior to June 5, 1946. If not, applicant, would have to file an application for a parcel map and, because he does not have 60 foot frontage,.he would also have to apply for a Conditional Exception to the Planning Commission. Secondly, this particular structure is -not. --just a structure - it is more than one. Some buildings are being demolished to allow the proposed merger and addition. Staff does not feel 13 feet should be approved for a turning radius; however, it has existed thet way for a number of years. We have prepared alternative findings and conditions. Mr. Godfrey asked if the lot coverage was satisfactory and Ms. Pierce said applicant property is located in an R-2.Zone which does not require him to subtract his private drives so he is satis- factory on coverage. The public hearing -was opened and Jack Lee, the owner, was present. Mr. Smith stated the only way the existing condition -could be rectified would be by tearing -down the building. --The garage is not being used because of its condition. Upon an inquiry by 'Mr. Smith concerning landscaping, Mr. Lee pointed out the -area where a redwood deck would be built, where the new fence would be constructed, and the area which would be landscaped. The public hearing was closed since there were no other persons present to speak. Mr. Vogelsang asked if there were three (3) units presently on the property and the applicant replied there were. There was a general discussion concerning parking and accessibility for fire equipment. Mr. Godfrey said'he did not feel there was sufficient backing distance clearance for a car using that garage and they did not need additional -cars parked on -Florida Street or in the drives. Mr. Evans left the meeting at this point. UPON MOTION OF SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEP- TION NO. 84-53 WAS APPROVED WITH THE FOLLOWING FINDINGS, AND BY THE FOLLOWING VOTE: -8- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 9 FINDINGS: 1. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception No. 84-53 will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 3. The granting of conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 4. The garage affected by the reduced turning radius and the reduced side yard setback has been in this configuration for a number of years. AYES: Smith, Vincent, Vogelsang NOES: Godfrey ABSENT: Evans USE PERMIT NO. 84-67 (CE NO. 84-53) Applicant: Jack Lee To permit addition to be constructed along existing nonconforming side setback line of an existing single-family dwelling on the West side of Florida Street approximately twenty-five feet (25') South of Jay Circle (2207 Florida Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Since Use Permit No. 84-67 was being considered in conjunction with Conditional Exception No. 84-53, Mr. Smith opened the public hearing after Staff stated they had no further questions for the applicant. There were no other persons present to speak so the public hearing was closed. UPON MOTION OF SMITH AND SECOND BY VINCENT, USE PERMIT NO. 84-67 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. -9- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 10 b. Property and improvements in the vicinity of such use or building. 2. The granting.of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 28, 1984, shall be the approved layout. 2. Prior to issuance of building -permits, applicant shall file a parcel map to legally create the subject property. Said map shall be recorded prior to final inspection. As an alternative, the applicant may submit proof of creation prior -to June 5, 1946. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, -and Fire Department. 4. Proposed structures shall be architecturally compatible with existing structures. 5. Natural gas shall be stubbed --in at the locations of cooking facilities, water heaters, and central heating units. 6. Low -volume heads shall be used on all spigots and water faucets. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them. 8. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Smith, Vincent, Vogelsang NOES: Godfrey ABSENT: Evans SITE PLAN AMENDMENT NO. 84-13 Applicant: Musil Perkowitz Ruth, Inc. A request to permit a 15 by,69 foot (1,035 Square Foot) addition to Building I within an existing shopping center located on the Southeast corner of Admas Avenue and Brookhurst Street. -10- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 11 This request is a Categorical Exemption, Class 3, California Environmental Ouality Act, 1970. Susan Pierce reported that property owners were asking for a very small addition. However, Staff is requesting that, if the Board of Zoning Adjustments approves this request, there be some miti- gating measures requested of the shopping center relative to excessive noise, speeding through the center, and people congre- gating after working hours since the center abuts a residential area. Following an extensive discussion between Staff and the applicant's representative, Mr. James Christensen, he requested the matter be postponed in order to have a meeting between representatives of Albertson's Market, Staff members, and representatives of the property owner. ON MOTION OF SMITH AND SECOND BY VOGELSANG, SITE PLAN AMENDMENT NO. 84-13 WAS CONTINUED TO THE MEETING OF SEPTEMBER 19, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vincent, Vogelsang NOES: None ABSENT: Evans TENTATIVE PARCEL MAP NO. 84-586 (W) Applicant: Clarence and Cheryl Haynes A request to permit the consolidation of two (2) adjoining lots located on the North side of Twelfth Street approximately 150 feet West of Lake Street. This request is covered by Categorical Exemption, Class 15, California Environmental Quality•Adt, 1970. Ms. Pierce reported the applicant is aware of the minor condi- tions which will be imposed if the Board votes for approval of his request. UPON MOTION BY GODFREY AND SECOND BY VOGELSANG, TENTATIVE PARCEL MAP NO. 84-586 (W) WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The Tentative Parcel Map received by the Department of Development Services on August 22, 1984, shall be the approved layout (with the amendments as noted thereon). -11- 9-5-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 5, 1984 Page 12 2. The applicant shall file, through the Huntington Beach City Clerk's Office, and have recorded with the Orange County Recorder's Office, a certificate of compliance in conjunction ; with the approved plat map. A copy of the recorded certificate of compliance and plat map shall be filed with the Department of Development Services prior to issuance of building permits on the subject property. AYES: Godfrey, Smith, Vincent, Vogelsang NOES: None ABSENT: Evans There was no further business and the meeting adjourned to the pre -review meeting of Monday, September 10, 1984, at 10:00 A.M. Glen K. Godfrey, Secretary jh -12- 9-5-84 - BZA