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HomeMy WebLinkAbout1984-09-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 12, 1984 - 1:30 P.M. 1:55 BOARD MEMBERS PRESENT: Evans, Godfrey, Smith, Vincent, Vogelsang STAFF PRESENT: Pierce, Poe MINUTES: ON MOTION OF EVANS AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 1984, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Vincent NOES: None ABSENT: Vogelsang MINUTES: ON MOTION OF VINCENT AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF AUGUST 29, 1984, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Vincent NOES: None ABSENT: Vogelsang REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-50 Applicant: Geza Simon Susan Pierce reported the request should be clarified to "permit a reduction in open space dimension from 25 feet to a minimum of 16 feet and to provide open space in two (2) areas (806 Square Feet and 550 Square Feet) in lieu of 900/300 or 625/625" on property located at 9641 Yellowstone Drive (North side of Yellowstone Drive approximately 60 feet West of McKinley Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Ms. Pierce said the property was developed as an irregular piece of property. The lot that is shown on the site plan is actually five feet (5') wider and the rear property line is not a straight direct line. There is an angle to the property which should allow a land - related hardship. The configuration does not allow him to develop the rear of his home with an addition and meet the 25 foot open space dimension. He does exceed the open space requirements for the lot. Several neighbors have contacted Staff but none have made negative comments. IN Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 2 After a general discussion concerning the reduction, Mr. Smith opened the public hearing. Dalton James, Contractor, said Mrs. Simon was present also. Their primary concern in requesting the open space reduction was to allow expansion of the kitchen and bath area. The public hearing was closed. ON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 84-50 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension and minimum open space area will not reduce the required total open -space area (1200 Square Feet). 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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. 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 Conditional Exception No. 84-50 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. A revised site plan shall be submitted depicting the modifi- cations described herein: a. Correct property dimensions 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. -2- 9-12-84 - BZA 11 Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 3 3. Proposed structure shall be architecturally compatible with existing structures. 4. No other additions shall be permitted. AYES: Evans, Godfrey, Vincent, Smith NOES: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 84-57 Applicant: Robert S. Hoffman To reduce the minimum open space dimension from 25 feet to 23 feet and to reallocate the minimum open space in two (2) areas from 900 Square Feet and 100 Square Feet to 219 Square Feet and 455 Square Feet on property located at 8822 Midbury Drive on the North side of street approximately 20 feet from Mayport Lane. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Susan Pierce stated the applicant was requesting a reduction in open space. Staff has reanalyzed reducing minimum from 25 feet to 23 feet to reallocate the minimum open space in two (2) areas from 900 Square Feet and 300 Square Feet to 819 Square Feet and 455 Square Feet. Mr. Godfrey inquired as to whether this was all in the rear yard and Ms. Pierce replied it was. Ms. Pierce stated it was the typical 60 foot by 100 foot lot and there is no land related hard -- ship. Applicant does have sufficient open space on property and this will be a two-story addition. Staff makes no recommendation on this request. Mr. Godfrey pointed out that the cantilever was not legal. The public hearing was opened. The owner, Robert Hoffman, was present along with the designer, John Markham. The designer stated the cantilever was part of the original structure and would remain. He said this plan was the smallest two-story plan in the the tract and the owner needed the additional space. It is a small plan on a large lot so they would still meet their open space requirements. There were no other persons present to speak for or against this project so the public hearing was closed. -3- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 4 ON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 84-57 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension and minimum open space area will not reduce the required total open space area (1200 Square Feet). 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property riqhts. 3. The granting of Conditional Exception No. 84-57 will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. Location of house on the lot and excessive side yards. CONDITIONS OF APPROVAL: 1. The site plan received and dated September 4, 1984, shall be the approved layout. 2. No other additions shall be permitted. AYES: Evans, Smith, Vincent NOES: Godfrey ABSENT: Vogelsang USE PERMIT NO. 84-56 Applicant: Huxley Architecture To permit construction of an addition of approximately 3,200 Square Feet to existing nursery building at 15851 Gothard Street (West side of Gothard Street approximately 300 feet North of Edinger Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff_ reported this request had been to the City previously but we now have all required paper work for processing. This addition will be an enclosure of an outdoor area where plants had been -4- 9-12-84 - .BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 5 handled. Staff has chosen to condition this as a Use Permit process and would like to recommend that Board approve with conditions. Public hearing was opened. Mr. Ed Huxley was present and he stated the structure would be architecturally compatible with the balance of the building. In fact, from the street, you would not realize it was an addition. There were no other persons present to speak and the public hearing was closed. ON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT NO. 84-56 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS FOR APPROVAL: 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; b. Property and improvements in the vicinity of such use or building. 2. The granting of the 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 July 3, 1984, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 3. Proposed structures shall be architecturally compatible with existing structures. 4. Low -volume heads shall be used on all spigots and water faucets. -5- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Paqe 6 5. 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. 6. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by'the Building Division. AYES: Evans,.Smith, Vincent, Godfrey NOES: None ABSENT: Vogelsang Mr. Vogelsang arrived at the meeting at 1:55 P.M. USE PERMIT NO. -84-68 Applicant: Robert J.-Koury To permit establishment of a convenience market within an existing structure on property located at the Southeast corner of Main and Fifth Streets'. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Susan Pierce stated this was a request to occupy a building which was constructed in'1980 and has been vacant. The property owner now has a prospective tenant for a convenience market: During our calculations, we have determined the applicant would be two-(2) short of the required,parkinq­spaces.-. This project would now be covered by the -Downtown Redevelopment Plan. The site plan which was filed does not show actual use of structure and Staff would request that, if the Board approves project'i the applicant submit a floor plan. Staff has received inquiries as to whether a liquor store is going in at this location. We have signatures against a liquor store and we have people present to speak. There was a•general discussion between Staff and the -Board members concerning types of business which could be allowed in District 6 of the Downtown Specific Plan. Mr. Smith opened the public hearing. Jerry Bame was present to represent the applicant. Mr. Bame stated the building was originally constructed as a bank but had never been occupied. The owner has a prospective tenant and feels establish- ment of a business at this location would be far better for Huntington Beach's image than a vacant building. He also said if ABC did determine that liquor should not be sold at that location, they would deny the permit. He indicated the applicant could conveniently provide the two (2) additional parking spaces. -6- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 7 Roberta Blakeland said the downtown area did not need another liquor store or convenience market, that the City has enough liquor problems now, and that there are other avenues the property owner could take. She expressed concern for the senior citizens living in the area and the additional traffic problems which would be created by establishment of the convenience market. Ron Backlund was present to represent The Villa Sweden. He stated their parking lot was across the street and he feared for the safety of their customers and waitresses who would have to walk to their cars at night. He said there was already one liquor store and another one was not needed,at that location. Sam Lee spoke for Genn Eun, an involved property owner. He owns property on Main Street and feels that something of more benefit to the community could be established at the location. At this point, Mr. Bame stated it was a convenience market and not a liquor store. He said he respectfully indicates that sale of liquor was not the concern of the Board but rather that of the ABC. There were no other persons who wished to speak so the public hear- ing was closed. upon inquiry by Les Evans as to the City's being able to determine use of the structure, Ms. Pierce indicated they could on the basis of being detrimental to general welfare of persons working in the vicinitv. Mr. Smith mentioned it was necessary to process this application through the Use Permit process since the building had not been occupied within one year of construction, and Ms. Pierce said they were required to request new entitlement. Mr. Evans introduced the subject of the senior citizens residential development to be constructed in the area. Convenience stores create a lot of problems such as loitering, littering, robberies, etc., and he did not feel this would be conducive to seniors wishing to locate at the new development. upon inquiry from Mr. Godfrey as to whether this would be a 24-hour operation, Mr. Bame replied the operation had not been firmed up at this point. Mr. Godfrey also asked if it would be a drive-thru market and Mr. Bame said it would not - that the area would be used for landscaping.• -7- 9-12-94 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 8 ON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 84-68 WAS DENIED FOR THE FOLLOWING'REASONS, WITH THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The proposed use will not be compatible with adjacent properties: 2. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working in the vicinity.` 3. The proposed use is not compatible with the City's Redevelop- ment Plan•for the downtown area. AYES: Evans, Godfrey, Vogelsang NOES: Smith, Vincent ABSENT: None ADMINISTRATIVE REVIEW•NO. 84-61• Applicant: Bruno Geiger A request -to permit construction -of an Automotive-Repair'Shop for permanent occupancy on property located on the West side of Sampson Lane approximately 200 feet South of Woodwind Drive. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff reported these lots have landscaped easement along the property line and the project does comply with Zoning Codes. There is a requirement for eight (8) parking spaces and the applicant has provided thirteen (13). There was a general discussion concerning location of the trash disposal bin, and the general concensus was that it should be moved to a front area location -so -it'would not be necessary for trucks to back out.. Ms. Pierce said they would be able to place some landscaping around the bin as they were over in parking spaces. Mr. Vincent discussed the problem of underground oil storage tanks. Ms. Pierce requested a new site plan be submitted depicting the new location for trash disposal bin, and the applicant agreed to submit it. Staff requested a floor plan of the Second Floor. -8- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 9 ON MOTION BY SMITH AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84-61 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifi- cations described herein: a. Trash area relocation 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. 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. C. Floor plan of Second Floor. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Maximum separation between building wall and property line shall not exceed two inches (2"). 5. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 7. All repair work shall be conducted wholly within the building. 8. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 9. The applicant shall meet all applicable local, State, -and Federal Fire Codes, Ordinances, and standards. 10. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. -9- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 10 11. Waste oil storage tanks shall be approved by -the Orange County Environmental'Health Department. 12. Low-volume"heads shall be`jused on all spigots and water faucets. 13. 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. 14. If,lighting is -included in the parking"lot, high-pressure sodium vapor lamps shall be'used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 15. If foil' -type insulation ,is'to; be used, a. fire retardant type shall be installed as approved by the Building Division. AYES: "Evans, Smith, Vincent; Vogelsang NOES: None ABSTAIN: Godfrey ABSENT: None" SITE PLAN AMENDMENT NO. 84-14 ,Applicant: C. Ed"Smith A request to allow a 1,500-Square Foot building addition to an existing commercial building located on the East side of Beach Boulevard approximately 1,100 feet South of Garfield Avenue. This request is covered -by Categorical.Exemption, Class 3, California Environmental Quality Act,�1970. Susan Pierce reported that Site Plan Amendment No. 84-14 would be an amendment to -Use Permit 79-24"which was approved for establish- ment"of an automobile sales agency.- The.applicant-is now proposing to erect a metal building for use in new car.preparation. A -metal building would not be compatible -with the present structure. Mr. Godfrey asked the applicant if cars were being washed in that area now and if there were proper drainage facilities. The appli- cant stated they were washing -from 15 to 20 cars a day and there was no problem with"the drainage. Mr. Smith mentioned that the business establishment abutted a residential area and suggested that the applicant plant trees and shrubbery to act as a buffer for the residences. Also, it would be necessary to install an automatic sprinkler system. The applicant, C. Ed Smith, was present and stated these conditons could be met. He said both the present structure and the new building would be painted the same color so they would be compatible in color if not material. 1 -10- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 11 Ms. Pierce requested a revised site plan be submitted which would indicate the changes requested by the Board. ON MOTION BY VOGELSANG AND SECOND BY VINCENT, SITE PLAN AMENDMENT NO. 84-14 WAS APPROVED WITH THE FOLLOWING CONDITIONS, WITH THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted to reflect a landscaped buffer along the East property line. Said buffer shall contain 15 gallon trees planted 30 feet on center. An automatic sprinkler system shall be provided. 2. Prior to issuance of building permits, the applicant shall submit the following plan: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. 3. The proposed structure shall be color compatible with the existing structure, and both buildings shall be painted. 4. Low -volume heads shall be used on all spigots and water faucets. 5. 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. 6. All previous conditions of Use Permit No. 79-24 shall be applicable. AYES:' Fvahs, Godfrey, Smith, Vincent, Vogelsang NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 84-593 (W) Applicant: Robert Stellrecht A request to consolidate two (2) improved lots in an existing tract to build a single building and waiver of parcel map for property located at 5502 Bolsa Avenue (Southeast corner of Bolsa Avenue and Graham Street). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1970. -11- 9-12-84 - BZA Minutes, H. B. Board of Zoning Adjustments September 12, 1984 Page 12 Staff reported the applicant was not present.' ON MOTION -BY GODFREY AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 84-593 (W) WAS CONTINUED TO THE MEETING OF SEPTEMBER 19, 1984, BY THE FOLLOWING -VOTE: AYFS: Godfrey, Evans, Smith, Vincent, Vogelsang NOES: None ABSENT: None There was no further business for discussion and the meeting was adjourned to the pre -review meeting of Monday, September 17, 1984, at 10:00 A.M. Glen K. Godfrey, Secre r -12- 9-12-84 - BZA