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HomeMy WebLinkAbout1985-03-131 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 13, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Poe STAFF MEMBERS PRESENT: Pierce MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE MEETING OF FEBRUARY 20, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None AGENDA ITEMS TO BE CONTINUED: Conditional Exception No. 85-11 Ms. Pierce reported that Conditional Exception No. 85-11 was originally scheduled for March 13, 1985, but was erroneously advertised for•March 4, 1985. It has been rescheduled and readvertised for March 20, 1985. There was no one present to speak for or against the project. REGULAR AGENDA ITEMS: USE PERMIT NO. 85-1 (Cont. from 3/6/85) Applicant: Michael Capacillo This is a request to permit a restaurant within an existing commercial center located at 17236 Pacific Coast Highway (East side of street approximately 125 feet North of Warner Avenue). This request is covered by Negative Declaration No. 77-136. Susan Pierce stated this application was continued to give the applicant an opportunity to bring site plan into conformance. Staff would recommend that Mr. Capacillo add one compact parking space at either end of the parking bay. If the Board should decide on approval, restriping of the parking lot would have to occur. Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 2 The Public Hearing had remained open from the Meeting of February 20, 1985. Mr. Capacillo was present and agreed to the Conditions as presented by Staff. There was no one else present to speak so Daryl Smith closed the Public Hearing. UPON MOTION BY CRANMER AND SECOND BY POE, USE PERMIT NO. 85-1 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. By restriping the parking lot to provide 109 spaces, 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 Huntington of Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 13, 1985, shall be the approved layout per revisions as proposed by Staff. 2. Parking lot restriping shall occur prior to issuance of the Certificate of Occupancy. 3. The use shall comply with all applicable provisions of the Building Division and Fire Department. AYES: Cranmer, Smith, Poe NOES: Evans, Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 85-6 (UP 85-11) (Cont. from 3/6/85) Applicant: Bigham Melek Shalom CE REQUEST: A request for reduction in parking spaces for proposed outdoor eating area from eighty-five (85) to seventy-one (71) (Rosalynn's Restaurant). -2- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 3 This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. UP REQUEST: A request to permit a legally non -conforming existing restaurant and expansion to an outdoor eating area with non -conforming setbacks. This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1970. Subject property is located at 7402 Edinger Avenue (South side of Edinger Avenue approximately 120 feet East of Gothard Street). Ms. Pierce reported the restaurant owner had been successful in obtaining a letter from the property owner granting Mr. Shalom use of thirteen (13) spaces on the parking lot directly behind the restaurant. Staff said a covenant running with the land shall be filed guaranteeing these thirteen (13) spaces, and this recorded covenant shall be received prior to final inspection. Based on these findings and conditions, Staff would recommend approval. Glen Godfrey asked that a draft of the covenant be submitted to Staff prior to recordation for review and approval. The Public Hearing had remained open from the previous Meeting. Daryl Smith stated Use Permit No. 85-11 would be considered concurrently with Conditional Exception No. 85-6. The applicant's representative, Estelle Melek Shalom, was present. Mrs. Shalom requested a clarification of the covenant agreement and Ms. Pierce explained it. There was no one else present to speak so Mr. Smith closed the Public Hearing. UPON MOTION BY EVANS AND SECOND BY CRANMER, CONDITIONAL EXCEPTION NO. 85-6 AND USE PERMIT NO. 85-11 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 85-6: 1. The applicant has obtained permission to utilize parking on the adjacent lot to the West. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 85-6 will not be materially detrimental to the public welfare or injurious to property in the same zone classifications. -3- 3/13/85 - BZA Minutes, H. B. Board of -Zoning Adjustments March 13, 1985 Page 4 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 85-6_1 - 1. The property owner shall submit a draft for review and approval and record a covenant running with the land guaranteeing the thirteen (13) spaces will be maintained for the life.of the activity (restaurant) served:' 2. Receipt of a copy of,the-recorded covenant shall be received prior to final inspection of the proposed expansion. FINDINGS FOR APPROVAL - USE PERMIT NO. 85-11: 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. 4. Additional parking has been obtained on the adjacent site to the West. CONDITIONS OF APPROVAL - USE PERMIT NO. 85-11: 1. The site plan, floor plans, and elevations received and dated February 12, 1985, shall be the approved layout. 2. All Conditions of Approval of Conditional Exception No. 85-6 are applicable. 3. All necessary permits shall be obtained.' 4. Proposed expansion shall be architecturally compatible with existing structures. -4- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 5 AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-9 Applicant: Ronald and Sandra Dawson A request to permit a room addition to encroach five feet (51) into the ten foot (101) rear yard setback. Subject property is located at 17492 Hillgate Lane (South end of Hillgate Lane approximately 165 feet South of Glenstone Drive) This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Ms. Pierce stated this is an irregularly shaped lot which has a flood control channel traversing the rear of the property. Staff would recommend approval with the findings and conditions as presented. Daryl Smith opened the Public Hearing. Sandra Dawson was present and agreed to the conditions. There was no one else present to speak either for or against the project so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 85-9 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. 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. 2. The subject site is adjacent to a city flood control channel and public bike trail. 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. 85-9 will not be materially detrimental to the public welfare or injurious -to property in the same zone classifications. -5- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 6 5. The granting of the conditional exception,wil-l�not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 25, 1985, shall be the approved layout. 2. Proposed structure shall be architecturally compatible with existing structure. 3. All necessary permits shall be obtained. AYES: Cranmer, Evans, Godfrey, -Smith, Poe NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-12' Applicant: Mike Mathis A request to permit 37-1/2 Square Feet + of a room addition to encroach five feet (51) into the ten foot (101) rear yard setback at 17391 Shamley Circle (South end of Shamley-Circle-approximately 100 feet South of Lancefield Drive). This request is covered by Categorical Exemption,`-C_lass 51 California Environmental Quality Act,-1970-. Staff reported this is a request to'build an ad'dition�onto the rear of a residence which does not�sit parallel--to'any-lot line as the lot is irregularly shaped. The applicant, on his elevations, shows that walls are solid with no openings. Based on that, Staff could recommend approval. The Public Hearing was opened by Daryl Smith and the applicant, Mike Mathis, was present. Mr. Mathis stated this area was adjacent to the jacuzzi. It would be the _most desirable location for expansion and has the best drainage. Martha Brown, 5881 Woodboro Drive, was present and stated she owned the property directly behind Mr. Mathis' property. Mrs. Brown said she objected to this encroachment because of the -proximity of the addition to her own home and -of the noise which would be created. Daryl Smith suggested that landscaping could be installed as a buffer for the noise but Mrs. Brown said trees were already there. -6- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 7. There was no one else present to speak for or against the project so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 85-12 WAS DENIED BASED ON THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Since the subject property can be fully developed within regular established setbacks, such a conditional exception is not necessary for the preservation and enjoyment of substantial property rights. 2. The proposed structure will not be compatible with adjacent properties. 3. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons residing in the vicinity. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-13 Applicant: Larry A. Wall A request to permit reduction in open space dimension from twenty feet (201) to ten feet (101) and reduction in open space area from 450 to 350 Square Feet. Subject property is located at 9322 Southshore Drive (South side of Southshore Drive approximately sixty feet (601) East of Fleet Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Ms. Pierce stated this is a piece of property which was created in 1966 by an application called a Use Variance which allowed the lot to be less than 61000 Square Feet. The Department's recommendation is for denial. Glen Godfrey said this subdivision had been configured to allow smaller lots in conjunction with larger lots. The intent -was to provide a number of smaller homes with larger homes on larger lots. Daryl Smith opened the Public Hearing and the applicant, Larry Wall, was present. Mr. Wall stated he was representing the property owner, Virginia Murshok, who was also present. Mr. Wall said she wished to expand her existing residence with this one story addition -7- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 8 rather than a two-story addition because'of climbing stairs. Upon inquiry from Mr. Smith, Ms. Pierce stated she had received no letters or comments from neighbors objecting to this expansion. There was no one else present to speak for or against the project so the Public Hearing was closed. UPON MOTION BY GODFREY AND -SECOND -BY EVANS, CONDITIONAL EXCEPTION NO. 85-13 WAS DENIED WITH THE,FOLLOWING FINDINGS,•.BY-THE FOLLOWING VOTE: FINDINGS FOR DENIAL:, 1. The subject property was legally subdivided per U.-V. 66-23 and developed in a manner -consistent -with applicable zoning laws. 2. Exceptional circumstances --do not-apply.that.deprive the subject property of privileges enjoyed by other -properties in the same zone classifications:- 3. Granting of Conditional Exception No. 85-13 (Reconsideration) would constitute a special privilege inconsistent with limitations upon properties in the vicinity AYES: Cranmer, Evans, Godfrey, Poe NOES: Smith ABSENT: None USE PERMIT NO. 85-12 Applicant: Worldwide Church of God A request to permit a one (1) day temporary outdoor event at 7738 and 7742 Edinger Avenue -(South side of -Edinger -Avenue East of Sher Lane). This request is covered by Categorical Exemption; -.Class 11, California Environmental Quality Act, 1970: Ms. Pierce stated this organization has had an annual rummage sale in the same location for several years without any complaints, to her knowledge. Staff would recommend approval with the conditions presented. Daryl Smith opened the Public Hearing and the applicant's representative, Stanley Norton, was present. There was no one else present to speak for or against this request so the Public Hearing was closed. -8- 3/13/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 13, 1985 Page 9 UPON MOTION BY EVANS AND SECOND BY CRANMER, USE PERMIT NO. 85-12 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received February 22, 1985, shall be the approved layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. A certificate of insurance form shall be filed with the Risk Manager five (5) days prior to the event. 4. A hold harmless agreement shall be filed with the Risk Manager five (5) days prior to the event. 5. As required by S.9730.80 of the Huntington Beach Ordinance Code, a certificate to operate shall be issued by the Department of Development Services prior to operation of the event. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 85-8 Applicant: Bristol Street Associates Because of a tight time frame for construction, Staff reported the applicant had requested a Board Review of their project prior to their regular Meeting date so any problems could be corrected. The Board generally reviewed the project but no action was taken on the project. There was no further business to be discussed so the Meeting was adjourned to the pre -review meeting on Monday, March 18, 1985, at 10:00 A.M. Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (2206d) -9- 3/13/85 - BZA