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HomeMy WebLinkAbout1985-10-02MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS— Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 2, 1985--1:.30 P.M. BOARD MEMBERS PRESENT: Strange, Godfrey, Crosby, Poe STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY GODFREY AND SECOND BY CROSBY, MINUTES OF THE REGULAR MEETINGS -OF AUGUST 28, 1985, AND SEPTEMBER 16, 1985, WERE DEFERRED TO THE REGULAR MEETING OF OCTOBER 91 1985, FOR LACK OF VOTING MEMBERS, BY THE FOLLOWING VOTE: AYES: Crosby, Godfrey, Poe, Strange NOES: None ABSENT: Evans REGULAR AGENDA ITEMS:. CONDITIONAL EXCEPTION NO. 85-62 Applicant: Airflo Al-uminum Awning Company A request to permit construction of a 280 Square Foot glass -enclosed room addition which encroaches five feet (51) into the required ten foot (101) rear yard setback in an R1 Zone. Subject property is located at 21381 Dockside Circle (West side of Dockside Circle approximately 300 feet North of Pier Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported this request is for a glass -enclosed room.addition at the rear of a residence which will encroach into the required rear yard setback. The applicant will still meet the open space requirements and Staff is recommending approval because of the triangular shape of the lot. However, Staff is recommending that the greenhouse -type addition be reduced in size from the requested fourteen feet (141) to only twelve feet (121) and that additional landscaping be provided between the addition and the rear, property line. Minutes, H. B. Board of Zoning Adjustments October 2, 1985 Page 2 Acting Chairman Bruce Crosby opened the Public Hearing and Ralph James was present to represent the applicant. After a discussion regarding the additional landscaping, Mr. James agreed to the conditions as far as he, the Contractor, was concerned. Mr. Crosby explained the.ten (10) day appeal period during which the property owner could appeal if he had objections to the conditions. Michael Strange asked if any neighbors had objected to the addition and Scott Hess said no one had called or written. There were no other persons present wishing to speak so the Public Hearing was closed. UPON MOTION BY CROSBY AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 85-62 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. The property is triangular in shape. 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. 85-62 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL 1. The site plan dated August 27, 1985, shall be revised depicting the modifications described herein: a. The greenhouse type room addition shall be twelve feet (121) in width instead of fourteen feet (141). 2. The applicant is encouraged to provide additional landscaping between the addition and the rear property line. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. -2- 10/2/85 - BZA Minutes, Hr B. Board of Zoning Adjustments October 2, 1985- Page 3 AYES: Crosby, Godfrey, Poe, Strange NOES: None ABSENT: Evans REVOCATION OF HOME OCCUPATION PERMIT NO. 85-3 Licensee: Roland and Tracy Cain GENERAL REASON: Alleged violation of Section 9730.36(b), Huntington Beac Or finance Code, referring to use of the garage in conjunction with Home Occupation Permit, and Section 9730.36(f), Huntington Beach Ordinance Code, referring to an increase in pedestrian and vehicular traffic in the neighborhood due to the home occupation. Subject property is located at 16681 Bolero Lane in Huntington Beach. Scott Hess explained that a business license had been issued to the licensees to teach art classes in their home in Huntington -Harbour through a Home Occupation Permit. Through complaints by neighbors in the area and investigation by Don Shaw, Land Us.e Technician for the City, it was determined that -the licensees. were. conducting these classes in; their garage and were not conforming with the Code restrictions., Neighbors reported they were having from ten to twelve students at classes and were crea.ting-parking problems in the area. Staff recommended Revocation of the Home Occupation Permit. Don Shaw confirmed the information and said each Board member had been given a copy of his report dated October 1, 1985. Glen Godfrey pointed out that neither the licensees nor their attorney were present at the Hearing and they had previously indicated they did not plan to attend. Bruce Crosby, Acting Chairman, opened the Public Hearing and asked if any of the thirty (30)-or so residents -of Huntington Harbour who were present were in favor of permitting the continuance of the classes. There was no response to his query. Mr. Don Hunt stated he was the official spokesman for the attendant residents. Mr. Hunt presented a "Chronological Statement of Facts" (which he asked to be entered into the Minutes of the Meeting), along with photographs and a map indicating locations of residents who had signed petitions in Opposition to operation of the home business. Mr. Hunt further asked that all this information be retained in the file for this Revocation Hearing. Since Mr. Hunt had, represented all of the complainants, the Public Hearing was closed. Glen Godfrey reiterated the fact the "Chronological Statement of Facts" should be entered into the Minutes of the Meeting, and they are as follows: -3- 10/2/85 - BZA Minutes, H. B. Board of Zoning Adjustments October 2, 1985 Page 4 "CHRONOLOGICAL STATEMENT OF FACTS: On or about the first of July, 1985, Rollie Cain started to modifyy his garage at 16681 Bolero Lane into an art studio. When asked Vat tie was doing tie stated that his wife, Tracy, had closed down her art studio and store on Westminster Blvd. and was going to teach a few students at the residence. The modifications consisted of installing banks of fluorescent lights, installing an air conditioner through the wall (there was no prior window), installing carpet on the floor and painting the entire inside of the garage after removing all prior shelving, etc. Also shelving was installed to hold artist's supplies for sale. The classes started on July 23, 1985. From the very beginning it was obvious that there were going to be more than "just a few" students. Some of the classes have over 10 students. This immediately created a parking problem in the area. When the city was called"and informed about this situation, they responded by telling us that the city policy was that teaching at home was allowed on a very limited basis, ie. 1 or 2 students at a time and spread out so as not to afect (sic) the neighborhood. They also were positive in their statement that absolutely NO use of the garage was to be made, either for teaching or storing o7 supplies. Mike Strange, from the city planning dept., said tie would contact the Cains and inform them of the city pol-icy. At this point the Cains hired an attorney. After several weeks, and numerous calls to the city, we were told that contact had been made with the Cain's attorney and the Cains had agreed to halt the classes - They did halt the classes fora period af-about"l0 days. It was later discovered that this was a period of time when they had visiting relatives from out of state. As soon as the relatives left the classes started again and continued until September 28, 1985. This is after the Cains had assured the city that they would discontinue using the garage until a room addition could be built to use for the classes. On September 9,'1985, Rollie and Tracy Cain applied for a business license which was granted to them. The application states that the business was to start on October''l, 1985, and that they had read and agreed to abide by the home occupation regulations. The classes actually started up again on Tuesday, September loth. -4- 10/2/85 - BZA 1 Minutes, H. B. Board of Zoning Adjustments: October 2,,--1985 Page 5 During the period of time September 1.0, 1985 to September 27, 1985, there were at least ten classes held. Usually 1 on,Tuesday morning and again 1 in the evening;, 2 on Wednesday, 1 in the morning and 1 in -the afternoon; and.an evening class on Thursday. At least some of the classes had a-t least 10 or more students and all of the above. were held in the garage. The classes last from 3 to 4 hours. There were also private lessons given.. On Thursday morning September 27, 1985, Lou Abel and Don.Hunt went to city hall and talked to Richard Barnard, Assistant to the City Administrator, to find out what was being done and what could be done to relieve this situation. Mike Strange was -called into the meeting and he agreed that it had gone on for too.long a time and that a formal -complaint should:be filed with a hearing to be -set as soon as possible. This was done with Don Hunt and Lou Abel signing the complaint, supported by 10 residents from the immediate area.. As it stands now, a hearing has been called for Wednesday, October 2, 1985, Notices to all nearby addresses were sent out by. the city on the 25th of September. No classes have been held since September 27th." UPON MOTION BY GODFREY AND SECOND BY STRANGE, REVOCATION OF HOME OCCUPATION PERMIT NO. 85-3 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR REVOCATION: 1. The garage on the subject property is being used for classroom purposes in violation of Section 9730.36(b) of the Huntington Beach Ordinance Code which states: "Garages shall not be used in connection with such business except to park vehicles." 2. The home business is generating additional traffic within a residential neighborhood in violation of Section 9730.36(f) which states: "The occupation shall not increase pedestrian or vehicular traffic in the neighborhood." 3. Revocation of this Home Occupation Permit is necessary in order to preserve the integrity of the residential neighborhood. 4. Art instruction conducted in a class format is a use determined to be incompatible with the surrounding residential neighborhood. -5- 10/2/85 - BZA Minutes, H. B. Board of Zoning Adjustments October 2, 1985 Page 6 AYES: Crosby, Godfrey, Poe, Strange NOES: None ABSENT: Evans MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 85-64 Applicant: Veterinary Outreach, Inc. A request to conduct a low cost vaccination clinic for dogs and cats from 9:00 A.M. to 12:00 Noon on October 6, 1985, (Sunday) in the parking lot of Landmark Plaza at 8800 Atlanta Avenue (North side of Atlanta Avenue just West of Magnolia Street). This request is covered by Categorical Exemption, Class 111 California Environmental Quality Act, 1984. Staff said this was an application for a temporary outdoor activity and did not require notification of adjacent property owners nor a Public Hearing. The applicant proposes to conduct a low cost vaccination clinic for dogs and cats in the parking lot of an existing shopping center, and Staff'is recommending approval subject to conditions. The applicant's representative, Dan Brosler, was present. There was a discussion between Glen Godfrey and Mr. Brosler relative to the low cost clinic versus the non-profit clinic. Mr. Godfrey also instructed Mr. Brosler regarding the procedure for filing insurance to protect the City. Mr. Brosler asked if they could use this approval, if granted, for other dates at this location or other locations in the City, and was informed he could not. UPON MOTION BY CROSBY AND SECOND BY STRANGE, USE PERMIT NO. 85-64 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: I. The site plan dated September 30, 1985, shall be revised to depict the precise location of the clinic so as not to interfere with on -site traffic circulation and parking. 2. Fire access lanes shall be maintained. 3. A "Certificate of Insurance" form shall be filed in the Administrative Services Department in an amount deemed necessary by the Public Liability Claims Coordinator, along with a hold harmless agreement executed by the insured, at least three (3) days prior to the event. -6- 10/2/85 - BZA I 1 Minutes, H. B. Board of Zoning Adjustments October 2, 1985 Page 7 4. The applicant shall provide for clean up of the area after the closing of the event. 5. A "Certificate to Operate" shall be issued by the Director of Development Services as required by s 9730.80 of the Huntington Beach Ordinance Code prior to the event. NOTE TO APPLICANT: You are hereby notified that, for future events, is Depar men must receive your complete Temporary Outdoor Event application a minimum of three (3) wee s prior to the event for adequate review and processing. AYES: Crosby, Godfrey, Poe, Strange NOES: None ABSENT: Evans There was no further business to be considered by the Board. UPON MOTION BY POE AND SECOND BY GODFREY, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, OCTOBER 7, 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Crosby, Godfrey, Poe, Strange NOES: None ABSENT: Evans Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (3431d) -7- 10/2/85 - BZA