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HomeMy WebLinkAbout1985-11-06MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 6, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer', Evans, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Hess, Poe MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE MEETING OF OCTOBER 30, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-75 Applicant: Mr. and Mrs Craig McDannold A request tomaintain a portion of an existing Bedroom in a garage with a 1716"depth in lieu of nineteen feet (191) as required by Code. Subject property is located at 6102 Sydney Drive (South side of Sydney Drive approximately seventy feet (701) East of Bolsa Park Lane) . This request is.covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Scott Hess stated the subject property is in an R-1 Zone and is a single family residence. The applicant submitted plans in -August to modify his garage from a front entrance to a side entry. These plans indicated the Master Bedroom was located on the opposite side of the house and there was no indication of a Bedroom in the garage. The Building Inspector found that the Bedroom encroaches one and one-half feet (1-1/21) into the garage space. There are no unusual circumstances on this site as the lot is 61741 Square Feet in size and rectangular in shape. The Bedroom could be modified by removing the one and one-half feet (1-1/21), thus reinstating the garage to a standard size garage. Based on these findings, Staff is recommending denial of this request. Daryl Smith mentioned the remaining bedroom would only be eleven feet (111) in width and Glen Godfrey pointed out the fact the 17'-6" garage is not of the required standard size. Minutes, H. B. Board of Zoning Adjustments November 6, 1985 Page 2 The Public Hearing was opened and Paul Falzon, builder on this project, was present to represent the owners. Mr. Falzon stated the applicants did not have the legal depth on the garage; but they each have compact cars and, consequently, have ample space for them. He also mentioned that the Bedroom would be very small if it had to be reduced in size. He further stated, upon questioning by Daryl Smith, that the foundation looked as if the house had been built with the garage encroachment. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. A further discussion ensued concerning problems -which would be created if the owners had to remove the foundation, and it was pointed out by Jim Vincent that many people have shelving, work benches, etc.,,in their garages which would encroach into normal size garages. GODFREY MOVED, SECONDED BY EVANS, FOR DENIAL OF CONDITIONAL EXCEPTION NO. 85-75 WITH FINDINGS PRESENTED BY STAFF. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Evans, Godfrey NOES: Cranmer, Smith, Vincent ABSENT: None UPON MOTION BY VINCENT AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 85-75 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS FOR APPROVAL AS PRESENTED BY STAFF, WITH THE FURTHER CONDITION THAT THE EIGHTEEN INCH (18") WORK BENCH BE REMOVED FROM THE GARAGE PRIOR TO FINAL INSPECTION, 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 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. 85-75 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. -2- 11/6/85 - BZA Minutes, H. 7. Board of Zoning Adjustments November 6,-1985 Page 3 CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 15, 1985, shall be the approved layout. 2. The existing work bench in the garage shall be removed prior to final inspection. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire -Department except as noted herein. 4. The proposed structures shall be architecturally compatible with existing structures. AYES: Cranmer, Smith, Vincent NOES:• Evans, Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 85-76 Applicant: Dane Lussier A request to permit encroachment of a Second Floor addition 7.5 feet into the required 7.5 foot rear yard setback and three feet into the required fifteen foot (151) front yard setback. Subject property is located at 623 Geneva Avenue (West side of Geneva Avenue approximately 160 feet South of Hill Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported this property is zoned Old Town Specific Plan No. 1 and reminded the Board this applicant had previously requested a Conditional Exception for building a second story deck on the rear of this property with a variance of three feet (31). The applicant has now decided to -convert the deck to a Master Bedroom and Bath. The lot is triangular in shape and Staff is recommending approval subject to conditions. Daryl Smith opened the Public Hearing and Dane Lussier, the applicant, was present. Mr. Lussier explained he needed the additional space because of relatives coming to visit. There was no one else present wishing to speak so the Public Hearing was closed. UPON MOTION BY VINCENT AND SECOND BY SMITH, CONDITIONAL EXCEPTION N0. 85-11 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -3- 11/6/85 - BZA Minutes, H. R. Board of Zoning Adjustments November 6, 1985 Page 4 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 lot 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. 85-76 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. 5. The First Floor garage and Second Floor deck were approved with the same setbacks under Conditional Exception No. 85-37. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 17, 1985, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted herein. 3. Proposed structures shall be architecturally compatible with existing structures in terms of roof pitch, building materials and colors. 4. All previously imposed conditions of Conditional Exception No. 85-37 and Use Permit No. 85-36 shall remain in effect except as noted herein. AYES: Evans, Godfrey, Smith, Vincent NOES: Cranmer ABSENT: None USE PERMIT NO. 85-69 Applicant: Cal -Gas, Inc. A request for expansion of an existing use (catering business) to adjacent parcel and to allow installation of propane tank on foundation in the parking area of the site. Subject property is -4- 11/6/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 6, 1985 Page 5 located at 7670 Slater Avenue (South side of Slater Avenue approximately 150 feet West of Morgan Lane (Business address - 17575 Morgan Lane). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. According to Staff, this property is zoned M-1 Industrial and Manufacturing and the operation is a food catering service. The applicant has been at this location on Morgan Lane and is expanding the facility. Staff is recommending approval subject to conditions. Daryl Smith stated he would like to have the condition relative to the truck cleaning and washdown area to be accomplished prior to issuance of building permits. The Public Hearing was opened and Bill Braham was present to represent the applicant and he said they would be providing propane gas to the catering trucks. Mr. Braham further stated there were many more conditions placed on the project now than had been indicated initially, and he was not sure how the applicant would react to these proposed conditions. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT N0. 85-69 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDETIONS, BY THE FOLLOWING 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. -5- 11/6/85 - BZA Minutes, H. R. Board of Zoning Adjustments November 6, 1985 Page 6 CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Minimum ten foot (101) wide landscaped planter along Slater and Morgan excepting where driveways are located, and eight percent (8%) landscaping on -site. b. Deletion of one (1) drive approach on Slater Avenue. C. Prior to issuance of building permits,.the applicant shall provide truck cleaning and wash down area with sanitary sewer connection and protect storm drain system from contamination by any organic material. d. Minimum twenty-four foot (241) driveway between the two (2) parcels. e. Parking dimensions of nine feet by nineteen feet (9' x 191) with twenty-five foot (251) wide aisles. f. Designate and provide on -site employee parking. g. Depicting the truck cleaning area. 2. The applicant shall provide street lights on Slater Avenue and Morgan Lane to the satisfaction of Public Works Department standards. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 5. All repair work shall be conducted wholly within the building. 6. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 7. The Board of Zoning Adjustments reserves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None -6- 11/6/85 - BZA Minutes, H. F. Board of Zoning Adjustments November 6, 1985 Page 7 TENTATIVE PARCEL MAP NO. 85-381 Applicant: Arcon, Inc. A request to consolidate several lots into one (1) on property located at the Southeast corner of Slater Avenue and Metzler Lane. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff stated this property is in an M1 Zone and the applicant has submitted plans for three industrial buildings. One condition'of the other request was for consolidation of the fifteen (15) lots. Staff is recommending approval of this request. The applicant was represented by Paul Riggs. Mr. Riggs read the proposed conditions and agreed to them. UPON MOTION BY EVANS AND SECOND BY CRANMER, TENTATIVE PARCEL MAP NO. 85-381 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation of several lots into one (1) parcel for purposes of industrial use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing industrial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed consolidation are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision ordinance. CONDITIONS OF APPROVAL: 1. The Tentative Parcel Map received by the Department of Development Services on November 7, 1985, shall be the approved layout (with the amendments as noted thereon). -7- 11/6/85 - BZA Minutes, H. R.. Board of Zoning Adjustments November 6, 1985 Page 8 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Slater Avenue, Metzler Lane, and the fifteen foot (150) wide storm drain easement along the East property line shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200_feet.of"said parcel(s). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. All existing parcels shall be shown on the Tentative Parcel Map. 7. All utilities shall be installed underground at the time said parcel(s) is/are developed. 8. Compliance with all applicable City Ordinances. 9. The flood control channel shall be fenced to Flood Control District standards and City standards at the time said parcel(s) is/are developed. 4 10. The property shall participate in the local drainage assessment district at the t1 me said parcel(s) is/are developed. (Contact the Department of Public Works for additional information). 11. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Cranmer, Evans,.Godfrey, Smith, Vincent NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 85-26 Applicant: Donald R. Nuss A request to convert 1,800 Square Feet of ground floor commercial space into visitor serving commercial/office space and delete two (2) parking spaces in order to provide a one-way drive to abutting property. Subject property is located at 15922 Pacific Coast Highway (North side of Pacific Coast Highway near Mariner's Drive). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. -8- 11/6/85 - BZA Minutes, H. P. Board of Zoning Adjustments November 6, 1985 Page 9 Scott Hess stated the Board knew the history of this project. The subject building is existing but the applicant has not received the Certificate of Occupancy. The applicant is attempting to obtain permission from CalTrans for a left turn out of the property onto Pacific Coast Highway. The applicant is attempting to delete two (2) parking spaces for access to a driveway on adjacent property where CalTrans has allowed a left turn. Mr. Hess further explained that the site is located in the Coastal Zone and the applicant will be required to obtain amended approval from the Coastal Commission if request is approved by the Board of Zoning Adjustments. Staff informed the Board that notices had been sent to the adjacent property owners for this Site Plan Amendment because so many residents had objected when;Mr. Nuss had previously requested deletion of these two (2) parking spaces. Staff further explained the applicant was now proposing to convert 1,800 Square Feet of commercial space to visitor serving commercial/office space to lessen the number of required parking spaces for the property. Based on this new type of use, Staff is recommending approval. Daryl Smith informed the audience that this was not a Public Hearing but the Board would agree to hear comments from adjacent property owners and residents. Donald R. Nuss was present and requested to reserve his comments for rebuttal to the people who were in attendance. R. Y. Schureman, 16176 Mariner Drive, asked if -the City Traffic Engineer had made a study of the area and Les.Evans informed him they had. Mr. Schureman stated that drivers of automobiles attempting to exit from the driveway on the property belonging to Mr. Nuss would have to turn their heads 1500 to see South -bound traffic on Pacific Coast Highway and at the same time watch North -bound traffic. Mr. Schureman requested that this application be continued for thirty (30) days to possibly resolve some of the problems. Ben Whitehead, 15960 Mariner Drive, stated Staff evidently had not researched the easement sufficiently and it was the position of the Huntington Marina Association that Mr. Nuss had abandoned the easement. Mr. Whitehead further stated he had contacted the Legal Department of the Coastal Commission relative to the parking situation because Mr. Nuss had violated the conditions placed by the Coastal Commission. Another resident, Spencer Alter, thanked the Board for allowing them to speak. Mr. Alter called to the Board's attention the dangerous situation which would be created there if this request is approved and reminded the Board of the City's liability, as well as that of -9- 11/6/85 - BZA Minutes, H. R. Board of Zoning Adjustments November 6, 1,85 Page 10 the individual Board members, in a situation of this nature. He mentioned that the condominium project has ninety-two units and the residents would also be using this driveway for exiting. Mr. Alter also stated that Mr. Nuss was charging $3.00 per hour or $15.00 per day for parking on his lot. R. B. LaMon, 15932 Mariner Drive, expressed his displeasure over the Board's previous actions relative to this project. Mr. LaMon said his garage is next to the drive and he was frequently blocked from getting out of garage by workmen, etc., on this project. The applicant, Donald R. Nuss, reiterated the fact he had been unable to receive permission from CalTrans for the left turn and also said he had been in contact with the Coastal Commission relative to the complaint about parking and the amended approval for the project. Mr. Nuss further stated he had attempted to work with the residents for a solution to the problems. In response to an unidentified female resident, Mr. Nuss agreed to pay a proportionate share of maintenance costs. A discussion then ensued among the Board members as to some possible solutions to relocation of the driveway and some type of gate which could be installed to prevent unauthorized people from parking in the area. UPON MOTION BY VINCENT AND SECOND BY EVANS# SITE PLAN AMENDMENT NO. 85-26 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Shift the exit driveway onto Mariner Drive towards the building as shown on revised plan prepared by Staff. b. Maximum width of this driveway shall be twelve feet (121). 2. Traffic gate with vehicle activated sensor shall be installed subject toyreview and approval by the Fire, Public Works and Development Services Departments prior to occupancy.' 3. The driveway shall be created by deleting the two (2) parking spaces and shall be designated and used for one-way exiting purposes only. -10- 11/6/85 - BZA C' [1 Minutes, H. B. Board of Zoning Adjustments November 6, 1985 Page 11 4. Appropriate curbing, landscaped planters, signage, pavement markings, and posts shall be installed along both sides of the southerly driveway to preclude vehicles from entering the one-way drive. 5. Trucks shall be prohibited from using the one-way driveway. 6. Prior to issuance of certificate of occupancy or 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 for any new planters. 7. Uses permitted on the First Floor of the development shall be limited to only visitor serving office uses permitted under S. 9491 of E-e Huntington Beach Ordinance Code. Retail uses are prohibited. 8. Prior to final approval of this Site Plan Amendment and modification to the drive, the applicant shall submit proof of an approved amended Coastal Commission Coastal Development Permit. 9. The Board of Zoning Adjustments reserves the right to revoke this Site Plan Amendment if any violation of these conditions of the Huntington Beach Ordinance -Code occurs. AYES: Cranmer, Evans, Smith, Vincent NOES: Godfrey_ ABSENT: None There was no further business to be presented to the Board for discussion. UPON MOTION BY SMITH AND SECOND BY CRANMER, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON TUESDAY, NOVEMBER 12, 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None A0 G6Gle K. Godfrey, Secretary Board of Zoning Adjustments jh (3683d) -11- 11/6/85 - BZA