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HomeMy WebLinkAbout1985-11-20MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 20, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Poe STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY EVANS AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF NOVEMBER 13, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-79 Applicant:. Wayne Howard Construction A request to permit 900 Square Feet of open space to be provided in two (2) areas with portion in the front yard in lieu of rear two-thirds (2/3) of the lot. Subject property is located at 9201 Christine Drive (North side of Christine Drive approximately seventy feet (701) East of Capistrano Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Scott Hess reported the subject property is zoned R-1 and the applicant is proposing a two-story addition to a single family residence. He will be expanding the Family Room on the First Floor and a Bedroom and retreat on the Second Floor. This will cause a reduction in the open space in the rear to 621 Square Feet. He does meet the Code by having the 462 Square Feet in front. Staff has reviewed the request and is recommending approval with conditions. Daryl Smith asked if allowing the open space in the front rather than in the rear of -the property would meet the Code requirements and Staff replied it would. Ross Cranmer stated he did not note any "special circumstances" which would warrant granting the request. Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 2 _ The Public Hearing was opened by Chairman Smith and the property owner, Ron Parham, was present. Mr.' Parham said his neighbors were agreeable to the proposed expansion. 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 POE, CONDITIONAL EXCEPTION NO. 85-79 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL:- 1. Granting of relocation of open space will not reduce the required total open space area (900 Square Fe'et).` 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. 85-79 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 site plan, floor plans, and elevations received and''dated October 28, 1985, shall be the approved layout. 2. The block wall shall be a minimum fifteen feet (151) from the front property line. AYES: Evans, Godfrey, Smith, Poe NOES: Cranmer ABSENT: None -2- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 3 USE PERMIT NO. 85-72 Applicant: Lee Short A request to establish a 1,599 Square Foot cocktail lounge in an existing neighborhood commercial center within a C4 Zone. Subject property is located at 20387 Beach Boulevard (Northwest corner of Beach Boulevard and Joliet Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff stated the applicant had just submitted a request for a two (2) week continuance for readvertising the project as a sandwich shop/restaurant which serves cocktails instead of being shown as a cocktail lounge. Daryl Smith asked why the applicant was requesting this different wording and how that would affect the actual operation of the establishment. Staff explained the applicant wished to submit a revised floor plan showing more eating space rather than the extensive bar area indicated on the present plan. Staff has received a petition bearing sixty-two (62) signatures of residents in the area who oppose the cocktail lounge concept. The Public Hearing was opened by Chairman Smith and the applicant, Lee Short, was present. Mr. Short requested the two (2) week continuance stating the words "Sandwich Shop" were not included in the letter which was mailed by the City of Huntington Beach to the adjacent residents. Mr. Short reiterated the fact he would be serving food (both hot and cold sandwiches, as well as soup). Upon questioning by Glen Godfrey,'Mr. Short said he did have a liquor license which had been issued by the State and he would be serving mixed drinks. Tom Poe asked if the applicant would be establishing a kitchen or grill area and Mr. Short replied he would not. Glen Godfrey asked Mr. Short if he would have any objections to the Board's limiting his hours of operation, and Mr. Short replied he would not be pleased if they did so. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. This was followed by an extensive discussion between the Board members relative to the actual intent of the request, and Staff stated there would be ample parking for either use. UPON MOTION BY GODFREY AND SECOND 13Y EVANS, USE PERMIT NO. 85-72 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: -3- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 4 FINDINGS FOR DENIAL: 1. The proposed cocktail lounge will not be compatible with adjacent residential properties. The proposed use will be within forty feet (401) of a residence. 2. The -establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working in the vicinity. 3. On site parking and -circulation are inadequate and have the potential-'of'creating a congestion and circulation hazard. The driveway on Joliet Avenue conflicts with the required on -site parking spaces. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None - - ABSENT: None The applicant was advised of the ten (10) day appeal period. ADMINISTRATIVE REVIEW NO. 85-50 Applicant: Gene Miles, Architect A request to construct -a 2,063-Square Foot drive-thru restaurant within a C2 Zone. Subject -property is located on the West side of Brookhurst Street near the intersection of Kukui Drive. This request is covered by Categorical Exemption, Class 1 (e), California Environmental --Quality Act, 1984. Staff stated the subject property is vacant, is located in a C2 Zone, and is adjacent to a Burger, -King restaurant..'There,is a dead end pocket at -the rear -of -the property which would make turning around very difficult. The applicant has not been maintaining an easement which was -imposed in 1976 when Burger King was constructed. The applicant has now-submitted'a new -plan and informed us that Burger King will agree to shifting this"easment to the rear. It is felt -by -staff that an easement in the rear would provide better circulation around the building and=Staff presented a modified plan to the Board showing.access to and from the location. Staff also recommended that the menu order speaker.be operated at low volume at night because of the adjacent mobile home park. There was a general discussion about the height of the wall which would be required. The applicant, Gene Miles, was present and asked to see the revised plan proposed by Staff. Mr. Miles explained several people were involved in the proposal and obtaining the easements could create a problem for them. Abba Gader, lessee of -4- 11/20/85 - BZA .Minutes, H. E. Board of Zoning Adjustments November 20, 1985 Page 5 the property, said every time they came to the City, changes were made in what the City was requiring and they were having a lot of difficulty meeting these changes and obtaining easements and/or cooperation from Burger King. A lengthy discussion followed concerning the items suggested and the applicants expressed their displeasure with the suggestions and changes. UPON MOTION BY EVANS AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 85-50 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The site plan depicts an outdoor patio area encroaching thirteen feet (131) plus or minus (+) into the required fifty foot (501) setback without providing additional landscaping pursuant to S. 9432.6.5. 2. On -site parking layout and circulation are inadequate and have 3. the potential of creating a congestion and The advent of another fast food restaurant circulation hazard. in that vicinity will cause additional traffic congestion on Brookhurst Street and another drive-thru restaurant in that area is not needed. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None The applicant was advised of the ten (10) day appeal period. ADMINISTRATIVE REVIEW NO. 85-53 Applicant: CoPa Constructors, Inc. A request to complete a Second Floor addition by adding 5,927 Square Feet. Subject property is located at 5872 Engineer Drive (Southwest corner of Engineer Drive and Transistor Lane). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. According to Staff, this property is in an M1A Zone. The master plan originally approved for this project has expired and the applicant is now requesting a 5,927 Square Foot addition on the Second Floor to complete the building. Staff is recommending approval with submittal of a revised site plan depicting deletion of four (4) parking spaces. -5- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20,'1985 Page 6 David Cole was present to represent the applicant and agreed to the conditions. 'There was a discussion concerning the square footage included in the original application and building permit, and it was determined the addition should not create a total in excess of 20,770 Square Feet for the entire building. Tom Poe reminded the applicant the additional -portion would require a -fire sprinkler system, and Glen Godfr-ey clarified uses for the building which would be allowed in the M1A Zone. UPON MOTION BY EVANS AND SECOND BY CRANMFR, ADMINISTRATIVE REVIEW NO. 85-53 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 24, 1985, shall be the conceptual layout subject to a revised site plan being submitted depicting the modifications described herein: a. Deletion of -proposed future parking. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. All provisions of Administrative Review No. 80-25 and Conditional Exception No. 80-28 shall be applicable. 4. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department..regulations. 5. Proposed structures -shall be'architecturally compatible with existing structures. 6. 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. 7. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Cranmer, Evans, Godfrey, Smith,,Poe NOES: None ABSENT: None J -6- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 7 TENTATIVE PARCEL MAP NO. 85-370 Applicant: Frank Mirjahangir A request for lot consolidation and Waiver of Final Map. Subject property is located at 301 Seventeenth Street (Northwest corner of Seventeenth Street and Olive Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported that neither Frank Mirjahangir nor a representative was present at the meeting. Glen Godfrey asked if Mr. Columbus had been notified relative to this hearing and Staff replied he had not. Mr. Godfrey suggested a continuance might be in order since Mr. Columbus had requested being notified of any action taken concerning this particular piece of property. UPON MOTION BY GODFREY AND SECOND BY POE, TENTATIVE PARCEL MAP NO. 85-370 WAS CONTINUED TO THE MEETING OF NOVEMBER 27, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Godfrey, Smith, Poe NOES: ABSENT: Evans None TENTATIVE PARCEL MAP NO. 85-386 Applicant: Hartge Engineering Company A request to consolidate several parcels and divide into two (2) parcels. Subject property is located on the South side of -Talbert Avenue approximately 365 feet East of Gothard Street. This request is covered by Categorical Exemption, Class 15; California Environmental Quality Act, 1984. Staff stated he was recommending approval of the consolidation subject to conditions. Joe Hartge was present to represent the applicant, Hartge Engineering Company. Les Evans explained that all improvements were not normally required until the property was fully developed but stated the City could require them in this instance since there was an existing house on the property. Mr. Hartge explained the property was in escrow at the present time and these requirements could cause problems for Cablesystems in completing the transaction. The condition was changed to state that all improvements should be installed on Talbert Avenue and improvements on Harriman Street shall be installed or bonded to the satisfaction of the Public Works Department. Mr. Hartge agreed to the conditions as revised. -7- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 8 UPON MOTION BY EVANS AND SECOND BY CRANMER, TENTATIVE PARCEL MAP NO. 85-386 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation 'of several parcels into two (2) for purposes of commercial us'e 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 commercial 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). 2. A parcel map shall be filed with and approved by the -.Department of Public Works and recorded with the Orange County Recorder. 3. Harriman Street and -Talbert Avenue 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 utilities shall be installed underground at the time said parcel(s)-is/are developed. -8- 11/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 20, 1985 Page 9 7. Compliance with all applicable City Ordinances. 8. The flood control channel shall be fenced to Flood Control District standards and City standards at the time said parcel(s) is/are developed. 9. The property shall participate in the local drainage assessment district at the time said parcel(s) is/are developed. (Contact the Department of Public Works for additional information). 10, A copy of the recorded parcel map shall be filed with the Department of Development Services. 11. Prior to approval of a Final Map, all public improvements shall be installed on Harriman Street and improvements on Talbert Avenue shall be installed or bonded to the satisfaction of the Public Works Department. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None There was no further business to be presented to the Board for review. UPON MOTION BY POE AND SECOND BY CRANMER, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, NOVEMBER 25, 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None 4 Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (3766d) -9- 11/20/85 - BZA