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HomeMy WebLinkAbout1985-11-27 (7)r MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 27, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Smith, Vincent, Strange STAFF MEMBERS PRESENT: Hess, Poe MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith NOES: None ABSENT: None ABSTAIN: Vincent, Strange AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 85-81 USE PERMIT NO. 85-74 NEGATIVE DECLARATION NO. 85-71 Applicant: G. P. Building Enterprises UPON MOTION BY EVANS AND SECOND BY STRANGE, AND WITH CONCURRENCE OF THE APPLICANT, CONDITIONAL EXCEPTION NO. 85-81, USE PERMIT NO. 85-74, AND NEGATIVE DECLARATION NO. 85-71 WERE CONTINUED TO THE MEETING OF DECEMBER 4, 1985, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Vincent, Strange NOES: None ABSENT: None Tom Poe arrived at the meeting at this time - 1:37 P.M. REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 85-370 Applicant: Frank Mirjahangir A request for lot consolidation and Waiver of Final Map. Subject property is located at 311 Seventeenth Street (Northwest corner of Seventeenth Street and Olive Avenue). Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 2 - This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Scott Hess reported this project had been continued from the previous meeting since the applicant was not present and also to notify Paul Columbus of the request concerning this property. Staff stated both individuals had been contacted, and Staff is recommending approval of both the Tentative Parcel Map and Waiver of Final Map. Daryl Smith noted that a letter had been received from Paul Columbus stating he had not been notified of the Public Hearing for Conditional Exception No. 85-14 and Use Permit No. 85-14 concerning development of this particular property, and Mr. Columbus felt another meeting should be scheduled. Glen Godfrey stated the records of the Development Services Department indicated Paul Columbus and the adjacent property owners had been sent letters of notification for that Public Hearing. The applicant, Frank Mirjahangir, was present. He said the Tentative Parcel Map was in order and he would like the Board's approval of the request. Paul Columbus was also present and reiterated the statement he had not received a notice pertaining to the original meeting. He further stated he did object strenuously to the project. Les Evans called attention to the fact the present request before the Board of Zoning Adjustments was for approval or denial of a Tentative Parcel Map with Waiver of Final Map, and these were the issues that should be considered. He further stated the Tentative Parcel Map had been correctly submitted and the Board had no findings for denial, especially since the City had been encouraging consolidation of these small twenty-five foot (251) lots. UPON MOTION BY EVANS AND SECOND BY POE, TENTATIVE PARCEL MAP NO. 85-370 (WAIVER) WAS APPROVED WITH THE'FOLLOWING FINDINGS AND - CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control appropriate and approved public roads, facilities, environmental protection, Article 992 of the Subdivision Section sewer and water and other requirements of of the Ordinance Code. -2- 11/27/85 - BZA Minutes, H. 8. Board of Zoning Adjustments November 27, 1985 Page 3 - CONDITIONS OF APPROVAL: 1. The Tentative Parcel Map received by the Department of Development Services on October 24, 1985, shall be the approved layout (with the amendments as noted below). 2. The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Recorder's Office, a Certificate of Compliance in conjunction with the approved plat map. A copy of the recorded Certificate of Compliance and plat map shall be filed with the Department of Development Services prior to issuance of building permits on the subject property. 3. The existing corner radius at Seventeenth Street and Olive Avenue shall be shown an twenty feet (201). 4. The North arrow shall be shifted to correctly depict true North. AYES: Evans, Godfrey, Smith, Strange, Poe NOES: None ABSENT: None NOTE: Tom Poe seconded the motion and voted on this request since ie ad been present at the meeting of November 20, 1985, representing the Fire Department in place of Jim Vincent. - CONDITIONAL EXCEPTION NO. 85-78 USE PERMIT NO. 85-77 'Applicant: Robert R. Mandic CE REQUEST: To permit reduction of parking spaces from 9.10 to eight (8 , to allow one (1) compact parking space, reduction of ten foot (101) side yard to zero foot (01), reduction in planter width, and use of alley as required turning radius. UP REQUEST: To permit the reduction of building site area and frontage from 6,000 Square Feet and fifty foot (501) width for the purpose of constructing a 2,730 Square Foot professional service building. The subject property is located at 8092 Warner Avenue (Southwest corner of Warner Avenue and "B" Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff stated the property is vacant and is zoned Q-C4. This particular zone designation is the result of a Zone Change and the "Q" limits the uses on the property to general office type. The -3- 11/27/85 - BZA. Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 4 - - - applicant is proposing a 2,730 Square Foot bui-lding which would be utilized as a photography studio/office building.,_ Staff has prepared findings and conditions, both for approval-'or'denial of the project depending on the Board's determination. Staff expressed concerns relative -to -the size,of.the;structure, traffic maneuverability; -parking, -landscaping; and the proximity to a residential area. The Public"Heari6g was opened biChairman'Daryl Smith' and the owner and operator., of the proposed photography studio, Paul Thompson, was present to represent-.the'applidant, Robert R. Mandic. Mr. Thompson said most of his,photography.work was done outside..the,studio and he would have very .-few; people -_actually ' coming. to , the studio for' sittings. Mr: Thompson further, stated.he needed the larger building and space for processing and production of his photographic work. The Architect.of,'the`project,'Wayne Penny, was also present and stated he could see no problem with including the alley for the turning radius.,,Mr,. Penny felt limiting the size of the structure was creating an economic hardship concerning utilization'of this property. There was no one -else present.wishing to speak for or against the so the Public Hearing Iwas project closed. Staff mentioned.that;this­project had been referred to Redevelopment for review and they had no -problem -with it based on Staff's recommended plans.. This was followed -by, -a general,discussion - relative to the actual intent -'of -.the Zone'Change. UPON MOTION BY_EVANS AND -SECOND BY, -SMITH, -CONDITIONAL EXCEPTION NO. 85-78 AND USE PERMIT NO. 85-77 WERE DENIED WITH THE FOLLOWING FINDINGS, BY -THE FOLLOWING VOTE: - FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject'property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. 2. 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. A 21100 Square Foot building could be constructed with sufficient parking area and conforming setbacks. -4 11/27/85 - BZA Minutes, H. 7. Board of zoning Adjustments November 27, 1985 Page 5 3. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working in the vicinity. Lack of adequate on -site parking and maneuverability will result in vehicles backing out on "B" Street and increased parking on "B" Street. 4. Granting of Conditional Exception No. 85-78 and Use Permit No. 85-77 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 5. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. AYES: Evans, Godfrey, Smith, Strange NOES: Vincent ABSENT: None CONDITIONAL EXCEPTION NO. 85-80 Applicant: Keith Wichner A request to permit an addition to result in fifty-two percent (52%) site coverage and 196 Square Foot reduction in open space requirement (5.9130.9). The subject property is located at 607 Eleventh Street (West side of Eleventh Street approximately seventy-five feet (751) North of Acacia Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. According to Staff, the subject property is in the Town Lot Specific Plan and there is currently a two-story house on the property. The applicant is proposing to expand the First Floor and enclose portions of the Second Floor to a point where it would result in fifty-two percent (52%) site coverage. The applicant is further proposing to construct a Third Floor deck to compensate for the open space loss. Staff is recommending denial of the project because there are no special circumstances for granting the variance. Glen Godfrey asked how much open space would be available if the deck is included as open space. Scott Hess said the applicant was saying 600 Square Feet but Staff's calculations were 375 Square Feet of usable space. The Public Hearing was opened and Keith Wichner was present. Mr. Wichner stated it was his understanding from the City originally that the Third Floor deck would be meeting the open space requirements; otherwise, he would not have proposed constructing such a deck. Mr. Wichner further stated there has now been a new interpretation of the Code wherein the deck area will not be -5- 11/27/85 - BZA Minutes, H. 5. Board of Zoning Adjustments November 27, 1985 Page 6 considered open,;space. According to Mr. Wichner, his house was constructed four or five years ago but never lived in, has a very poor floor plan arrangement,- has an extremely large fireplace in the front which precludes expanding in -a forward direction, and sets back fifteen feet (151)�mor-e.than most of the,'others in the area., Furthermore, according to Mr. Wichner, other residences in the area cover at least fifty-five percent-(55%) of their, sites.,,;,, Glen Godfrey explained.,that--ordinarily-the decks -were constructed over the garage area,.,not-on-,top of the Second Floor, and -that a new Code Amendment-is_being.proposed which would allow-up-,-to,fifty-five percent (55%) site. coverage. ;A -general -discussion follow,ed.relative to revisions to ,the floor -plan and other alternatives for meeting the open space requirements. There was no one'else-present wishing_to-speak,so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 85-80 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 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. 85-80 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, floor plans, and elevations dated October 31, 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. -6-- 11/27/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 7 3. Proposed structures shall be architecturally compatible with existing structures. 4. Alley dedication of two and one-half feet (2-1/21) shall be required per Public Works standards. 5. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. AYES: Evans, Smith, Vincent NOES: Godfrey, Strange ABSENT: None Glen Godfrey asked that the Minutes reflect his "NO" vote was because he felt the addition is over -size for the site and the deck above the Second Floor is not appropriate architecturally for the neighborhood. ADMINISTRATIVE REVIEW NO. 85-48 Applicant: Unocal/Tufan Ince A request to permit modernization of an existing service station. Subject property is located at 16471 Bolsa Chica Street (Northwest corner of Bolsa Chica Street and Heil Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff reported there is currently a service station on the site with two (2) service bays. The applicant wishes to modernize the station and add a third bay. Staff is recommending approval of the project with conditions. Following a discussion of the conditions, including deletion of a driveway approach, additional landscaping with fifteen (15) gallon trees, street lights along Heil Avenue and Bolsa Chica Street, and reciprocal driveway easements, the applicant's representative requested a continuance to the meeting of December 4, 1985, to discuss the extensive conditions with the corporate offices. UPON MOTION BY EVANS AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 85-48 WAS CONTINUED, AT THE REQUEST OF THE APPLICANT'S REPRESENTATIVE, TO THE REGULAR MEETING OF DECEMBER 4, 1985, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Vincent, Strange NOES: None ABSENT: None -7- 11/27/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 8' REQUEST FOR_RECONSIDERATION OF 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. Scott Hess said- a" le't_ter-_"head been 'received from the',_ `appli'c'ant requesting reconsideration of Administrative Review No.' 85-50, and the applicant had revised"his plans to conform with recommendations made by the Board. -at -'their last meeting. Staff is recommending reconsideration and approval 'of the -new plan with conditions. Glen Godfrey asked if the letter he had requested at the previous meeting had been"received from Burger King and Staff said it had not been received.: -There was a" general discussion of the project and the revisions which"h'ad been made in the plans. UPON MOTION BY SMITH AND SECOND BY POE, RECONSIDERATION OF ADMINISTRATIVE REVIEW NO. 85-50 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Poe',, -Strange NOES: None ABSENT:- None Staff presented the question of the two-way menu speaker system and it was determined it.would.need ,to conform with the City's Noise Code. Daryl Smith asked that a condition by,placed requiring changing of the easements prior, to issuance of building permits. The applicant, Gene Miles, and Abba Gader, lessee,of the property, were present. UPON MOTION BY SMITH AND.SECOND BY POE, ADMINISTRATIVE REVIEW N0._85-50 WAS APPROVED WITH THE.FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 21, 1985, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: -8- 11/27/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 9 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 indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Landscaping shall comply with S. 9432.6.5 and Article 979 of the Huntington Beach Ordinance Code. A minimum two foot (21) high berm shall be provided in the ten foot (10') wide planter along Brookhurst Street. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Driveway approaches shall be a minimum of twenty-seven feet (271) in width. 6. The two-way menu order speaker system shall conform to_the Noise Ordinance of the City of Huntington Beach. 7. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 8. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. All free-standing signs shall be low -profile, monument -type signs. 9. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 10. Low -volume heads shall be used on all spigots and water faucets. 11. 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. 12. 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. 13. Prior to the issuance of building permits, an irrevocable reciprocal driveway easement shall be secured at the West end of the site between the subject property and abutting southerly parcel for the benefit of both parcels in exchange for relinquishing the abutting southerly parcel's existing easterly -9- 11/27/85 - BZA Minutes, H. B. Board of Zoning Adjustments November 27, 1985 Page 10 easement. -The' existing easterly easement -on the subject property shall remain but not necessarily be utilized. At such time as an entitlement is required on the abutting southerly, parcel, an -irrevocable reciprocal driveway easement shall be obtained at -the East -end for access between the two parcels. AYES: Evans, -Smith, Poe, Strange NOES: Godfrey ABSENT: None NOTE: Tom Poe seconded the motion and voted on this request since E-e—Fad been present at the meeting of November 20, 1985, representing the,Fire_Department in place of Jim Vincent. There was no further business to be presented to the Board for consideration. UPON MOTION BY SMITH AND SECOND BY VINCENT, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, DECEMBER 21 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Vincent, Strange NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (3815d) -10 11/27/85 - BZA