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HomeMy WebLinkAbout1986-10-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 22, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Krejci, Poe, Patapoff, Smith STAFF MEMBERS PRESENT: Phillips, Pierce MINUTES: UPON MOTION BY POE AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF OCTOBER 15, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None ABSTAIN: Smith REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-81 USE PERMIT NO. 86-79 Applicant: Michael Mehalick CE REQUEST: Part 1 - To permit a garage addition to encroach two feet 21) into the required five foot (51) side yard Part 2 - To allow front balcony to satisfy open space UP REQUEST: To permit an addition to a single family dwelling with nonconforming open space Subject property is located at 320 Twenty-second Street (East side of Twenty-second Street approximately one hundred feet (100') South of Orange Avenue). This request is covered by Categorical Exemption, Classes 1 and 5, California Environmental Quality Act, 1986. Staff member, Laura Phillips, reported the requests were to allow interior alterations and additions to a residence with nonconforming open space. A new balcony will be constructed on the front portion of the dwelling to replace the portion of a rear balcony which is being integrated into the Master Bedroom. Also, the applicant is requesting a garage addition to encroach two feet (21) into the Minutes, H. B. Board of Zoning Adjustments October 22, 1986 Page 2 required five foot (5') side yard. Staff has reviewed the project and can find no land -related hardship to allow the variance into the side yard setbacks; therefore, Staff would recommend Denial of that portion of the request. Construction of the balcony in the front would help satisfy the open space requirement. Staff would recommend Approval of that portion of the Conditional Exception and also of the Use Permit. Daryl Smith asked for clarification of the issue concerning the garage. 'Staff explained there is an existing six foot (61) area and this addition would leave only three feet W ) to the property line. Code requires five feet (51); thus the two foot (21) encroachment. Staff also called attention to the fact the garage was situated at zero foot (01) property line on the opposite side. The Public Hearing was opened by Chairman Tom Poe simultaneously on both requests. The applicant, Michael Mehalick, was present and explained he needed the garage addition for storage space for bikes, surfboards, etc. Mr. Mehalick said this seemed the easiest and most economical way for an expansion. He also broached the subject of a side door on the garage to replace the entrance from the residence. There was a discussion about alley dedication and it was determined by Bill Patapoff that it had been made. There was also a discussion relative to making the addition at the rear of the garage. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Glen Godfrey suggested approving the Use Permit but denying the Conditional Exception with direction to the applicant to pursue the extension of the garage to the alley within the parameters of the Ordinance Code. The applicant called the Board's attention to the fact he had submitted photographs of the existing buildings. There was a further dissertation about the adjacent garage being attached to the applicant's garage. Mr. Mehalick said he was not sure the adjacent property owner would want to extend that garage towards the alley. Mr. Godfrey then stated he would not like the arrangement of the applicant's garage extending beyond the adjacent garage. Daryl Smith agreed with Mr. Godfrey and said he could find no land -related hardship to allow the garage extension. UPON MOTION BY GODFREY AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 86-81 (PART 1) WAS DENIED AND CONDITIONAL EXCEPTION NO. 86-81 (PART 2) AND USE PERMIT NO. 86-79 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -2- 10/22/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 22, 1986 Page 3 FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (PART 1): 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. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (PART 2): 1. The granting of Conditional Exception No. 86-81 (Part 2) will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 2. The granting to the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION (PART 2): 1. The site plan, floor plans, and elevations received and dated October 8, 1986, shall be revised to delete the proposed garage addition. 2. All Conditions of Approval of Use Permit No. 86-79 shall be applicable. FINDINGS FOR APPROVAL - USE PERMIT: 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 applicant is providing additional open space on the Second Floor to offset that being removed by the proposed building additions. -3- 10/22/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 22, 1986 Page 4 SPECIAL CONDITIONS OF APPROVAL - USE PERMIT: 1. The site plan, floor plans, and elevations received and dated October 8, 1986, shall be revised to delete the proposed garage addition. 2. Low -volume heads shall be used on all spigots and water faucets. 3. 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. 4. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Landscaping shall comply with S. 9130.12 of the Huntington Beach Ordinance Code. AYES: Godfrey, Krejci, Patapoff, Poe, Smith NOES: None ABSENT: None After questioning by the applicant, Tom Poe explained the Board's action and that the applicant had a ten (10) day period within which to appeal the Board's decision. TENTATIVE PARCEL MAP NO. 86-378 Applicant: Mola Development Corporation A request to establish two (2) parcels for phased construction of Lots 9 and 10, Tract 11886. Subject property is located South of Seabridge Lane between Bridgeside Lane and Seabright Lane (six hundred fifty feet (6501) East of Beach Boulevard). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. Staff reported this request was to establish two (2) parcels for the phased construction of the Seabridge Condominium development near the corner of Beach Boulevard and Adams Avenue. Staff said the suggested conditions would require the four (4) perimeter streets of the development to become cul-de-sacs prior to final inspection of -4- 10/22/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 22, 1986 Page 5 the proposed construction. Staff also stated all previous conditions of Tentative Tract 11673 and Conditional Use Permit No. 81-34 should remain in effect. With these conditions in mind, Staff would recommend approval of the request. Bill Patapoff said the suggested conditions presented by Staff should be amended to read "Beach Boulevard and Memphis Avenue" rather than Beach Boulevard and Adams Avenue. The applicant's representative, Peter Von Elton, agreed to the conditions as presented and amended. Richard A. Harlow was also present at the meeting to represent Mola Development Corporation. UPON MOTION BY GODFREY AND SECOND BY PATAPOFF, TENTATIVE PARCEL MAP NO. 86-378 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision into two (2) parcels for purposes of phasing is 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 Tentative Tract No. 11673 was approved. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision 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: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Development Services on October 9, 1986, shall be the approved layout (with the amendments as noted thereon). 2. The four (4) perimeter streets shall be cul-de-sacs prior to final inspection of any buildings within the parcel map area. -5- 10/22/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 22, 1986 Page 6 3. All applicable conditions of Tentative Tract No. 11673 and Conditional Use Permit No. 81-34 shall remain applicable. 4. Traffic signal plans shall -be submitted to and approved by the City of Huntington Beach for the intersection of Coldwater Lane and Adams Avenue and the intersection of Beach Boulevard and Memphis Avenue -prior to final inspection of any buildings within the parcel map area. 5. Traffic signal conduit shall be installed at Coldwater Lane and Adams -Avenue prior to final inspection of any buildings within the parcel map area. AYES: Godfrey, Krejci, Patapoff, Poe, Smith NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY SMITH AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, OCTOBER 27, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Godfrey, Krejci, Patapoff, Poe, Smith NOES: None ABSENT: None &96" 1 Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (6506d) -6- 10/22/86 - BZA