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HomeMy WebLinkAbout1987-02-04MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 4, 1987 - 1.30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Phillips MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE MEETING OF JANUARY 14, 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe NOES: None ABSENT: Smith UPON MOTION BY POE AND SECOND BY EVANS, MINUTES OF THE MEETING OF JANUARY 21, 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe NOES: None ABSENT: Smith Daryl Smith arrived at the Meeting at this point - 1:33 P.M. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-3 Applicant: James'A. Candelmo A request to permit�a five foot (5') side yard setback for a garage with a zero foot (0 ) side yard setback on opposite side (in lieu of required ten foot (10') setback). Subject property is located at 716 Fourteenth Street (East side of Fourteenth Street approximately 175 feet North of Palm Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reported the request was for a zero foot (0') side yard setback for a garage with a deck above, and the property is located in an R-1 Zone.. When one side yard is at a zero foot (0 ), the other side must have ten feet (101). In this Minutes', H. B. Board of Zoning Adjustments February 4, 1987 Page 2 case, the lot is only twenty-five feet (25') wide. With a twenty foot (201) garage, there would be only five feet (51) left. Staff feels there is a hardship in this case since the Code was established basically for parcels of wider widths so Staff is recommending approval with the alley dedication and compliance with Building Department standards. Glen Godfrey asked Staff if she had checked for other structures on the lot and Staff stated there were no others except for the existing residence. Mr. Godfrey then asked Staff if,the applicant had attempted to obtain a three foot (31) easement from the adjacent property owner and Ms. Phillips stated she had nothing in the records to so indicate. Dennis Krejci inquired as to the type of decorative wall which would be required and Staff replied the Code did not stipulate the type. The -Public Hearing was opened by Chairman Dennis Krejci. The applicant, -James A. Candelmo, was present and stated he was requestin that the variance be granted because of the lack of room on the to . He said he wanted to build_a 20' x 20' garage and he did not have the required ten feet of space left. Mr. Candelmo added he might be able to obtain the three foot (31) easement from the neighbor next door. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. In reply to a question by Les Evans, Daryl Smith replied the City's Code had been revised to require larger garages. Mr. Evans then asked why the applicant could not reduce the garage to nineteen feet (191) and have three feet (31) on each side of the garage. Glen Godfrey interjected that the applicant could situate the garage in this,mannerf he would be meeting minimum setbacks and still have ample space for.two (2) cars. Mr. Candelmo, upon questioning by Mr. Smith, said he would prefer having the five foot (51) walkway space and that he needed the larger size.garage for ease of access and additional storage. Tom Poe said the Fire Department would rather have the five foot (51) space on one'side for maneuvering their fire equipment onto the lot. Mr. Poe added the zero side would require a fire resistant wall and some provision should be made for proper roof drainage. Daryl Smith asked that a condition be added for placing gutters so water would drain to the street and not onto the adjacent property. Daryl Smith stated he would move for conditional approval of the request and Tom Poe said he would second the motion. -2- 2/4/87 - BZA Minutes, H. B. Board of Zor.:ing Adjustments February 4, 1987 Page 3 Dennis Krejci stated he had concerns about the requirements on this lot being more restrictive than on town lots and with building on the zero foot (0') lot line. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 87-3 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 - (25-foot wide lot with alley access). 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. 87-3 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. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 13, 1987, shall be the approved layout. 2. Alley dedication of two and one-half feet (2-1/21) shall be required prior to issuance of building permits. 3. The garage shall be provided with roof gutter on zero.foot (01) setback side with a downspout to the alley to assure that drainage is directed away from abutting northerly property. 4. The zero foot (01) setback wall shall be constructed of maintenance free, solid decorative masonry to Building Department and Fire Department Standards. 5. Maximum separation between building wall and property line shall not exceed two inches (2"). 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. -3- 2/4/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 4 7. 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. - 8. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance -Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. AYES: Evans, Poe, Smith' NOES: Godfrey, Krejci ABSENT: None . Glen Godfrey added. that his "NO" vote was for the reasons previously stated - that the garage-could..meet the minimum setbacks and still provide parki-ng-for.two_(2) cars. CONDITIONAL EXCEPTION NO. 87-5 USE PERMIT NO. 87-2 Applicant: John David King CE REQUEST: To permit 1) private yards to fulfill common open space requirements and 2) minimum seven foot (71) with average eleven foot, eight inch (1l'-811) exterior side yard setback in lieu of required minimum fifteen foot (151) with average twenty foot (201) side yard setback. - UP REQUEST: To permit a six (6) unit apartment complex. Subject property is located -on the Southeast corner of Cypress Avenue and Elm Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff reminded the Board.this.was a request for a six (6) unit apartment project.in an-R-2 Zone and had previously been Denied by the Board under a different entitlement number. Staff further reminded the Board the project had originally been designed for access from Cypress Avenue but Redevelopment had required access from Elm Street. ,The applicant.'had redesigned the project to accommodate Redevelopment's requirements. Redevelopment then determined that Cypress Avenue would eventually become a cul-de-sac -4- 2/4/87 - BZA 1 Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 5 street and is now allowing access from Cypress Avenue. The applicant is also requesting that private open space be counted for common open space. The lot is on a corner and is rectangular in shape. Staff could find no land -related hardship so recommended denial of the Conditional Exception but approval of the Use Permit with setbacks to meet the Code. The Public Hearing was opened and John David King, the applicant, was present. Mr. King reiterated staff's statements regarding the previous denial. He explained that Redevelopment had not yet determined where the cul-de-sac area would be placed but possibly part of the street would be dedicated back to the property. Mr. King added that the location would have commercial property across the street and would not be a typical residential area. He requested that the Board approve both the Conditional Exception and the Use Permit. Dennis Krejci asked Staff if the letter from Redevelopment agreeing to the Cypress Avenue access was in the file and Staff replied it was. Ruben J. Alvarez, 17162 Elm Street, stated he was an adjacent property owner and was concerned about the driveway on Elm Street. Daryl Smith explained the driveway was being shifted back to Cypress Avenue, and Mr. Alvarez stated he had no further concerns. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith said he had reviewed the project with a representative from Redevelopment and the property to the rear will have a ten foot setback, as well as the commercial properties across the street. This area, Mr. Smith added, will no longer be primarily residential and the applicant should not be required to meet strict residential standards for the project. Mr. Smith added he would move for approval of the Conditional Exception with Findings and Conditions, and Dennis Krejci seconded the -motion. UPON MOTION BY SMITH AND SECOND BY KREJCI, CONDITIONAL EXCEPTION NO. 87-5 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-5: 1. Granting of reduction in common open space will not reduce the required total open space area. 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 -5- 2/4/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 6 . found to deprive the subject property of privileges enjoyed by other properties in the vicinity because the intent of the exterior side yard setback within the Residential Zone is to, among other things, protect the integrity of the land use and, WHEREAS, the adjoining lot to the East is commercial with a ten foot (10') setback, and WHEREAS, the property immediately to the North and across the street from the lot setback in question is also commercial with a ten foot (101) setback, the twenty foot (201) setback is unreasonable and unnecessary since the residential integrity is non-existent and, therefore, warrants a deviation from the Code to allow for a lesser setback as requested. 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. 87-5 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. SPECIAL CONDITIONS OF.APPROVAL - CONDITIONAL EXCEPTION NO. 87-5: 1. The site plan, -floor plans, and elevations received and dated January 9, 1987, shall be'the approved layout. 2. All Conditions of Approval of Use Permit No. 87-2 shall apply. AYES: Krejci, Poe, Smith NOES: Evans, -Godfrey ABSENT: None UPON MOTION BY SMITH AND SECOND BY KREJCI, USE PERMIT NO. 87-2 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - USE PERMIT NO. 87-2 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 Use Permit No. 87-2 will not adversely affect the General Plan and Land Use Map. -6- 2/4/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 7 3. The proposal is consistent with the goals and objectives of the City s General Plan and Land Use Map. CONDITIONS OF APPROVAL - USE PERMIT NO. 87-2; 1. The site plan, floor plans, and elevations received and dated January 9, 1987, shall be the approved layout. 2. Prior to issuance of 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. 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. Prior to issuance of building permits, applicant shall submit proof of legal subdivision or file a Tentative Parcel Map. 4. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 5. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low -volume heads shall be used on all spigots and water faucets. 9. 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. 10. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT NO. 87-2: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. -7- 2/4/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 8 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. Landscaping shall comply with Article 912 of the Huntington - Beach Ordinance Code. 4. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-2 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 87-112 Applicant: Anthony Ursino A request to consolidate two (2) parcels into -one (1) parcel. Subject property is located at 936 Tenth Street (South side of Tenth Street approximately fifty feet (501) West of Lake Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff reported this was a request for•consolidation of two (2) lots into one fifty foot (501) lot. There is an existing house on this site and the applicant -wishes to make an addition to it. The alley dedication will have to be made prior to recordation of the map. Glen Godfrey asked -Les Evans if he was satisfied with the map and Mr. Evans replied he was. The applicant, Anthony Ursino, was present and agreed to the conditions presented by Staff. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 87=112 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation of two (2) parcels for purposes of residential 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. -8- 2/4/87 - BZA Minutes, H. B. Board of Zcning Adjustments February 4, 1987 Page 9 3. The property was previously studied for this intensity of land use at the time the land use designation for community residential district allowing residential 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: 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 January 23, 1987, 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. Alley 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 is developed (if such systems exist within 200 feet of said parcel). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed (if such systems exist within 200 feet of said parcel). 6. All utilities shall be installed underground at the time said parcel is developed. 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. All vehicular access rights along Tenth Street shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None -9- 2/4/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 4, 1987 Page 10 There was no further business to be presented to the Board for their review. UPON MOTION BY GODFREY AND SECOND BY SMITH, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, FEBRUARY 9, 1987, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, retary Board of Zoning Adjustments jgh (7393d) 1 -10- 2/4/87 - BZA