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HomeMy WebLinkAbout1987-02-18MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 18, 1987 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Phillips MINUTES: UPON MOTION BY POE AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF FEBRUARY 41 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE:' AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans MINUTES OF THE REGULAR MEETING OF FEBRUARY 11, 1987, WERE DEFERRED TO THE MEETING OF FEBRUARY 25, 1987, BECAUSE THE BOARD MEMBERS HAD NOT RECEIVED THEM IN TIME FOR PROPER REVIEW. REGULAR AGENDA ITEMS: COASTAL DEVELOPMENT PERMIT N0. 87-1 ADMINISTRATIVE REVIEW NO. 87-3 Applicant: The Kar Kare Company A request to permit a seasonal parking lot. Subject property is located on the North side of Pacific Coast Highway between Second Street and Third Street. This request is covered by Categorical Exemption, Class ll,. California Environmental Quality Act, 1986. Laura Phillips, Staff member, reported she had just recently been advised that the property is not owned by the applicant nor the person listed on the application as the owner. Rather, that it is owned by the City of Huntington Beach. Staff recommended a continuance until a later date so the matter could be resolved. Chairman Dennis Krejci opened the Public Hearing and the applicant's representative, Ed Bonanni, was present. Mr. Bonanni said he had operated the parking lot for several years and it was his understanding it was owned by Pacific Heritage - and that was the way it had been handled last year. Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 2 Glen Godfrey said information had been received that Mr. Bonanni would have to check with Doug La Belle of Administration and Dan Brennan of Property Management because they had concerns this year with a seasonal parking lot on this property. Daryl Smith asked the applicant if he would be willing to request a continuance and Mr. Bonanni asked for a continuance for one (1) week. Dennis Krejci asked when the applicant planned to open the parking lot and Mr. Bonanni replied the end of May. He added he would work with the City to resolve this problem. The Public Hearing remained open to the next regularly scheduled meeting. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 87-1 AND ADMINISTRATIVE REVIEW NO. 87-3 WERE CONTINUED TO THE REGULAR MEETING OF FEBRUARY 25, 1987, BY THE FOLLOWING VOTE: AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans CONDITIONAL EXCEPTION NO. 87-10 Applicant: E. Van Vlahakis A request to permit a six foot (61) high block wall to encroach four feet (41) into the required fifteen foot (151) front yard setback. Subject property is located at 16727 Bolero Lane (West side of Bolero Lane approximately five hundred feet (500') South of the intersection with Baruna Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Les Evans arrived at the meeting at this time - 1:45 P.M. Staff reminded the Board this was a request to permit an existing six foot (61) high block wall which was encroaching into the front yard setback and encompassing an existing swimming pool. A permit was issued for the pool in 1984, based on plans showing the pool back of the setback area. The applicant arbitrarily decided to build the pool to the setback line, which'necessitated encroaching four feet (41) into the setback area with the block wall. Staff added this request had previously been before the Board, and, at that time,, had been referred to the Planning Commission. They denied the request and it was subsequently appealed to the City Council. That body also denied the applicant's request. The -2- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 3 applicant has not removed the wall nor has the City followed up with any legal action since that time. Mr. Vlahakis has now returned to the City with a request for this same variance. Staff further reminded the Board that, when Huntington Harbour was first established, many variances were granted for side entry garages which were allowed at the ten foot (101) front property line. Since that time, it has been changed to fifteen feet (151). Staff cannot find a land -related hardship so would recommend denial of the applicant's request. Daryl Smith said he was understanding Staff, by recommending denial of the request, to be recommending removal of the wall. Glen Godfrey said he understood that Mr. Vlahakis had, when he saw his contractor building the pool and wall as shown on the plans, instructed the contractor to build the wall encroaching four feet (41) into the front yard setback - and then he had requested the variance. Since more than one (1) year has elapsed, the feeling from the Legal Department was that the Court would say go back to the City and make the request again. The Public Hearing was opened and the applicant's representative, Elli Manolas (who identified herself as Mr. Vlahakis' daughter) was present. Ms. Manolas said Mr. Vlahakis was out of the city and could not be present at the meeting. She added that the applicant was away about three -fourths of the month because he had plants in three states, and it was difficult for him to be in attendance. Ms. Manolas added there had been no complaints from the neighbors regarding the wall, it did not affect the health or well being of anyone, and it was a beautiful wall which had replaced an old wooden fence. She further stated she would accept a continuance until a time when Mr. Vlahakis could be present if the Board so desired. Glen Godfrey reminded the Board of the mandatory processing time for the request. Ms. Manolas added that James W. Palin had, at the previous City Council hearing, noted that by allowing that request the City Council would be in accordance with Section 9830 and Article 986 of the Ordinance Code. Daryl Smith asked her if that was what Mr. Palin had said a year ago and she stated that was correct. There was a discussion about a planter area adjacent to the wall and Ms. Manolas presented a photograph to the Board. Daryl'Smith stated that if the wall was moved back, it would be encroaching into the pool area. Dennis Krejci then reminded the applicant's representative that the Board had several alternatives - approval, denial, approval with conditions, or continuance. Mr. Krejci asked Ms. Manolas if she was requesting a postponement, and she replied only if the information she had given the Board was not sufficient. She added her Father would probably be able to say more in his -3- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 4 defense and it would be better if,he was present; however, he would be away for three (3) weeks. Glen Godfrey said a three (3) week continuance could not be granted because of the mandatory processing time. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith stated he could -find nothing different 'in the circumstances than they had been the previous year. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 87-10 WAS 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. 3. The subject property was legally subdivided and developed in a manner consistent witb--applicable zoning laws. 4. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. 5. Encroachment into the required -setback is not compatible with setbacks established for properties in'the vicinity and would constitute a special privilege inconsistent with limitations upon those properties. 6. The swimming pool permit was issued in compliance with City. codes. The approved plan depicted the wall to be constructed on bond -beam. AYES: *Evans, Godfrey,,•Krejci,• Poe, Smith NOES: None ABSENT: None ' -4- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 5 USE PERMIT NO. 87-3 Applicant: Southwest Wholesale Nursery A request to permit operation of a wholesale nursery. Subject property is located at 21251 Bushard Street (North of Hamilton Avenue and West of Bushard Street along Edison Company right-of-way). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported this was a request to permit the continued operation of a wholesale nursery in the Edison easement. The original nursery use was approved in 1982 and has required an annual review. This Use Permit will not automatically expire in one year since the Code has been changed. The adjacent residents were notified and Staff has received three telephone calls - one in opposition to the request and the other two were just inquiries. After Staff read the proposed conditions, Les Evans asked if the Board would consider a requirement for installation of two (2) street lights - one at Bushard Street and the other at Hamilton Avenue. Daryl Smith said, as he understood the new Ordinance, the use would be for as long as the applicant wished unless the Board conditioned it subject to a periodic review. Mr. Smith added the request should be so conditioned in the event the adjacent property owners had complaints, and Glen Godfrey concurred. Mr. Smith then stated that he could see the need for the street lights but the applicant should be granted a use time span which would make it economically feasible to install the lights. Chairman Krejci opened the Public Hearing and Sergio Robles, the applicant's representative, was present. Mr. Robles said he was the Manager of Southwest Wholesale Nursery. He added they would install the street light at Bushard Street since it was the main entrance; however, Hamilton Avenue was used only as the fire entrance and he did not feel a light should be required at that location. Dennis Krejci explained that street improvements were required as part of the development procedure. There was no one else present wishing to, speak for or against the request so the Public Hearing was closed. Les Evans left the meeting at 2:00 P.M. to attend to a departmental emergency. Daryl Smith moved for approval with the requirement for installation of the street lights at both locations within one hundred and twenty (120) days of final approval of the request, and that expiration of this Use Permit would occur on February 28, 1989, when a new Use Permit application would have to be filed. This was seconded by Glen Godfrey. -5- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 6 Dennis Krejci asked if there had been extensive concerns or complaints from the adjacent property owners since this operation had been in existence. Glen Godfrey stated there had been several complaints originally but most of those had been handled by conditions and restrictions placed on the operation. Mr. Krejci asked if the maker and seconder of the motion would consider extending the time to thirty-six (36) months. Daryl Smith said he did not have a problem with the extension if Staff was satisfied that the Code gave the Land Use Division sufficient latitude for enforcement of the conditions in the event of complaints from the adjacent property owners. Glen Godfrey said the Board could probably call it into review if complaints were filed, and Mr. Godfrey accepted the change in the motion to extend the Use Permit to February 28, 1990. UPON MOTION BY SMITH AND SECOND BY GODFREY, USE PERMIT NO. 87-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, 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 Use Permit No. 87-3 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. y 4. -The site is adequate to accommodate the use. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated February 11, 1987, shall be the approved layout. 2. Street lights shall be installed at each end of the property (on Bushard street and on Hamilton Avenue) per Public Works Standards and Specifications, within one hundred and twenty (120) days of the date of approval (February 18, 1987). 3. All vehicles operating within the nursery shall not exceed speeds of ten (10) miles per hour. am 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 7 4. The taller and larger plant materials shall not be stored within twenty feet (201) of the residential properties to the South. Lower growing trees and shrubs only shall be permitted adjacent to these residential properties, and plant material shall be no higher than one foot (P) lower than the top of the existing block wall. 5. All soil amendments of plant mix material shall be kept damp as to not blow onto adjacent properties. All such material shall not be stacked over a height of ten feet (10') and all mixing operations incidental to the nursery shall be located only at the Northwest corner of the property. 6. Spraying of plant materials shall be done inwardly, away from residential properties. Chemical spraying shall be held to a minimum and used only on an "as needed" basis. Spraying shall be done in such a manner as to prevent the chemicals from being carried into the residential area. 7. There shall be no activity, including maintenance, selling or other, between the hours of 8:00 P.M. and 8:00.A.M. on weekdays, excluding holidays. On weekends or holidays, there shall be no activity whatsoever other than general maintenance. 8. Outside phone alarms, intercoms, and loudspeakers are prohibited. 9. Any yard lighting proposed shall be directed away from adjacent residential properties. 10. Driveway approach and necessary asphalt paving transitions shall be to the satisfaction and specifications of the -Public Works Department. 11. No "retail" activity shall take place on the property - wholesale 2n11. 12. Activities shall be screened from view on Bushard Street by landscaping. 13. All chemicals used or stored at the subject site shall be approved by the Orange County Agricultural Department, as required by law. 14. The applicant shall submit a grading plan to the.Department of Public Works for review, approval, and issuance prior -to any grading operation or change of drainage. 15. Hamilton Avenue access gate shall be reviewed and approved by the Fire Department. -7- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 8 16. This approval shall be valid for thirty-six (36) months and shall expire on February 28, 1990. Should the applicant wish to extend the approval, an application for a new use permit shall be submitted at least four (4) weeks prior to the above expiration date. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The use shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-3 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans Les Evans returned to the meeting at 2:10 P.M. ADMINISTRATIVE REVIEW NO. 87-4 Applicant: Dale R. Thayer A request to construct an eleven -hundred (1,100) Square Foot mezzanine for storage.purposes in an existing industrial building. Subject property is located at 17682 Sampson Lane -(East side of Sampson Lane approximately eighty feet (801) South of Reynolds Circle). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported the applicant was expanding his existing facilities by addition of the mezzanine storage area in an industrial building. Ten (10) parking spaces have been provided and a revised floor plan will be required allocating floor spaces to conform with the existing parking stalls. Staff recommended approval -of the request with filing of the revised floor plan. Tom Poe asked the total square footage of the building and Staff replied it was slightly over six thousand (61000) Square Feet. The applicant's representative, Paul Buehl, was present and stated he had no concerns with accepting the conditions as stated.by Staff. UPON MOTION BY SMITH AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 87-4 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: -8- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 9 SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated January 27, 1987, shall be the approved layout. 2. A revised floor plan shall be submitted depicting the modifications described herein in order to accommodate the ten (10) parking spaces provided: a. Maximum office floor area of 318 Square Feet b. Manufacturing area of 2,962 Square Feet c. Storage area of 2,681 Square Feet 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. All Conditions of Approval of Administrative Review No. 81-34 shall apply. 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 Board of Zoning Adjustments reserves the right to revoke Administrative Review No. 87-4 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. 87-113 Applicant: John De Leonardi A request to divide one (1) parcel into four (4) parcels. Subject property is located at 17505 Newland Street (Southwest corner of Newland Street and Slater Avenue). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. Staff said this was a request to create four (4) separate parcels from one (1) larger parcel and the proposed lots will meet the minimum frontage for R-2 lots. A reciprocal driveway easement will cut down on the number of curb cuts on the arterial street. Any -9- 2/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 10 existing structures will have to be demolished and removed and the easement will have to be recorded on the final map. Dennis Krejci asked how many existing structures were on the parcel and John De Leonardi, the applicant, replied there was only one (1) existing building. He added the existing structure straddled what would become Parcels 3 and 4 fronting on Newland Street. The applicant said he agreed to the conditions as presented by Staff.' UPON MOTION BY EVANS AND SECOND BY POE, TENTATIVE PARCEL MAP NO. 87-113 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of four (4) 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.- 3. The property was previously studied for this intensity of land use at the time the land use designation for 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 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 January 22, 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. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed (if such systems exist within 200 feet of said parcels. -10- 2./18/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 18, 1987 Page 11 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed (if such systems exist within 200 feet of said parcels. 5. All utilities shall be installed underground at the time said parcels are developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded Parcel Map shall be filed with the Department of Development Services. 8. All existing structures are to be demolished and removed prior to Final Parcel Map approval. 9. Reciprocal easements for vehicle access shown on the Tentative Parcel Map shall be shown on the Final Parcel Map and recorded with the County of Orange. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT:. None There was no further business to be presented to the Board for their review. UPON MOTION BY EVANS AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, JANUARY 23, 1987, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jgh (7430d) -11- 2/18/87 - BZA