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HomeMy WebLinkAbout1987-07-29 (7)1 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 29, 1987 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: Michael Strange Acting Zoning Administrator STAFF MEMBERS PRESENT: Pamela Posten MINUTES: MINUTES OF THE REGULAR MEETING OF JULY 8, 1987, WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, AS TRANSCRIBED. MINUTES OF THE REGULAR MEETING OF JULY 22, 1987, WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, AS TRANSCRIBED. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-56 USE PERMIT NO. 87-61 Applicant: H. Jo Enterprises CE REQUEST: To permit an eleven and one-half foot (11.5') wide driveway in lieu of a twenty foot (200) wide driveway. UP REQUEST: To permit the addition of three (3) units to a single family residence with an existing nonconforming front yard setback, and with a portion of the new structure located more than one hundred fifty feet (150') feet from a public street. Subject property is located at 7832 Newman Avenue (South side of Newman Avenue approximately three hundred feet (300') West of Beach Boulevard). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Pamela Posten, reported that a check had been made of the proposed driveway configuration. According to the plan Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 2 proposed by the applicant, there would be eight (8) cars parking towards the rear of the property and they would be utilizing this narrow driveway. This is a standard fifty foot (50') rectangular lot and Staff could find no land -related hardship for granting such a variance. Staff recommended denial of the request. The Public Hearing was opened by the Acting Zoning Administrator, Michael Strange, and it was determined that the applicant's representative, Tony Ursino, was not present. Mr. Strange continued the items until later in the meeting and the Public Hearing was left open. Mr. Strange pointed out that the next item, CONDITIONAL EXCEPTION NO. 87-57, was also to be represented by Mr. Ursino so it was additionally postponed. USE PERMIT NO. 87-59 Applicant: Gib and Cathi Barberis A request to modify Condition of Approval No. 14 of Use Permit No. 85-70, which prohibits restaurants with seating at the subject commercial center (in order to allow seating at the Subway Sandwich Store). Subject property is located at 6486 Edinger Avenue (Southwest corner of Edinger Avenue and Edwards Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff stated that the property is located in a shopping center at the Southwest corner of Edinger Avenue and Edwards Street with residential property surrounding the shopping center site. Approval of the center was granted by the Planning Commission with the added condition regarding restaurants with seating. The applicant is requesting deletion of this condition to allow seating of twelve (12) spaces in their sandwich shop. Staff has reviewed the parking and there would be ample parking on the site. Residents in the neighborhood have objected to increased usage of the shopping center and Staff would, therefore, recommend that this project be referred back to the Planning Commission for their determination. The Public Hearing was opened by the Acting Zoning Administrator and the applicants, Gib and Cathi Barberis, were present. Mr. Strange said he and the Staff member had visited the site and it was his understanding the applicants were unaware of the restrictive condition when they originally signed the lease for their operation at the center; and, the shopping center owners, La Mancha Development Company, had failed to inform Mr. and Mrs. Barberis of this restriction. Mr. Barberis confirmed this information and added that La Mancha had eventually told them to go ahead with their work (8752d) -2- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 3 on the restaurant to install the seats and La Mancha would get the matter "cleaned up" so they could put in the tables and chairs. After questioning by Mr. Strange, Mr. Barberis continued that their operation was a family -oriented restaurant for people in the immediate area. He added they would like to do something special for senior citizens but could not do so without seating. Joan Sue Zimmerman, 16061 Gold Circle, stated she objected to the seating in the sandwich shop because of additional trash and litter blowing onto her property and increased parking problems on the adjacent streets. Ms. Zimmerman mentioned problems which had previously existed regarding a "medicine shop" in the center. She said she felt sure that La Mancha had not played "straight pool" with the Barberis' and had not informed them of the restrictive seating issue. Another adjacent resident, Florence Silverstein, 6431 Bellinger, spoke in objection to allowing the seating since it would increase problems which already existed - debris and trash, parking, and fumes from the dry cleaning store in the shopping center. Ms. Silverstein added her gardener had to spend time cleaning the debris from her back yard. Michael Strange reminded the speakers the issues to be considered were those dealing with the seating - not with the dry cleaning establishment and the medicine store. Gib and Cathi Barberis reiterated Mr. Strange's comments and Mrs. Barberis stated that people eating inside the shop would eliminate outside trash problems - not increase them. She added that if there was a trash problem, it would be a situation to be resolved by the management company. Mr. Barberis stated they did clean up every day and that he had also spoken with police officers in the area regarding parking on Edinger Avenue. He further added that none of their employees parked on that street. There was no one else present wishing to speak for or against the request so the Public Hearing was closed by the Acting Zoning Administrator. Mr. Strange stated he would refer the item to the Planning Commission as recommended by Staff. Mrs. Silverstein asked if they would have to pay the fee for referral to the Planning Commission and Mr. Strange explained that neither the applicants nor objectors would have to pay a fee since it was being referred by the Acting Zoning Administrator. USE PERMIT NO. 87-59 WAS REFERRED TO THE PLANNING COMMISSION BY THE ACTING ZONING ADMINISTRATOR. (8752d) -3- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 4 USE PERMIT NO. 87-60 Applicant: John D. King A request to permit a four (4) unit apartment complex, a portion of which is located more than one hundred fifty feet (150') from the public right-of-way. Subject property is located at 7942 Newman Avenue (South side of Newman Avenue approximately one hundred eighteen feet (118') West of Beach Boulevard. This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. According to Staff, this project was located on Newman Street and there is currently a house on the subject property which will be demolished. The new project will be a total of four (4) units. The Code stipulates that any apartment project, with a portion of the units beyond one hundred fifty feet (150') from a public street, must come before the Zoning Administrator for a Use Permit. The project meets Code for setbacks, parking, etc., and Staff recommended approval of the request with conditions. Mr. Strange asked if the project had been approved by the Fire Department and Ms. Posten replied it had with the stipulation for sprinklering the rear building because of the distance from the street. The Public Hearing was opened and Tony Ursino was present to represent the applicant, John D. King. Mr. Ursino stated the revisions were being made as requested by Staff, and the elevations had been altered for a more pleasing architectural appearance. Mr. Strange asked if there had been any changes made to the rest of the building and Mr. Ursino stated the roof line had dropped about three feet (3'). There was no one else present wishing to speak for or against the project so the Public Hearing was closed. USE PERMIT NO. 87-60 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. b. The general welfare of persons residing or working in the vicinity; Property and improvements in the vicinity of such use or building. (8752d) -4- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 5 2. The granting of Use Permit No. 87-60 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. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 2, 1987, shall be the approved layout, with the modifications described herein: a. Balconies on Units 3 and 4 shall be set back ten feet (10') from the rear property line 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to legalize the existing lot. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy pr provide proof of legal creation. 3. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Development 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. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Provide five foot (5') dedication on Newman Avenue and improvements as required by Public Works. 6. An automatic fire sprinkler system shall be approved and installed in the rear building pursuant to Fire Department regulations. 7. 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. (8752d) -5- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 6 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. 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. 11. 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. 3. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke Use Permit No. 87-60 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. TENTATIVE PARCEL MAP NO. 87-303 Applicant: Richard Kelter A request to create two (2) parcels for development purposes. Subject property is located on the Northeast corner of Seventeenth Street and Walnut Avenue. This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. Staff stated the request was for creation of two (2) parcels from one (1) parcel for residential development and currently there was an oil well on the property. A letter is required from the property owner stating he owns the oil well and mineral rights to the parcel, and we have not received this letter. Staff recommended approval of the request with conditions. The applicant, Richard Kelter, was present and said a letter was submitted by the property owner stating the oil well was for storage, and there were no existing wells pumping or hooked up. Mr. Kelter added he could provide a copy of the letter and agreed to the conditions as presented by Staff, including submittal of the letter. (8752d) -6- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 7 TENTATIVE PARCEL MAP NO. 87-303 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The proposed subdivision 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. 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 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 Community Development on July 17, 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. The alley and radius 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. (8752d) -7- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 8 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed with the Department of Community Development. 9. All vehicular access rights along Seventeenth Street and Walnut Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the Zoning Administrator. 10. The property owner shall submit a letter proving ownership of oil equipment on site and mineral rights for the existing oil well prior to issuance of building permits or recordation of the Final Map. TENTATIVE PARCEL MAP NO. 86-198 Applicant• G.-P. Building Enterprises, Inc. A request to waive Final Map for Tentative Parcel Map No. 867198 (to consolidate three (3) parcels into one (1) parcel). Subject property is located at 8082 Yorktown Avenue (South side of Yorktown Avenue (South side of Yorktown Avenue approximately three hundred forty feet (340') East of Beach Boulevard). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. According to Staff, the project is located on Yorktown Avenue just East of Beach Boulevard. All dedications have been made and street improvements have been installed. Public Works has indicated Waiver of the Final Map is in order and Staff recommended approval with conditions. The applicant's representative, Gary Potter, was present and agreed to conditions for the Waiver. TENTATIVE PARCEL MAP NO. 86-198 (WAIVER) WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS OF APPROVAL FOR WAIVER: 1. The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision Section of the Ordinance Code. (8752d) -8- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 9 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Plat Map received by the Department of Community Development on July 21, 1987, shall be the approved layout (with the amendments as noted thereon). 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 Community Development prior to issuance of building permits on the subject property. 3. All vehicular access rights along Yorktown Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the Zoning Administrator. CONDITIONAL EXCEPTION NO. 87-56 USE PERMIT NO. 87-61 Applicant: H. J. Enterprises Michael Strange reminded the audience that a Staff report had been made on these requests and the Public Hearing had remained open. The applicant's representative, Tony Ursino, was now present and he was informed that Staff had recommended denial of the project because of the narrow width of the driveway. Mr. Ursino was further informed that there was no land -related hardship on the property. Mr. Ursino said he had done some research and, in March of this year, the Board of Zoning Adjustments had granted a variance for a ten foot (10') driveway in the same basic area. He added they were building a high quality product and he did not understand why Staff was recommending denial of their project when a precedent had been established for the neighborhood. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Strange stated he had checked the parcel and added he did recall a project similar to this particular one. He questioned Mr. Ursino about the turnaround area and Mr. Ursino stated the Fire Department had insisted on the twenty-five foot (251) turnaround area. After questioning by Mr. Strange, Ms. Posten remarked that the Fire Department had stipulated the rear building would require having sprinklers installed. Mr. Strange suggested the possibility of a (8752d) -9- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 10 reciprocal driveway but Mr. Ursino said it was not possible. Mr. Strange and the applicant's representative held a discussion relative to the traffic flow on the driveway and who would have the right-of-way. Mr. Ursino explained the driveway was only narrow for a short distance and then widened out in two other areas. Mr. Strange stated he had concerns with the unsafe condition which could possibly be created by eight (8) cars regularly using this driveway, plus any guests -who might be there. Mr. Ursino reminded the Acting Zoning Administrator of the other project and also stated the same Architect had drawn plans for both projects. Ms. Posten stated that if the project was approved, the applicant should provide privacy walls for the decks/patios, as well as dedications for Newman Avenue. Mr. Strange added he did not see how the applicant could revise the project without destroying the existing residence but suggested that the row of hedges be cut down for better viewing. Mr. Strange asked that the record reflect there was a -similar project approved by the Board of Zoning Adjustments at 7860,7862 Newman�Avenue on March 25, 1987. CONDITIONAL' EXCEPTION NO. 87-56 AND USE PERMIT NO. 87-61 WERE APPROVED BYtTHE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO, 87-56: 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. This is a fifty foot (50') wide lot with an existing structure. 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. 87-56 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. (8752d) -10- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 11 CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 87-56: 1. The site plan, floor plans, and elevations received and dated July 9, 1987, shall be the approved layout, with the modifications described herein: a. Provide privacy walls/gates for decks and patios 2. All Conditions of Approval of Use Permit No. 87-61 shall be applicable. FINDINGS FOR APPROVAL - USE PERMIT NO. 87-61: 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. 87-61 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. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO. 87-61: 1. The site plan, floor plans, and elevations received and dated July 9, 1987, shall be the approved layout, with the modifications described herein: ' a. Provide privacy walls/gates for decks and patios 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to legalize the existing parcel. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy or provide proof of legal creation. 3. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. (8752d) -11- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 12 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. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Provide five foot (5') dedication on Newman Avenue and improvements as required by,Public Works., 6. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 7. 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. 8. Proposed structures shall,be architecturally compatible with existing structures. 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. 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. 12. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT NO. 87-61: 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. 3. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke Use Permit No. 87-61 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. (8752d) -12- 7/29/87 - OZA 1 Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 13 CONDITIONAL EXCEPTION NO. 87-57 Applicant: Ursino Development A request to permit a zero foot (0') side yard setback for an existing patio cover in lieu of the required five foot (5') setback. Subject property is located at 936 Tenth Street (South side of Tenth Street approximately fifty feet (50') West of Lake Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff said the project was located on Tenth Street just West of Lake Street. The project has been approved for adding units in the back but there is a patio room which has not received approval. The applicant has returned for a variance since the room projects into the five foot (5') setback area. The Fire Department feels the five foot (5') area should be kept clear for fire protection access and the building officials have concern about fire danger from the existing chimney to the building next door. Staff recommended that the patio cover be setback to the five foot (5') line and portions of the room should be removed. The chimney may remain if it receives approval of the Building Division. The Public Hearing was opened and Tony Ursino was present. Mr. Ursino stated the residence was over sixty (60) years old and the patio cover had been installed in 1964. The present owners did not know there was a problem with the patio cover until Inspector Dewayne Anderson came out and advised them to obtain permits. Mr. Ursino indicated that one end of the patio room was a wall with sliding doors, and they had left the brick fireplace intact. Mr. Ursino suggested that one of the walls could be made into a fire wall since they wanted to keep the cover going all the way to the fireplace, and that the residence had become "legal nonconforming" because it had existed in this configuration for so many years. Michael Strange reminded Mr. Ursino that the entire project was subject to all current Code requirements. Mr. Ursino asked about the roof line and Pamela Posten explained it would have to be cut back to meet the five foot (5') setback requirement and the wing wall would have to be moved to coincide with it. Staff reiterated the chimney could remain if it passed approval of the building official. Mr. Ursino further mentioned that the neighbors did not object to the situation since it had existed for such a long time and they actually enjoyed the privacy it offered. Mr. Strange said it would have been helpful if the neighbors had so indicated this feeling. (8752d) -13- 7/29/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 14 There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Strange stated the eaves could be cut back to thirty inches (30") but the support posts and wall would have to be moved back to the five foot (5') setback line for fire protection access. Mr. Strange added he would deny the request based on Staff's findings that the property owner would still have use of the room and fireplace after it met building and zoning requirements. Mr. Strange added that the existing side property line wall should not exceed six feet (6') in height. CONDITIONAL EXCEPTION NO. 87-57 WAS DENIED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS: 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. This is a regularly shaped fifty foot (50')'wide lot with no unusual topography. 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. Granting of Conditional Exception No. 87-57 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 4. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. 5. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. There was no further business to be presented to the Acting Zoning Administrator for review. (8752d) -14- 7/29/87 - OZA �7 Minutes of Meeting H. B. Office of Zoning Administrator July 29, 1987 Page 15 THE REGULAR MEETING WAS ADJOURNED BY THE ACTING ZONING ADMINISTRATOR TO A STUDY SESSION ON MONDAY, AUGUST 3, 1987, AT 10:00 A.M. of Jates W. Palin Zoning Administrator jgh (8752d) -15- 7/29/87 - OZA