Loading...
HomeMy WebLinkAbout1987-09-021 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 2. 1987 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: James W. Palin STAFF MEMBERS PRESENT: Laura Phillips MINUTES: MINUTES OF THE REGULAR MEETING OF AUGUST 12, 1987, WERE APPROVED BY THE ZONING ADMINISTRATOR, AS TRANSCRIBED MINUTES OF THE REGULAR MEETING OF AUGUST 26, 1987, WERE APPROVED BY THE ZONING ADMINISTRATOR, AS TRANSCRIBED REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-58 (Cont. from 8/19/87) Applicant: Sun Boss Corporation A request to permit a pool enclosure to encroach into the side and rear yard setbacks and into a storm drain easement, and to allow the pool enclosure to count toward the open space requirement. Subject property is located at 22002 Capistrano Lane (Southeast corner of Banning Avenue and Capistrano Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reported the request had been continued twice from previous meetings to allow the applicant an opportunity to obtain permission from the Public Works Department to construct the enclosure over an existing easement. According to information received from Public Works, permission will not be granted. Staff recommended Denial of the request. The Public Hearing had remained open from the meeting of August 19, 1987, and the Zoning Administrator, James W. Palin, determined the applicant was not present. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 2 CONDITIONAL EXCEPTION NO. 87-58 WAS DENIED BY THE 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. The lot is of standard size and shape compared with others in the vicinity. 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. 87-58 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. 6. The proposed structure is a building and may not be constructed over a public easement. USE PERMIT NO. 87-66 (Cont. from 8/26/87) Applicant• Casey Jurado A request to permit a four hundred ninety-four (494) Square Foot addition to a single family dwelling with existing nonconforming setbacks. Subject property is located at 502 Thirteenth Street (Northeast corner of Pecan Avenue and Thirteenth Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported this item had been continued from a prior meeting to allow additional research into the legality of the small parcel upon which the applicant is proposing construction of a second story addition to an existing residence. Staff has researched the history of the lot and has determined it was created under D. V. 247. Staff recommended approval of the request with conditions. (9036d) -2- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 3 The Public Hearing had remained open from the previous meeting and the Zoning Administrator determined the applicant, Casey Jurado, was not present. Mr. Palin stated he would approve the request. He asked that a notation be made for a suggestion to the applicant that he and the adjacent property owners file a parcel map to formally clarify establishment of these lots. Otherwise, each of the property owners will have problems any time they wish to make an addition or alteration to their properties. The applicant, Casey Jurado, arrived at the meeting at this time and Mr. Palin explained to him the action which had been taken on the request. USE PERMIT NO. 87-66 WAS APPROVED BY THE 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. 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. 87-66 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. 4. The applicant's parcel was legally created by D. V. 247. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 27, 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 Community Development and Public Works for review and approval. (9036d) -3- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 4 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Applicant shall dedicate twenty -foot (20') radius at corner of Thirteenth Street and Pecan Avenue and reconstruct all street .improvements per Public Works requirements. 5. The applicant shall comply with any applicable conditions of D. V. 247. 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. Proposed structures shall be architecturally compatible with existing structures. 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. 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. 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 913 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke Use Permit No. 87-66 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. (9036d) -4- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 5 NOTE: The Zoning Administrator suggests that the property owner prepare and record a parcel map for the subject property, in conjunction with the properties to the North and East. This action will help alleviate future questions with regard to the legality of the lots. ADMINISTRATIVE REVIEW NO. 86-43 (EXTENSION OF TIME) (Continued from 8/26/87) Applicant: Bryde Mossman Architect/Planner A request to permit the construction of a two (2) story, thirty nine hundred (3,900) Square foot industrial building. Subject property is located at 7422 Warner Avenue (Southeast corner of Warner Avenue and Palmdale Street). This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. According to Staff, this item had been continued from the previous meeting to determine the reason the applicant was requesting a one (1) year extension of time. Staff further stated the only additional information had been obtained from Public Works which was that Warner Avenue would not be widened until approximately 1990 or 1991. There was no one present to represent the applicant or furnish any additional information on the request. Jim Palin said he would continue the item one additional week to allow Staff time to contact the property owner'by telephone or letter to determine the reason for the request. This would be pursuant to Section 9811.6.1. The Zoning Administrator also stated this would be the last continuance to be granted. ADMINISTRATIVE REVIEW NO. 86-43 (EXTENSION OF TIME) WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE MEETING OF SEPTEMBER 9, 1987. CONDITIONAL EXCEPTION NO. 87-62 Applicant: Fred Fabre A request to permit a,reduction in minimum open space dimension from twenty-five feet (25') to twenty-three and one-half feet (23.5'). Subject property is located at 20892 Crestview Lane (East side of Crestview Lane approximately one hundred ninety feet (190') South of Lyman Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. (9036d) -5- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 6 Staff indicated to the Zoning Administrator the size and shape of the applicant's yard and the area involved which necessitated the Conditional Exception request. Staff further added that open space variances had been granted for several residences on the street so a precedent had previously been established. She said those variances were covered under Conditional Exception Nos. 77-43, 81-65, and 84-71, and Staff recommended approval of the request with conditions. Mr. Palin asked for the square footage of the area in question and Staff explained it was 1,457 Square Feet (23.5 x 62'). Staff also mentioned the area on the side yard which was 15' x 30' and, upon questioning by Mr. Palin, Staff replied it was a secondary area. The Public Hearing was opened and the applicant, Fred Fabre, was present. Mr. Fabre said Staff's report was thorough and there had been a problem with the entire tract. He explained most of the houses in the area had been improved and most of them had previously been nonconforming. The Zoning Administrator asked if a field check had been done on the property and Mr. Fabre said he had measured from the house to the City wall on Bushard Street and this had conformed with the distance from the front curb. Mr. Fabre was given a copy of the Conditions of Approval to review and agreed to abide by them. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Palin asked that an additional Finding be included stipulating that open space of 1,457 Square Feet was provided in the rear yard. CONDITIONAL EXCEPTION NO. 87-62 WAS APPROVED BY THE ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension will not reduce the required total open space area (1200 Square Feet). 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 found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The house is placed on the lot so that 1937 Square Feet of usable open space area is available in the rear yard. (9036d) -6- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 7 3. The granting of Conditional Exception No. 87-62 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. 5. A precedent has been set in this tract because three (3) previous variance requests have granted for open space (Conditional Exception Nos. 77-43, 81-65, and 84-71). 6. A total of 1457 Square Feet is provided in the rear yard with dimensions of twenty-three and one-half feet by sixty-two feet (23.5' x 62'). SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 7, 1987, shall be the approved layout. 2. 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. Proposed structures shall be architecturally compatible with existing structures. 4. Low -volume heads shall be used on all spigots and water faucets. 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. 6. 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. The Zoning Administrator reserves the right to revoke Conditional Exception No. 87-62 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. (9036d) -7- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 8 CONDITIONAL EXCEPTION NO. 87-65 Applicant: Nancy Erstad A request to permit a five foot (5') rear yard setback for a dwelling unit in lieu of a ten foot (101) setback. Subject property is located at 1701 Lake Street (Northwest corner of Lake Street and Adams Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Ms. Phillips reported this was a request for construction -of a new three (3) car garage with a dwelling unit above. The existing residence is on the corner of Adams Avenue and Lake Street with only a five foot (5') rear yard setback. The applicant wishes to construct the new garage and additional living unit at the same setback as the existing dwelling. The present Code requirement is ten feet (10') and Staff can find no reason for granting the variance since it is a standard lot. Staff recommended Denial of the request. Mr. Palin asked Staff about the parking space shown next to the' sidewalk and whether or not there was landscaping indicated. Staff said there was no landscaping shown. The Public Hearing was opened but there was no one present to represent the applicant. There was. -no one else present -wishing to speak for or against -the project so the Public Hearing was closed. NOTE: Nancy Erstad had signed the "SIGN IN" sheet for the meeting but did not indicate her presence in the audience at the time of the Public Hearing. The Zoning Administrator said he would deny the request with the addition of a finding that construction of this additional unit would require extra on -site parking. This would not be allowed according to the Code which required screening of open parking spaces in yards immediately adjacent to a sidewalk. CONDITIONAL EXCEPTION NO. 87-65 WAS DENIED BY THE 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 (9036d) -8- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 9 uses in the same district. This is a fifty foot by one hundred fifteen foot (50' x 1151) lot (standard size and shape) 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. It is possible to design a unit on this lot that meets minimum setbacks. 3. Granting of Conditional Exception No. 87-65 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. 6. To permit a second unit would require additional on -site parking which would not be in compliance with Code requirements for screening of open parking adjacent to sidewalks. Mr. Palin noted the representative for Sun Boss Corporation had arrived at the meeting late. He explained to Mr. Kain the action which had been taken; i.e., denial of the request because of concerns of the Public Works Department. Mr. Kain stated he did not understand the reasons for their concern since the structure would be easily disassembled in the event it was necessary for Public Works to reach the easement area. Mr. Palin explained to the applicant's representative that the decision was appealable to the Planning Commission within a ten (10) day period. MISCELLANEOUS AGENDA ITEMS: REQUEST FOR RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 87-60 Applicant• Donald R. and Carolyn S. Foster A request to permit a three foot (3') side yard setback for a garage addition in lieu of a required five foot (5') setback. Subject property is located at 6672 Gate Hill Circle (South side of Gate Hill Circle at end of cul-de-sac). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. (9036d) -9- 9/2/87 - OZA Minutes of Meeting Office of Zoning Administrator September 2, 1987 Page 10 Ms. Phillips informed the Zoning Administrator that the applicant had submitted a new site plan which showed available parking on the street and on the property itself. Mr. Palin said it was his understanding that research had indicated several building permits had been issued for the property, including revisions to both the first and second stories. Staff confirmed this information.- The applicant's representative, Mitchell Sheltraw, was then addressed by Mr. Palin with a question as to why there had been so many building permits and.why the work was being done in such a`'' "piece meal" fashion.=.if, in fact, this manner of operation was to confuse the issue of what was actually being constructed. Mr. Sheltraw explained the original conversion plans had been drawn and then the property owner changed his mind about the architectural style. He further explained the process of alterations, construction of the swimming pool, creation of a dressing room in the garage, and the fact the owner now wants a room adjacent to the swimming pool.. Access to the pool -is currently through.the•living room which creates a problem. There was a further discussion about elimination of the turnaround area and parking -spaces, elimination of one (1) parking space in the three (3) car garage by conversion to the dressing room, permanent elimination of the third parking space by construction of a new two (2) car garage, the-fact.the Architect had indicated at�the previous meeting the residence was one story when it was a two story structure, etc: The Zoning Administrator stated;emphatically he- would only grant a new hearing if and when the building permit issues were satisfactorily resolved. REQUEST FOR RECONSIDERATION OF CONDITIONAL EXCEPTION NO". 87-60 WAS GRANTED BY THE ZONING ADMINISTRATOR PURSUANT TO APPLICANT PROVIDING INFORMATION TO CLEAR UP PREVIOUS PERMITS ISSUED FOR THE PROPERTY. IF SUCH INFORMATION IS PROVIDED, THE REQUEST MAY BE READVERTISED FOR NEW HEARING DATE There was no further business to be presented to the Zoning Administrator for his review. THE REGULAR MEETING WAS ADJOURNED BY THE ZONING ADMINISTRATOR TO A STUDY SESSION ON TUESDAY, SEPTEMBER 8, 1987, AT 1:15 P.M. 61in;�� ames W. Zoning Administrator jgh (9036d) -10- .9/2/87 - OZA