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HomeMy WebLinkAbout1989-05-24MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 02648 WEDNESDAY MAY 24. 1989 - 1:30 P.M. ACTING ZONING ADMINISTRATOR: Scott Hess STAFF MEMBERS: Thomas Rogers MINUTES: Minutes of the May 17, 1989 Zoning Administrator Meeting were continued to June 7, 1989. REGULAR AGENDA ITEMS: USE PERMIT NO. 89-21 Applicant: Richard D. Greenwald 8771 Dorsett Dr. Huntington Beach, CA 92646 Request: To permit a wall and archway over forty-two inches (42") (archway is approximately eight feet (8') high ) within the front yard setback. Location: 8771 Dorsett Drive Environmental This request is covered by Categorical Exemption, Status: Section 15305, Class 5, California Environmental Quality Act, 1986 Staff member, Thomas Rogers, reported that the elevations showing the wall are less than 42 inches high except the pilasters and wrought iron center located in front of the archway is hire than eight feet which requires the applicant to apply for a use permit. Mr. Rogers stated that the wall was constructed prior to the current applicant purchasing the home. Mr. Rogers also stated that there was a conflict with the abutting property owner in that they claim the wall is on their property. Mr. Rogers stated that staff is recommending continuance for the applicant to have a survey done by a licensed surveyor to determine where the property line exists. The public hearing was opened. Mr. and Mrs. Greenwald were present. Mr. Greenwald stated that he bought the house with the wall already there and was not aware that there were no permits applied for. He stated that the topic of the fence arose because of a complaint questioning if the fence encroached on the abutting property. He stated that when the fence was built that should have been taken care of and did not feel he should be responsible for the problem. He continued to explain the the property owner complaining asked if she could stucco the side of the wall on her property. He stated that they refused because he felt it would degrade from the property. ZA Minutes 5/24/89 -1- 4909h George Spowart, neighbor, spoke in support of the request. Janet Wilson, abutting property owner and complainant, claimed that the fence was on her property. She stated that when Mr. and Mrs. Greenwald refused to let her stucco her side of the wall she said would build her own. Upon this she tried to obtain permits from the City to build her fence when she was refused because code would not let her build the fence as high as her neighbor. Public hearing discussion ensued between the neighbors with no positive conclusions. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Hess asked the applicant if he had scheduled a licensed surveyor to determine the correct property line. Mr. Greenwald responded that he did not feel he was responsible for that and that it should have been taken care of upon the creation of the wall. Mr. Hess stated that the applicant will bring the archway down to 42 inches to conform with code. The applicant agreed. Mr. Hess acted to approve the use permit to remove the archway and put in a low gate to maintain landscape in front. Mr. Hess directed the applicant to submit to the City verification by an engineer to determine whether the wall is on the abutting property. He stated that the applicant will be required to have the permits pulled within sixty days and the work to be completed within ninety days. If the wall is determined to be on the property line the applicant must remove the fence. USE PERMIT NO. 89-21 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The establishment of the five (5) foot high fence will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The wall is to conform with the Uniform Building Code and will not pose a hazard to those persons residing or working in the area; b. Property and improvements in the vicinity of such use or building; the wall is setback minimum three (3) feet from the front property with landscaping.. 2. The block/wrought iron fence is 80% open in those areas which exceed 42 inches and is setback behind a 3 1/2 foot wide landscaped planter thus providing an adequate buffer from the street. Additionally, the wall is compatible with the wall in front of the school directly across the street. 3. The granting of Use Permit No. 89-21 for the wall/fence 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 April 25, 1989 shall be the approved layout with the following modifications: a. The arch shall be removed to the level of the pilasters and the gate shall be modified to be no higher than the existing wrought iron on the adjacent block wall. ZA Minutes 5/24/89 -2- 4909h C 2. Within sixty days, the applicant shall submit a report from a surveyor or civil engineer determining whether or not the subject wall is entirely on the applicant's property. If the wall is entirely on the applicant's property, the applicant shall take out building permits for the proposed structure within the 60 day time frame. If the wall is found to be on the common easterly property line, the applicant shall obtain permission from the neighbor to the east for the wall to remain, or remove the wall. All work shall be completed within 90 days. 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. 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. THE MEETING WAS ADJOURNED TO THE JUNE 5, 1989 STUDY SESSION BY THE ZONING ADMINISTRATOR. l Scott Hess Acting Zoning Administrator 4909h ZA Minutes 5/24/89 —3— 4909h