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HomeMy WebLinkAbout1990-03-28APPROVED 4/4/90 1 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 28, 1990 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: MINUTES• REGULAR AGENDA ITEMS: Herb Fauland The Minutes of the March 21, 1990 Zoning Administrator Meeting were approved as submitted. ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 90-11/CONDITIONAL EXCEPTION NO. 90-11/USE PERMIT NO. 90-11 Applicant: Rawson Warren Synder 16652 Intrepid Lane Huntington Beach, California 92649 Request: To permit the remodel and addition to an existing 1,849 square foot two story single family residence. The remodel consist of 335 square feet to the first floor and the addition consists of 487 square feet to the second story. The variance is to permit the second story setback to be 11'6" in lieu of the code required 15'0" for the main dwelling. Location: 16652 Intrepid Lane (Huntington Harbour). Coastal Status: APPEALABLE Herb Fauland reported the subdivision consists of lots 40' wide by 90' deep which makes them non -conforming to the current R1 zoning requirements for lot width and lot area. Staff stated that a precedent had been set in the vicinity as two lots to the west of the subject property had a similar variance approved for the second story setback. Land related hardship can be made and supported; therefore staff recommended approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Rawson Snyder, the applicant, was present and agreed to the conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. 1 COASTAL DEVELOPMENT PERMIT NO. 90-11/CONDITIONAL EXCEPTION NO. 90-11/USE PERMIT NO. 9-11 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS AND WITHIN ANOTHER TEN (10) DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 90-11: 1. The request to permit the remodel and addition to an existing two story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. 2. Coastal Development Permit No. 90-11 is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the remodel and addition to an existing two story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed remodel and addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The approval of Conditional Exception No. 90-11 for the encroachment of the second story into the front yard setback will result in no modification of the C-LUP. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION N0, 90-11: 1. The tract was originally constructed with a number of homes having like encroachments of the second story, and therefore, would not be inconsistent with what the neighboring properties enjoy. 2. The granting of Conditional Exception No. 90-11 will not grant a special privilege inconsistent upon other properties in the vicinity. Precedent has been set for a similar encroachment in the surrounding neighborhood. 3. Because of special circumstances applicable to the subject property, the strict application of the zoning ordinances is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The tract was subdivided with substandard lot width and lot area which restricts the normal development of the property. ZA Minutes - 3/28/90 &L (5350d) 4. The granting of Conditional Exception No. 90-11 is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of Conditional Exception No. 90-11 will not be materially detrimental to the public welfare or injurious to property in the same zone classifications. 6. The granting of Conditional Exception No. 90-11 will not adversely affect the General Plan of the City of Huntington Beach. 7. The applicant is willing and able to carry out the purposes for which the conditional exception is sought and he will proceed to do so without unnecessary delay. FINDINGS FOR APPROVAL - USE PERMIT NO, 90-11: 1. The establishment, maintenance and operation of the second story addition to a single-family residence with a non -conforming front entry garage setback 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 the Use Permit No. 90-11 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 location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 5, 1990 shall be the conceptually approved layout. 2. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 3. All proposed cantilevered deck improvements require separate permits for the improvements. 4. 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. ZA Minutes - 3/28/90 -3- (5350d) 5. Proposed structures shall be architecturally compatible with existing structures. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. The Public Works Department requirements are: a. Repair and replace curb and gutter, driveway and sidewalk. b. Water service shall be upgraded pursuant to Public Works standards. C. The applicant shall pay all applicable Public Works fees. 9. The Fire Department requirements are: a. Smoke detectors shall be installed pursuant to Huntington Beach Fire Department standards. 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 Coastal Development Permit No. 90-11, Conditional Exception No. 90-11 and Use Permit No. 90-11 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 90-12 Applicant: Mr. Mike Whelan Request: To demolish an existing 1,657 square foot single story single family residence and rebuild a new 5,266 square foot two-story single family residence. Location: 3492 Gilbert Drive (Gilbert Island, Huntington Harbour). Herb Fauland reported that the request is to demolish an existing home and re-buiuld a new home. Staff stated that the original plan check indicated code exceptions for rear setbacks and site coverage. Staff noted that the applicant is willing to make the changes; however, staff was unable to contact the applicant in time to resubmit correct plans for the meeting. Staff recommended continuance for one week to allow the applicant time to resubmit plans that conform to the code requirements. THE PUBLIC HEARING WAS OPENED ZA Minutes - 3/28/90 -4- (5350d) Mike Whelan, the applicant, was present. He said they would revise plans in accordance to the maximum site coverage and rear yard setback requirement for the second story balcony. Joe Rosen, Vice President Huntington Harbour Home Owners Association, was present and spoke in opposition to the request. He said the CC&R's place a 10 foot minimum rear yard setback and requested that the City work with the homeowners and association. Jerome Lindsay, 3502 Gilbert, spoke in opposition to the request stating that no other homes on the street have less than 10 foot rear yard setback. David Meyer, the applicants representative, said the house is setback 10 feet from the bulkhead but the second story balcony is setback a minimum 5 feet as required by code. Herb Fauland advised that the project abuts the water and can be constructed within 5 feet of the bulkhead pursuant to the Ordinance Code. He further stated that the City's policy is not to enforce the CC&R's because the matter is civil between the property owners and the associations. Mike Whelan, applicant, advised that his intent was to get approval from the City and Coastal Commission but also would work with the Homeowners Association and abide by the CC&R's. Jerome Lindsay, said he was not opposed to the remodel and reconstruction but was opposed to the encroachment into the 10' rear yard setback as it would impose on the private view of the howeowners. Staff reported that all findings for a coastal development permit can be made if the proposal meets code. Also, the Coastal Act and Coastal Element refer to public access and public view requirements, not private views. Staff said that all concerns would be addressed through the review process of the request. COASTAL DEVELOPMENT PERMIT NO. 90-12 WAS CONTINUED WITH THE PUBLIC HEARING OPENED BY THE ZONING ADMINISTRATOR TO THE ZONING ADMINISTRATOR MEETING OF APRIL 4, 1990. ITEM 3: USE PERMIT NO. 90-10 Applicant: The Salvation Army Request: To permit the placement of a 200 square foot (8'x25') office trailer at the Oakview Center for a period of six (6) months. Location: 11271 Oak Lane (Oakview Community Center) ZA Minutes - 3/28/90 -5- (5350d) Herb Fauland reported that the request by the Salvation Army in conjunction with Community Services is for a office trailer for a period of six months. Staff said if the applicant decides to maintain the trailer longer than six months, the City would require a new use permit and the applicant would have to meet all building code requirements for placement of the trailer. Staff recommended approval for six months with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Karl Wiebe, representing the Salvation Army, urged the Zoning Administrator to approve the request. There were no other persons to speak for or against the request and the public hearing was closed. USE PERMIT NO. 9-10 WAS APPROVED BY THE ZONING ADMINISTRATOR FOR A PERIOD OF SIX MONTHS WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. FINDINGS FOR APPROVAL - USE PERMIT NO, 90-10: 1. The establishment, maintenance and operation of the proposed temporary office trailer for a six (6) month period 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. 90-10 to permit the temporary office trailer for a six (6) month period will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed request to permit the temporary office trailer for a six (6) month period is consistent with the goals and objectives of the City's General Plan and Land Use Plan. CONDITIONS OF APPROVAL - USE PERMIT NO. 90-10: 1. The site plan and floor plan received and dated March 14, 1990, shall be the conceptually approved layout with the following modification: a. Maintain a 5'0" setback from the existing storeroom. 2. All building spoils, such as unusable lumber, wire, pipe, and other surplus or other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. ZA Minutes - 3/28/90 -6- (5350d) 3. The Fire Department requirements are as follows: a. Maintain exit ways from exiting structures. b. Provide one (1) fire extinguisher inside the proposed trailer (rated 2ABC). 4. Use Permit No. 90-10 for the temporary office trailer shall expire on October 10, 1990. At such time the applicant shall apply for a new use permit applications for the permanent office trailer. 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 Use Permit No. 90-10 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 4: ADMINISTRATIVE REVIEW NO. 89-16(A) Applicant: Administrative Review No. 89-16(A) Applicant: Charter Service Corporation Request: Three (3) model homes for "Town Square" condominiums Location: 301, 302, 305 Town Square Lane Herb Fauland reported that the request is for three model homes for the Town Square Condominiums. Staff stated that there are model homes for the town -homes but not for the condominiums. Staff recommended approval with findings and conditions of approval. John Millett, representing Charter Services Corporation, advised that Town Square had a contract with Charter Service Corporation for decorating the models. He further stated that the contract is still in effect even though the homes were sold and as a result they are required to set up the models. ADMINISTRATIVE REVIEW NO. 89-16(A) WAS APPROVED BY THE ZONING ADMINISTRATOR FOR A PERIOD OF SIX MONTHS WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. ZA Minutes - 3/28/90 -7- (5350d) 1 [I SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 22, 1990 shall be the approved layout. 2. Signage shall be provided on -site directing customers to park at the on -site parking structure and available commercial parking. 3. One handicapped parking space shall be provided on -site and marked as such. 4. The gate at the north of the model area shall remain operational to Fire Department standards. 5. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 6. The model home use shall be discontinued within thirty (30) days following sale of the last on -site unit. A cash bond of one thousand dollars ($1,000) shall be posted with the City for each model home to guarantee compliance with all provisions of this code and the Huntington Beach Building Code. Such model homes shall only serve Tract 12900. 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 Administrative Review No. 89-16(A) if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON APRIL 4, 1990 AT 1:30 PM. SLI Michael Strange Zoning Administrator :jr ZA Minutes - 3/28/90 W15 (5350d)