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HomeMy WebLinkAbout1992-12-02a MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 2, 1992 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes of November 18, 1992 Zoning Administrator Meetings were approved. ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 92-30 Applicant: Jon Wierks 16335 Niantic Circle Huntington Beach, CA 92649 Request: To permit a 500 square foot, two (2) story addition to an existing two story single family residence pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. Location: 16335 Niantic Circle Wayne Carvalho, Staff Planner, reported that the applicant was proposing to add on to an existing two story single family residence by enclosing a second story deck and constructing a small addition on the first floor. Staff indicated that the request is required by Code because the addition exceeds 10% of the existing floor area of a waterfront residence. Staff indicated that a letter was received in opposition to the request due to the obstruction of existing views. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Jon Wierks, the applicant, said that he had spoken to his neighbors and all but one supports the addition. He urged the Zoning Administrator's approval. Roscoe McKeehan, 16341 Niantic Circle, spoke in opposition to the request. He stated that his property is located on the corner of Niantic and Mistral and currently has a view of the channel. He indicated that a previous addition on the subject property eliminated the view of the waterway from his first floor and if the request was approved, it would eliminate the view from his second floor. There were no other persons present to speak for or against the request and the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 92-30 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN WORKING (10) DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 92-30: 1. The request to permit a 500 square foot, two (2) story 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. The proposed addition will not adversely impact public views or access. 2. Coastal Development Permit No. 92-30 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. The proposed residence will conform with all applicable City codes. 3. At the time of occupancy, the proposed 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. All infrastructure currently exists to the site. 4. The proposed 500 square foot, two (2) story 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. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. ZA Minutes - 12/2/92 -2- (5316d) 3. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 4. All proposed cantilevered deck improvements require separate permits for the improvements. 5. 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. 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 applicant shall pay all applicable Public Works fees. 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. 92-30 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: USE PERMIT NO. 92-63 Applicant: Hany S. Henein 9601 Rocky Mountain Drive Huntington Beach, CA 92648 Request: To permit an existing six (6) foot high wrought iron fence along the front property line in lieu of the maximum allowable height of forty-two (42) inches pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 9601 Rocky Mountain Drive Wayne Carvalho, Staff Planner, reported that the applicant had an identical request denied in 1990 by the Zoning Administrator which was subsequently appealed and denied by both to the Planning Commission and the City Council. Staff indicated that a court case was pending because the applicant had not complied with City requirements to remove the fence. Staff concluded by recommending denial based on findings and suggested conditions of approval. ZA Minutes - 12/2/92 -3- (5316d) THE PUBLIC HEARING WAS OPENED. Mr. Henein, the applicant, said that the fence had been up for two years and had not rusted or resulted in any injuries. He said his property looks directly at a seven foot high block wall across the street. The neighbors to the east and west have high bushes which block view of their residence. Mr. Henein said he submitted a petition from neighbors within 300 feet of the property who support the request. Margaret Hickey, 15912 Plymouth Lane, spoke in opposition to the request. She was concerned about the City process wherein a request is denied by all governing bodies, goes to court and is acted on again by the City. Ms. Hickey was also concerned that a child could be impaled on the fence. Wayne Carvalho, Staff Planner, indicated that the City Attorney's Office advised that the applicant had the right to submit the application for a use permit. Henry Oleksiewicz, 9591 Rocky Mountain Drive, spoke in opposition to the request. He said that none of the immediate neighbors support the request and that they also had submitted a petition with 249 signatures in opposition to the fence. He was concerned that the fence was constructed along the gas line. Mrs. Henein, applicant, said that the reason they wanted the fence six feet high was to prevent children from being hurt on a lower fence. She said that the neighbors bushes are seventeen feet high. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 92-63 WAS APPROVED WITH MODIFICATIONS TO THE EXISTING FENCE BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 92-63: 1. The establishment and maintenance of the six (6) foot high wrought iron fence with pilasters with the conditions imposed, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the fence will meet the requirements specified in the Uniform Building Code. The fence will not impact pedestrian or motorist vision as a result of a required minimum setback of three (3) feet from the front property line. ZA Minutes - 12/2/92 -4- (5316d) b. Property and improvements in the vicinity of such use or building. The existing wrought iron fence with pilasters will be compatible with the existing residence and surrounding neighborhood. The required setback will also allow for a landscape planter along the front sidewalk which will soften the street scene. Further, the fence will provide added security and additional privacy for the property owner. 2. The granting of Use Permit No. 92-63 will not adversely affect the General Plan of the City of Huntington Beach. The six (6) foot high wrought iron fence with pilasters is consistent with the goals and objectives of Low Density Residential Land Use designation of the General Plan. CONDITIONS OF APPROVAL: 1. The site plan and fence elevations received and dated October 27, 1992 shall be the conceptually approved layout with the following modifications: a. The fence shall be setback a minimum of three (3) feet from the front property line. b. A minimum of four (4) pilasters (no higher than six (6) feet in height) shall be constructed along the front property line. c. A landscape planter shall be provided between the fence and public sidewalk. 2. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 3. The applicant shall obtain building permits for the fence within thirty (30) days of the expiration of the appeal period (December 14, 1992); and the permits shall be finalled by March 14, 1993. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawings submitted for plan check. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes - 12/2/92 -5- (5316d) 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. 92-63 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 16, 1992, AT 1:30 PM. 1�1 Vc - S Mike Strange Zoning Administrator :jr LJ ZA Minutes - 12/2/92 -6- (5316d)