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HomeMy WebLinkAbout1993-02-10u MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY,FEBRUARY 10, 1993 - 1:30 P.M ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes of February 3, 1993 Zoning Administrator Meeting was approved. ITEM 1• CONDITIONAL EXCEPTION NO. 90-47 (Six Month Extension of Time Applicant: Chris Mangum 9601 Castine Drive Huntington Beach, CA 92646 Request: To permit a six (6) month extension of time for a request to permit a five (5) foot exterior side yard setback in lieu of ten (10) feet as required by Section 9110.8(b) of the Huntington Beach Ordinance Code. Location: 9601 Castine Drive Wayne Carvalho, Staff Planner, reported that the request is for a six month extension of time retroactive to November 5, 1992 due to delays in plan check. Staff recommended approval. THE PUBLIC HEARING WAS OPENED. No persons were present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 90-47 (SIX MONTH EXTENSION OF TIME) WAS APPROVED 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. CONDITIONS OF APPROVAL -CONDITIONAL EXCEPTION NO. 90-47: 1. All previous conditions for Conditional Exception No. 90-47 shall still apply. 2. Conditional Exception No. 90-47 shall expire on May 5, 1993, unless an extension is granted by the Zoning Administrator. Only one (1) additional six (6) month extension may be granted. ITEM 2: USE PERMIT NO. 93-4 (TEMPORARY OUTDOOR EVENT) Applicant: J. Curtis Arbiso 17955 Beach Blvd. Huntington Beach, CA 92647 Request: To permit a temporary outdoor event on February 13 and 14, 1993 for a flower sale within the center's parking lot pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 17955 Beach Blvd. Wayne Carvalho, Staff Planner, reported that the request was to install a tent to sell flowers over the Valentine's Day weekend. Staff recommended approval with findings and standard conditions of approval. There were no persons present to speak for or against the request. USE PERMIT NO. 93-4 (TEMPORARY OUTDOOR EVENT) WAS APPROVED 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 TWO CALENDAR (2) DAYS. FINDINGS FOR APPROVAL: 1. The temporary outdoor event will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will not obstruct on -site circulation or access to existing businesses. b. Property and improvements in the vicinity of such use or building. The event is a temporary use for two (2) days. 2. The granting of Use Permit No. 93-4 will not adversely affect the General Plan of the City of Huntington Beach. The temporary outdoor sale is consistent in the General Commercial Land Use Designation of the General Plan. ZA Minutes - 2/10/93 -2- (5924d) SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated January 27, 1993 shall be the conceptually approved layout. 2. 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. 3. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 4. The proposed tent shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. 5. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. 6. Hours of operation shall be 8:00 a.m. to 8:00 p.m., Saturday and Sunday. 7. All merchandise, equipment and trash shall be cleared away at the conclusion of each day. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, 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. 93-4 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 3: CONDITIONAL EXCEPTION NO. 93-1 Applicant: D'Ambra Inc. 7744 Westminster Blvd. Westminster, CA 92683 ZA Minutes - 2/10/93 -3- (5924d) Request: To construct a third car garage and extend entry with a reduced front entry garage setback (7' in lieu of 221) pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. The existing two car garage setback is eight (8) feet from the front property line. Location: 7071 Nimrod Drive Wayne Carvalho, Staff Planner, reported that the applicant provided two sets of plans; one with a seven (7) foot front setback and one for eight (8) foot front setback for the third car garage. Staff advised that the property is within a tract which has other homes with garages at a seven (7) foot setback, and that the proposed third car garage would take an additional vehicle off the street. Staff recommended approval with findings and suggested conditions of approval. Staff advised that he had received one letter and one telephone call in opposition to the request. THE PUBLIC HEARING WAS OPENED. Jerry Carlson, 7071 Nimrod Drive, said that they have three vehicles and three drivers and they would like to park all three vehicles in the garage since they do not have a driveway. Linda Carlson, 7071 Nimrod Drive, said that their vehicles had been vandalized by someone placing nails under their tires. She said they have a serious problem with one neighbor and have several restraining orders filed with the Police Department. Carlo Bruno, 7091 Nimrod Drive, was present and spoke in opposition to the request. He said there are thirty-two (32) homes in the tract and they all have two (2) car garages. He complained that the City allowed the Carlson's to construct a second story and now the Carlson's are asking for more special privileges. Dennis D'Ambra, applicant, said that the garage would be compatible with the neighborhood and house. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 93-1 WAS APPROVED 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. ZA Minutes - 2/10/93 -4- (5924d) FINDINGS -FOR APPROVAL - CONDITIONAL EXCEPTION NO, 93-1: 1. The granting of Conditional Exception No. 93-1 for a third car garage with a reduced front yard setback will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Other homes in the vicinity have four (4) off-street parking spaces (2 in garage, 2 on driveway). Due to the seven (7) foot driveway, the applicant is not able to park any cars on the driveway. The granting of the variance will allow another car on site. 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 subject property is located within a tract with seven (7) foot garage setbacks for approximately 25% of the homes. The third car garage will provide an additional off-street parking space. 3. The granting of Conditional Exception No. 93-1 is necessary in order to preserve the enjoyment of one or more substantial property rights. The third car garage will provide an additional off-street parking space. 4. The granting of Conditional Exception No. 93-1 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. With the conditions imposed, the proposed third car garage will not impact adjacent neighbors or the surrounding community. 5. The granting of Conditional Exception No. 93-1 will not adversely affect the General Plan of the City of Huntington Beach. The third car garage is consistent with the Low Density Residential Lane Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 19, 1993 shall be the conceptually approved layout with the following modifications: a. Full site plan depicting the approved setback at eight (8) feet consistent with the existing two car garage. b. Interior dimensions of the third car garage shall be a minimum of 9' x 17'-6".- 2. A revised site plan shall be submitted depicting the modifications described above. ZA Minutes - 2/10/93 -5- (5924d) 3. 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. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. The proposed addition shall be architecturally compatible with existing residence. 8. The garage shall be equipped with an automatic roll -up door. INFORMATION ON -SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except for variances granted under Conditional Exception No. 93-1. 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. 93-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 4: CONDITIONAL EXCEPTION NO 93-2 Applicant: Douglas W. Lanphere 8851 Derek Circle Huntington Beach, CA 92647 Request: To permit an existing 160 square foot accessory structure to remain with a reduced rear yard setback (0' in lieu of 5') pursuant to Section 9110.8 of the Huntington Beach Ordinance Code. Location: 8851 Derek Circle J ZA Minutes - 2/10/93 sm (5924d) Wayne Carvalho, Staff Planner, reported that the request is the result of a Code Enforcement violation notice. Staff advised that he had visited the site and that the accessory structure is used for a study. The structure has a window and air conditioning unit installed in it. Staff concluded by recommending denial with findings. THE PUBLIC HEARING WAS OPENED. Douglas Lamphere, applicant, advised that the structure had been on the property for over ten (10) years. He said that his wife is a full time student who uses the structure as a study. He went on to say that the noise generated from air compressors at his neighbors tire repair business is not conducive to studying. He also said that no one ever complained until recently when he discharged Mr. Garret (the neighbor) from his employment. Mrs. Lamphere said that their neighbor had threatened both herself and her husband and felt that this was his attempt to get even with them. Rick Randolph, 8792 Derek, was present and spoke in opposition to the request. He said that his main concern was property values in the neighborhood. He was also concerned because he thought the structure was being used as an office. He indicated he had observed people coming and going out of the structure quite often. He also said the additional traffic is a hazard to the children in the neighborhood. Mr. Garrett, 8841 Derek, was present and spoke in opposition to the request. He said that he had filed the complaint after the owners began using the structure for an office. He said that the structure is built right on his property line and that often vulgar language can be overheard by his five children who play in the back yard. He was also concerned that when it rains, the run off from the structure roof goes into his back yard. Mr. Garrett submitted letters in opposition to the request from three neighbors. Jim Brown, 8821 Derek, was present and spoke in opposition to the request. He said if the structure is illegal it should be moved. There were no other persons present to speak for or against the request and the public hearing was closed. Staff responded to a question from the Zoning Administrator advising that the structure could be permitted if moved five (5) feet from the property lines. The Zoning Administrator requested a recommendation from staff as to a zero rear yard setback and a five (5) foot side yard setback. Staff responded by recommending approval since the rear yard property line was adjacent to a fifteen (15) foot commercial structure built to the zero lot line. Staff further indicated that the property would still comply with the open space requirements specified in the Huntington Beach Ordinance Code if the structure was moved. ZA Minutes - 2/10/93 -7- (5924d) CONDITIONAL EXCEPTION NO. 93-1 WAS APPROVED 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 - CONDITIONAL EXCEPTION NO, 93-2: 1. The granting of Conditional Exception No. 93-2 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. With the unique shape of the lot, and the location of the adjacent structures at a zero property line, the granting of the structure is not a special privilege. Furthermore, the property will conform with the minimum open space and open space dimension requirements specified in the Huntington Beach Ordinance Code. 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 subject lot is pie -shaped and located at the end of a cul-de-sac. The structure is located adjacent to a concrete block commercial building located on a zero property line. 3. The granting of Conditional Exception No. 93-2 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 93-2 will allow for the use of the structure as a study or for storage of personal goods. 4. The granting of Conditional Exception No. 93-2 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. With the conditions imposed, the approved location of the accessory structure will not impact the adjacent residences or surrounding properties. 5. The granting of Conditional Exception No. 93-2 will not adversely affect the General Plan of the City of Huntington Beach. The accessory structure is consistent with the Low Density Residential Land Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 19, 1993 shall be the conceptually approved layout with the following modifications: a-. All "future proposals" shall be deleted from the plans. 1 ZA Minutes - 2/10/93 -8- (5924d) 1 b. Location of the structure shall be depicted at the approved location (with setbacks appropriately dimensioned) at zero (0) feet on the rear and a minimum five (5) feet from the side property line. 2. A revised site plan shall be submitted depicting the modifications described above. 3. 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. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. Building permits shall be obtained within thirty (30) days from this approval. Permits shall be finalled within ninety (90) days from the issuance of building permits. 7. No home occupation/business shall be operated out of the accessory structure in any manner. 8. Maximum separation between building wall and property line shall not exceed two inches (2"). 9. 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. 10. The approved structure shall be architecturally compatible with existing structures. 11. The accessory structure shall not be used for dwelling purposes. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except for variances granted under Conditional Exception No. 93-2. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Minutes - 2/10/93 ME (5924d) 3. The Zoning Administrator reserves the right to revoke Conditional Exception No. 93-2 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 17, 1993 AT 1:30 PM. i ►f �nr- — Mike Strange Zoning Administrator :jr r--7 1 ZA Minutes - 2/10/93 -10- (5924d)