Loading...
HomeMy WebLinkAbout1993-05-19MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 19, 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of May 5, 1993 Zoning Administrator Meetings were continued. ITEM 1: COASTAL DEVELOPMENT PERMIT NO 93-5 Applicant: Tekstra Enterprises 3150-48 Palm Drive Fullerton, CA 92631 Request: To permit a 990 square foot two story addition to an existing 1,453 square foot single story residence pursuant to Section 989.5.2 of the H.B.O.C. Location: 9052 Christine Drive Jane Madera, Staff Planner, reported that the applicant is proposing a 990 square foot second story addition to an existing single family residence. She advised that the request meets all the requirements of the zoning code and concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Mike Tekstra, the applicant, was present and concurred with the conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. E COASTAL DEVELOPMENT PERMIT NO. 93-5 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 AND ANOTHER TEN WORKING (10) DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 93-5: 1. The request to permit the remodel and 990 square foot addition to an existing single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed addition will not impact public views or access. 2. Coastal Development Permit No. 93-5 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 development will conform with all applicable City codes. 3. At the time of occupancy, the proposed remodel and 990 square foot addition to an existing 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 exist to the site. 4. The proposed remodel and 990 square foot addition to an existing 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 April 19, 1993 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. 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. 1 ZA Minutes - 5/19/93 -2- (6797d) 1 4. Smoke detectors must be installed in the residence pursuant to Uniform Building Code Section 1210(a) 1, 2, 3, and 4 on each floor in locations and areas prescribed by this code. 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. 93-5 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: CONDITIONAL EXCEPTION NO, 93-13 Applicant: Doug Burroughs 19322 Baywater Lane Huntington Beach, CA 92646 Request: To permit an existing 102 square foot playhouse/tool shed to remain along the side property line (0' setback in lieu of 5') and within 7' of the main structure (in lieu of minimum 101) pursuant to Sections 9110.7(a) and 9110.11(a) of the H.B.O.C. Location: 19322 Baywater Lane Jane Madera, Staff Planner, reported that the request is to permit an existing playhouse/tool shed within the side yard setback and for a seven foot separation from the main dwelling. Staff said that no letters or telephone calls were received regarding the application; however, the request is the result of a code enforcement violation. Staff advised that no land related hardship could be determined and therefore recommended denial with findings. THE PUBLIC HEARING WAS OPENED. Dave Burroughs, the applicant, was present and advised that he recently purchased the property and was not aware that the playhouse was not permitted. He said that the Uniform Building Code allows a structure on the property line if constructed with one hour fire walls. He indicated that there is no other place where the playhouse could be relocated due to the pool. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 5/19/93 -3- (6797d) Mike Strange, Zoning Administrator, said more research would be appropriate due to the nature of the request. Therefore, the Zoning Administrator deferred the decision for further study and stated a final decision would be rendered within ten (10) days. CONDITIONAL EXCEPTION NO. 93-13 WAS DENIED ON FRIDAY, MAY 21, 1993,. BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. 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 DENIAL: 1. The granting of Conditional Exception No. 93-13 to allow a playhouse/tool shed on the side property line will constitute a grant of privilege inconsistent upon other properties in the vicinity and under identical zone classifications. The playhouse would be permitted to be located a minimum five (5) feet from side and rear property lines and ten (10) feet from the main structure, and therefore, the granting of this request would constitute a special privilege upon this property that would be inconsistent with the surrounding properties. 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property was developed in compliance with the development standards at that time and no special circumstances exist regarding the topography or surroundings that would deprive the subject property of privileges by other properties in the surrounding area. 3. The granting of Conditional Exception No: 93-13 is not necessary to preserve the enjoyment of one or more substantial property rights. The subject property and surrounding developed properties were developed under the same standards and therefore the denial of the request would not deprive the subject property of one or more property rights. 4. The granting of Conditional Exception No. 93-13 will be materially detrimental to the public welfare or injurious to property in the same zone classification. The playhouse located on the side property line may set a precedent for such a request and may impact properties under the same zone classification. ZA Minutes - 5/19/93 -4- (6797d) E 1 THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT^REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 26, 1993 AT 1:30 PM. Mike Strange Zoning Administrator :jr ZA Minutes - 5/19/93 -5- (6797d)