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HomeMy WebLinkAbout1993-09-08MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMIMSTRATOR ROOM B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 8,1993 -1.30 PM ZONING AD11r MSTRATOR: Mike Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of August 25, 1993 Zoning Administrator Meeting were approved and the Minutes of September 1, 1993 Zoning Administrator Meeting were continued. ITEM 1 USE PERMIT NO 93 69 (TEMPORARY OUTDOOR EVENT) Applicant: Sadek Arslanok 5981 Warner Avenue Huntington Beach, CA 92649 Request: To permit a large inflatable balloon on the roof of a service/gas station for 21 days. The balloon was installed on August 16, 1993 and is proposed through September 6, 1993. Location: 5981 Warner Avenue Jane Madera, Staff Planner, reported that the request for a temporary outdoor event was the result of a code enforcement violation. Staff advised that the applicant had requested the temporary outdoor event to run for the maximum period of 21 days and that period expired on September 6, 1993. Staff concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. No one was present to speak for or against the request and the public hearing was closed. USE PERMIT NO.93-69 (TEMPORARY OUTDOOR EVENT) 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 (10) WORKING DAYS. FINDINGS FOR APPROVAL: 1. Use Permit No. 93-69 for a temporary outdoor event to permit a large inflatable balloon on the roof of a service/gas station for 21 days, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The balloon will not project over the public right-of-way and will not be a hazard to vehicular or pedestrian traffic in the area. b. Property and improvements in the vicinity of such use of building. The request is for a temporary twenty-one (21) day use and will not alter the existing improvements in the area. 2. The granting of Use Permit No. 93-69 will not adversely affect the General Plan of the City of Huntington Beach which allows temporary events of this nature. SPECIAL CONDITIONS OF APPROVA : 1. The site plan received and dated August 16, 1993 shall be the conceptually approved layout. INFORMATION ON SPECIFIC CODE REQUIREMENT : 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. 93-69 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. ZA Minutes - 9/8/93 -2- ITEM 2• USE PERMIT NO, 93-58 Applicant: Danny and Karen Cook 18901 Carolyn Lane Huntington Beach, CA 92646 Request: To permit an eight (8) foot tall block wall on the rear property line in -lieu of the maximum allowable height of six (6) feet tall pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 18901 Carolyn Lane Jane Madera, Staff Planner, reported that the rear of the property backs onto an apartment complex and is used for parking by the tenants of the apartment complex. Staff indicated that a site review was performed and it was noted that there are no windows which face the subject fence and other walls along the complex are constructed of wood, block and chain link with landscaping. In addition, the adjacent fences and walls consist of a one (1) foot retainer with a planter topped with six (6) feet of fence above. The arrangement results in the appearance of a seven (7) foot wall. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Karen Cook, the applicant, was present. She stated the request for the eight foot wall was to provide a noise buffer and to add privacy. Danny Cook, applicant, was present and urged the Zoning Administrator's approval. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO.93-58 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 (10) WORKING DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 93-58: 1. Use Permit No. 93-58 to permit the construction of an eight (8) foot tall block wall on the rear property line in -lieu of the minimum six (6) foot tall wall will not be detrimental to: ZA Minutes - 9/8/93 -3- a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the block wall will comply with the Uniform Building Code. In addition the wall is located adjacent to a driveway and parking area for an existing apartment complex, it will not block public views and it will be compatible with the surrounding seven (7) foot tall walls and fences on adjacent properties. Furthermore, there were no persons present in opposition to the request. b. Property and improvements in the vicinity of such use or building. The fence will provide added security and additional privacy for the property owner, as well as increase the property values. 2. The granting of Use Permit No. 93-58 will not adversely affect the General Plan of the City of Huntington Beach. The eight (8) foot block wall is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITI NS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 13, 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. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 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. 5.. Proposed structures shall be architecturally compatible with existing structures. INFORMATION ON SPECIFIC CODEEQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes - 9/8/93 -4- 11 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. 93-58 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 3 CONDITIONAL EXCEPTION (VARIANCE) NO.93-38 Applicant: Stuart and Tangee Cargill 21171 Cupar Lane Huntington Beach, CA 92646 Request: To permit the existing two (2) car garage to be used as habitable living area resulting in zero (0) enclosed parking spaces in -lieu of two (2) required spaces pursuant to Section 9602.2 of the Huntington Beach Ordinance Code. Location: 21171 Cupar Lane Jane Madera, Staff Planner, reported that the request was the result of a code enforcement violation and that the conversion was completed quite a few years ago. She advised that the lot is 60 feet x 100 feet, relatively flat and contains no unique topographical features. Staff was not able to determine findings necessary to grant a variance per the State Code. Staff concluded by recommending denial with findings. THE PUBLIC HEARING WAS OPENED. Tangee Cargill, was present. She said that due to a business failure, she, her husband, and baby were living with her in-laws. She said that neither family could afford the expense of constructing an addition to the house. She said that her in-laws were on fixed income and the additional rent assists their income. She stated that her in-laws would be willing to agree to take out the improvements and return the garage back to a garage when the property is sold at some time in the future. She went on to say, that many homes in the tract had garage conversions. Jane Madera, Staff, advised that three letters were received in support of the request. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 9/8/93 -5- CONDITIONAL EXCEPTION (VARIANCE) NO.93-38 WAS DENIED WITH FINDINGS BY THE ZONING ADMINISTRATOR. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO 93 38: I. Granting of Conditional Exception No 93-11 to permit the existing two car garage to be used as habitable space resulting in zero (0) enclosed parking spaces in lieu of two (2) required spaces would constitute a grant of special privilege inconsistent with limitations upon other Low Density Residential properties in the vicinity. Existing Single Family Dwellings are required to provide a minimum of two (2) enclosed parking spaces. 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 an identical zone classification. The property conforms with the minimum lot size and frontage requirements and is relatively flat. 3. The granting of Conditional Exception No. 93-11 is not necessary to preserve the enjoyment of one or more substantial property rights. The single family residence complies with all other provisions of the Huntington Beach Ordinance Code. Furthermore, there is ample area for an addition on the property. 4. The granting of Conditional Exception No. 93-11 will be materially detrimental to the public welfare or injurious to property in the same zone classification. The reduced parking requirement would set a precedent for such a request and may impact conforming Single Family Residential properties under the same zone classification. THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 15,1993 AT 1:30 PM. Mike Strange Zoning Administrator jr ZA Minutes - 9/8/93 -6-