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HomeMy WebLinkAbout1994-04-27WEDNESDAY, APRII.27, 1994 -1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of the April 20, 1994 Zoning Administrator were approved. The April 6 and 13, 1994 Minutes were continued. ITEM 1: CONDITIONAL EXCEPTION NO.94-7 Applicant: Harry Kontoes, Jr. 5412 Hendricksen Drive Huntington Beach, CA 92649 Request: To construct a 575 square foot master bedroom and bath addition with a variance for a six (6) foot rear yard setback (10 foot setback required) pursuant to Section 9110.8 of the Huntington Beach Ordinance Code. Location: 5412 Hendricksen Drive Jane Madera, Staff Planner reported that this application was a request for a variance to the rear yard setback. Staff stated that the adjacent property owner did not receive a notice of the public hearing. They, did however, become aware of the meeting and faxed a request for a continuance to have the opportunity to review the request and respond accordingly. Staff recommended a one (1) week continuance but stated that she was prepared to make a presentation if the Zoning Administrator requested it. The Zoning Administrator requested the staff report. Staff stated that one-half of this property is adjacent to a school property and one-half is adjacent to a single family lot. The Huntington Beach Ordinance Code allows properties adjacent to a school yard to have a minimum five (5) foot rear yard setback and the half adjacent to the residential lot must meet a ten (10) foot minimum setback. Staff stated that the applicant's proposal is for a master bedroom and bath addition with a six (6) foot setback to the rear on the half of the property that requires a ten (10) foot setback. Staff reported that the necessary findings for a variance, such as, a land related hardship is not present on this property as the lot is a standard 60' X 100' and does not have unique topographical or lot configuration. Staff presented an alternative of the plan that would not require a variance. Staff recommended denial of this project because there are not land related hardship findings applicable to the subject property. THE PUBLIC HEARING WAS OPENED. The applicant, Harry Kontoes Jr. was present and opposed staffs recommendation. He stated that staffs alternative suggestion to the plan eliminated a proposed window to the rear yard and that he would have an area in the rear of his property that would not be maintained due to no visibility in this area. The applicant also presented a petition signed by over twenty homeowners in the area that agreed with his request for the addition with a reduced rear yard setback. Harry Kontoes, Sr. was present and also reiterated the applicant's position. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL EXCEPTION NO.94-7 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE MAY 4, 1994 ZONING ADMINISTRATOR MEETING. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ITEM 2: USE PERMIT NO. 94-30 Applicant: Fred MacMurdo MW Development Services 18 Technology, Suite 141 Irvine, CA 92718 Request: To permit a 926 square foot second floor mezzanine for new gym area and a 160 square foot mezzanine for new office area at the existing National Wushu Training Center. Location: 7481 Talbert Avenue Jane Madera, Staff Planner reported that this application was a request to expand an existing mixed use industrial property with a 926 square foot second floor mezzanine for a new gym and a 160 square foot mezzanine for new office area. Staff stated that the applicant is the National Wushu Training Center which previously received approval of a use permit for a combination warehouse distributing center and a karate gym/studio. Staff presented a floor plan explaining the ZA Minutes 4/27/94 2 expansion and stated that the request required twenty (20) parking spaces which are all provide on -site. Staff recommended approval of this project with findings and conditions. THE PUBLIC HEARING WAS OPENED The applicant, Fred MacMurdo was present and described the proposed use and explained the expansion was necessary because of the success of the karate studio. Mr. MacMurdo concurred with staffs recommendation. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED USE PERMIT NO.94-30 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 (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-30: L Use Permit No. 94-30 for the establishment, maintenance and operation of the 926 square foot second floor gym mezzanine and 160 square foot second floor office mezzanine will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The expansion to the mixed use mail-order warehouse and gym/studio is compatible with the surrounding industrial business. b. Property and improvements in the vicinity of such use or building. The applicant's property can provide the required twenty (20) parking spaces entirely on the subject parcel and therefore will not impact parking on other surrounding properties. 2. The granting of Use Permit No. 94-30 will not adversely affect the General Plan of the City of Huntington Beach. The 926 square foot second floor gym mezzanine and 160 square foot second floor office mezzanine is consistent with the goals and objectives of the General Industrial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 19, 1993 shall be the conceptually approved layout. ZA Minutes 4/27/94 3 2. The hours of operation for the proposed uses shall be limited to the following: a. Mail Order Business/Warehouse: 8:00 a.m. - 3:00 p.m., Monday through Friday. b. Personal Enrichment Studio: 3:30 p.m. - 9:00 p.m., Monday through Friday, 9:00 a.m. - 6:00 p.m., Saturday. 3. No retail sales to the general public shall be permitted. 4. Exiting from the proposed second floor mezzanines shall comply with the Uniform Building Code. 5. Fire Department Requirements: a. Proposed tenant improvement area shall be protected with automatic sprinklers per Huntington Beach Ordinance Code. b. Exits shall conform to Uniform Building Code. C. Fire extinguishers shall be required per Huntington Beach Fire Code requirements. 6. 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. 7. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS The development 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. 94-30 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 4/27/94 4 LJI 11 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 27,1994 AT 6:00 PM. MA Str nge Zoning Administrator :lp ZA Minutes 4/27/94 5