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HomeMy WebLinkAbout1995-08-16MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 16, 1995 -1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Mary Beth Ormsby, Lisa Koch MINUTES: None ITEM 1: CONDITIONAL USE PERMIT NO. 95-57 Applicant: Harry Monck Property Owner: Prichard and Kathy Pearce, 1117 Lake Street, Huntington Beach, CA 92648 Request: To permit a 545 square foot single story addition to an existing single family residence with non -conforming side yard setbacks (3.2 feet and 4.75 feet in lieu of minimum five feet). The applicant is requesting to construct the addition at the existing 3.2 foot setback. Location: 1117 Lake Street (west side of Lake Street between Loma Avenue and Thirteenth Street) Mary Beth Ormsby, staff planner, stated that this was a request to permit a 545 square foot single story addition to an existing single family residence with non -conforming side yard setbacks at 3.2 feet. Staff presented the site plans of the project. Ms. Ormsby noted that a Conditional Use Permit is required because the addition proposed will also be non -conforming with the existing setback; the property meets the zoning code standards in all other respects. Staff recommends approval of the request based on the fact that it is a single -story addition and is regarded compatible with the adjacent single -story homes. Ms. Ormsby stated that the General Plan and zoning are consistent. Staff recommended that a covenant to hold as one (1) parcel be recorded. Additionally, Public Works recommended that various off -site dedications and improvements be made to the alley and sidewalk. Staff noted that the Zoning Code requires that if the addition Conditional Use Permit No. 95-57 Page No. 2 exceeds one-third (111, the value of the existing structures, the off -site dedications and improvements are deemed necessary. It was also recommended that, should any type of replacement be done to the sidewalk, the existing eucalyptus tree be retained and well -protected; the landscape architect should therefore be notified prior to any replacement of the sidewalk. Ms. Ormsby stated that no letters have been received for or against this request. THE PUBLIC HEARING WAS OPENED. Harry Monck, applicant, stated that he felt the request was consistent with the surrounding area and zoning requirements. Mr. Monck also noted that he would comply with the conditions suggested by the staff. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 95-57 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 - CONDITIONAL USE PERMIT NO. 95-57: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-57 for a room addition with non -conforming setbacks will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The single story addition will not infringe upon privacy rights of any adjacent residences even when constructed at the existing side yard setback and is compatible with the single story units in the neighborhood. Access to the existing garage will not be altered in any way as a result of this project. The windows of the room addition face into the yard area of the adjacent property as that unit is situated to the front and north of the lot. 2. The granting of Conditional Use Permit No. 95-57 will not adversely affect the General Plan of the City of Huntington Beach. The master bedroom suite addition is consistent with the goals and objectives of the residential low -density land use designation. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The Huntington Beach Zoning and Subdivision Ordinance allows for additions at an existing non -conforming setback with a Conditional Use Permit. ZA Minutes 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 3 SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.95-57: 1. The site plan, floor plans, and elevations received and dated June 27, 1995 shall be the conceptually approved layout. 2. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. The applicant shall file a Covenant to Hold As One Parcel with the Orange County Recorder for recordation. A copy of the recorded covenant shall be submitted to the Department of Community Development. b. Submit site plan to Department of Public Works for determination if value of improvements exceeds one-third (1/3) the value of existing structures. If this determination is made, applicant shall comply with the following: 1) A grading plan shall be submitted to the Department of Public Works for review and approval. 2) Dedicate 2.5 feet along the rear property line for alley purposes. 4. If value of improvements exceeds one-third (1/3) the value of existing structures prior to final inspection or Certificate of Occupancy, whichever comes first, the applicant shall: a. Remove and replace existing sidewalk. The roots and trunk of existing eucalyptus tree in front parkway shall be undamaged. Notify Park, Tree and Landscape Inspector prior to removing the sidewalk (24 hours minimum). b. Remove and replace one-half (1/2) of the alley. c. Abandon existing and install new water service. 5. The existing eucalyptus tree in front parkway is to remain in place undamaged. 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 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 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 4 INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. An Encroachment Permit shall be required for all work within City right-of-way. 5. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-57 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: CONDITIONAL USE PERMIT NO. 95-58 / VARIANCE NO. 95-15 Applicant/ Property Owner: Larry Brennan Request: To conduct private swimming lessons at a single family residence for 61 days during the period of May 20 through September 6, annually. Variance requested to allow non-residents to provide swimming lessons. Location: 9212 Willhelm Circle (south of Garfield Avenue, east of Magnolia Street) Mary Beth Ormsby, staff planner, presented the site plans and stated that this was a request to conduct private swimming lessons at a single family residence. Ms. Ormsby stated that the zoning code requires that for home occupation where instruction is involved, a conditional use permit must be obtained from the Zoning Administrator. In addition, the zoning code stipulates that no one other than a resident of the home may work at the home. In this particular case, Ms. Ormsby noted that this request involves four (4) non-resident instructors, thus the necessity for the variance. The swimming instruction that is offered consists of private, one-on-one lessons that are 15 to 20 minutes in length. Ms. Ormsby stated that there would be a maximum of four (4) people in the swimming pool at any one time. The worst case scenario, assuming the lessons lasted 20 minutes per student, results in approximately 62 people per day (excluding Mr. Brennan, the applicant) who would be traveling to the residence. It was noted that this request is for a period of 61 days annually, from May 20 through September 6. The requested hours are from 9:00 a.m. to 7:00 p.m. during the summer and 3:00 p.m. to 7:00 p.m. while school is in session. Staff noted that numerous letters in support of the swim school have been received, including 12 letters from the direct vicinity of the subject property and 22 letters from other individuals. In addition, a petition with 128 signatures has been received also supporting the swim school. Only one (1) letter expressing concern of increased traffic was received. Staff recommended approval of this request with suggested conditions. It was recommended, due to the concern of the ZA Minutes 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 5 generated traffic, that only 10 students be given lessons per day and that the requested variance to have non-resident employees be denied. In addition, it was recommended that a Hold -Harmless Agreement and certificate of insurance be provided by Mr. Brennan prior to the start of the next season. THE PUBLIC HEARING WAS OPENED. Larry Brennan, applicant, stated that Sunset Swim School originated in 1981. He noted that in the 14 years of operation there has never been a complaint or accident, and all of the instructors are WSI Certified and are high school or junior -high school coaches. He stated that by bringing in these individuals with an aquatic background and expertise, he is providing a valuable community service that is generally not found at other swim schools. Mr. Brennan stated that the American Red Cross has shown interest in the Sunset Swim School and currently shows his video to all individuals going through WSI, thus showing his swim school's credibility. Mr. Brennan noted that putting such limitations on the swim school, as staff recommended, would be a tremendous disservice to the community. Mr. Brennan presented figures of attendance for the past 14 years and stated that approximately 4,000 students have been taught how to adequately handle themselves in a swimming pool. He noted that with the number of swimming pools in Orange County, as well as the proximity of the ocean, every child needs this instruction to save his life. Mr. Brennan stated that he wanted Sunset Swim School to continue in the same fashion that it is currently running. Mr. Brennan's figures showed that the swim school has increased 101 students in the past 10 years. His current enrollment is 311 students, 98% being non -swimmers. Mr. Brennan stated that according to his current schedule, the maximum number of students possible in one summer would equal 460. The attendance records of Sunset Swim School showed that Mr. Brennan is at 68% of that maximum. Mr. Brennan stated that he does not have the instructional power to rise above that 68% and does not anticipate that percentage to increase even in the next 10 years. Mr. Brennan noted that the parking concerns are valid and that instructors will not be parking on Willhelm Circle but rather on Randi Lane. Additionally, he will move his two (2) vehicles as well to open up parking spaces. Marilyn Goldstein, in support of Sunset Swim School, was present to speak. Mrs. Goldstein stated that her five (5) year old child was a student of the school and after one full week of lessons she was completely water -safe. In addition, she stated that to deny Mr. Brennan of his request would be a disservice to the community. Bunny Foxcroft, an employee of the American Red Cross, was present and stated that her two (2) children, ages 19 months and six (6) years, are currently students of Sunset Swim School. Mrs. Foxcroft stated that both of her children are water -safe and recommended that the swim school be allowed to continue operations as it has in the past. She presented statistics that stated the number of one (1) to 12 year olds in Orange County that have drowned in backyard pools: ® 1990: 12 children • 1991: 9 children ® 1992: 8 children ® 1993: 8 children ,ZA Minutes 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 6 Marlene Helms, adjacent resident, was present to speak on behalf of Sunset Swim School. Mrs. Helms has four (4) sons that are students of Mr. Brennan and believes the school to be exemplary. Mrs. Helms stated that the school is highly regarded by many people of the community and that the parking concern is far outweighed by the number of children who have received life-saving skills by Sunset Swim School's instructions. She noted that the public service provided is invaluable and asked the Zoning Administrator to approve Mr. Brennan's requests. Charles Gale was present to speak on five (5) items in support of Sunset Swim School. He believed the swim school to be reasonably unique with its one-on-one instruction. Secondly, the instruction is taking place in a safe environment. The third item noted was that he found the swim school to be suprisingly quiet. The fourth item was that the service far outweighs the detriment. And lastly, Mr. Gale stated that this request was not a typical variance due to the fact it is not a land -related condition. Mr. Gale asked the Zoning Administrator to support Mr. Brennan's requests. Frank Mead of the Huntington Beach Fire Department was present to speak in support of Sunset Swim School. Mr. Mead stated that his son was a former student of the swim school and is now an avid swimmer. He noted that drowning is avoidable and that he believed the school should continue in the same fashion it is currently running. Carol Finkleberg, adjacent resident, was present and stated that the swim school is in no way noisy and that there is no parking problem. Ms. Finkleberg noted that the cars that come by are staggered and are not there all day. In addition, Ms. Finkleberg stated that she was pleased with the way Mr. Brennan ran the school and asked the Zoning Administrator to allow him to continue running the school in the same fashion. Leslie Miller was present to speak in support of Sunset Swim School and stated that for the past six (6) years she has sent her children there for instruction. Mrs. Miller noted that there is no socializing; parents are quick to take their children and leave the residence. In addition, she has her children train back-to-back, therefore she is the only parent there for 45 minutes. Mrs. Miller stated that this is common practice for other parents, as well. Stephanie Berger was present to speak on behalf of the swim school. Ms. Berger stated that her two (2) year old son was completely water -safe within the first week of instruction. Melodee Hoorebeke was present to speak in support of Sunset Swim School: Ms. Hoorebeke stated that her two (2) sons are students of Mr. Brennan and that she is completely satisfied with the swim school. She noted that the recommendations by the staff and the cut -backs that would result would be a disservice to the community. Ms. Hoorebeke stated that she would recommend Sunset Swim School to anyone. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 7 Mike Strange, Zoning Administrator, questioned the variance because it was not a land -related condition. Ms. Ormsby stated that the staff believed the request was a special circumstance, therefore establishing the necessity of a variance. Mr. Strange questioned the applicant as to the cost of lessons. Mr. Brennan stated that Sunset Swim School is very reasonable and that savings are passed on to his customers. In addition, Mr. Strange noted that he would like to put a cap on the total number of students per day. Mr. Brennan requested that the cap be placed at the maximum number of students that his current schedule allows. CONDITIONAL USE PERMIT NO.95-58 AND VARIANCE NO. 95-15 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 - CONDITIONAL USE PERMIT NO. 95-58: 1. The establishment, maintenance and operation of Conditional Use Permit No. 95-58 for the swim school at a private residence will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The use is only in operation 61 days per year. The swim lessons are private, one-on-one, and there are only four (4) people in the pool at one time. This minimizes the number of people at the residence at one time and potential noise and traffic impacts to the neighborhood. The rear of the property where the pool is located is adjacent to the Talbert Channel, thus lessening the number of adjacent residences that could be impacted. The use has operated at the subject property for approximately 12 years without incident or complaint. The use provides life saving skills that are beneficial to the general welfare of the residents of Huntington Beach. 2. The granting of Conditional Use Permit No. 95-58 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the goals and policies of the Land Use Element of the General Plan. The proposed swim school at a private residence will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The use is allowed in the Residential Low -Density Zone with a Conditional Use Permit. FINDINGS FOR APPROVAL - VARIANCE NO. 95-15: 1. The granting of Variance No. 95-15 to allow swim instruction at a residence by non- residents will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The Huntington Beach Zoning and Subdivision Ordinance does not limit the number of residents in a dwelling and therefore does not limit the number of people that could operate a home occupation business at a given location. The applicant is the only adult living at the subject property. The swim school is unique in its one-on-one approach with only two (2) ZA Minutes 8/16/95 (min0816) Conditional Use Permit No. 95-57 Page No. 8 instructors in the pool at a time. A total of three (3) adults (two non-residents of the home) is not inconsistent with what can occur at other homes with home occupation permits. 2. Because of the subject property, including 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 classification. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The pool improvements at the subject property were developed to provide swimming instruction. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The variance enables Sunset Swim School to help more children learn how to swim which benefits public welfare and safety. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated June 29, 1995 shall be the conceptually approved layout. 2. The use shall comply with the following: a) Instruction shall occur at intervals no shorter than 15 minutes. b) Sessions will run from May 6 through September 20, four (4) days per week, excluding Saturday and Sunday. c) Hours of operation will be between 9:00 a.m. and 7:00 p.m. d) No more than two (2) non-resident instructors will be working at the site at any one time. 3. The applicant shall provide a copy of his insurance policy to the Department of Community Development for inclusion in the entitlement file prior to swim instruction in May of 1996. 4. The applicant shall provide a Hold Harmless Agreement to the Department of Community Development prior to swim instruction in May of 1996. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. ZA Minutes 8/16/95 (min0816) I Conditional Use Permit No. 95-57 Page No. 9 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. A review of the use shall be conducted in July of 1996 to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Zoning and Subdivision Ordinance. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit 95-58/Variance No. 95-15 may become null and void. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95- 58/Variance No. 95-15 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:40 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 23, 1995. W" � V L'-� --r-, Mike Strange Zoning Administrator MS:MBO:Iek ZA Minutes 8/16/95 (min0816)