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HomeMy WebLinkAbout1997-01-22MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 22,1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Susan Pierce, Hannah L. Brondial Bowen, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.96-54NARIANCE NO.96-22 (ADDITION/ROOFTOP DECK) APPLICANT/ PROPERTY OWNER: REQUEST: Marty Sundy, 410 Seventh Street, Huntington Beach, CA 92648 To permit a third level deck on a two (2) story addition with variances to allow 57 percent site coverage in lieu of 50 percent and a three (3) foot side yard building setback in lieu of three (3) feet, nine (9) inches. LOCATION: 410 Seventh (east side of Seventh Street, 100 feet north of Orange Avenue) PROJECT PLANNER: Susan Pierce Susan Pierce, Staff Planner, displayed a site plan and photographs stating this application was continued from the January 8, 1997, meeting to allow the applicant an opportunity to review the plans and determine if the site plan could be amended to bring the sideyard setbacks into conformance with the zoning ordinance and to determine if there are other properties in the area that have 55 percent site coverage. The plans have been revised to show setbacks in conformance with the sideyard setback ordinance. Staff stated that a review of the plan revealed that the applicant had calculated 55.9 percent site coverage before (gross) alley dedication. Staff stated that the net site coverage calculation is 58 percent. The applicant has submitted a list of three (3) properties with 55 percent net site coverage that are located on the same street and same block. These properties were issued permits in 1989, and at that time the houses were allowed to have 55 percent net site coverage provided the additional square footage (over the 50% site coverage) was offset by additional open space. Staff continues to recommend denial of the request with findings as there is not sufficient evidence to justify 58 percent net site coverage . Herb Fauland, Zoning Administrator, asked staff if the applicant could modify the floor plans in order to bring the plans for the expansion of the residence into compliance with the 55 percent net site coverage requirement. Staff stated that this had been discussed with the applicant but he did not favor the idea. THE PUBLIC HEARING WAS OPENED. Marty Sundy, 410-7th Street, applicant, submitted photographs of the area stating that he does not feel the proposal is over building for the area. He stated that the plans have been revised to provide the minimum three (3) foot sideyard setbacks. Dan Gurzi, 3497 Braeman Lane, Corona, applicant's architect, discussed gross versus net site coverage. He asked how the lot coverage calculations could be based on net area when this is not enforced on adjacent properties. Herb Fauland, Zoning Administrator, stated that site coverage calculations are based on net area throughout the city. Susan Pierce, stated that the adjacent residence is at 55 percent net site coverage. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE .REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, asked the applicant if he would be willing to redesign the plans to meet the maximum 55 percent net site coverage. The applicant stated that he would. Mr. Fauland stated that he would not be supportive of a site coverage request which exceeds the code by eight (8) percent and adjacent residences by four (4) percent. At this point, he agrees with the staff . recommendation for denial, but would be willing to continue the item for one (1) week if the applicant would redesign the plans to not exceed the 55 percent net site coverage. The applicant stated he would comply with the direction of the Zoning Administrator. CONDITIONAL USE PERMIT NO.96-54 AND VARIANCE NO.96-22 WERE CONTINUED BY THE ZONING ADMINISTRATOR TO THE JANUARY 29,1997 MEETING. ITEM 2: CONDITIONAL USE PERMIT NO. 96-93 (COLE RESIDENCE) APPLICANT/ PROPERTY OWNER: Gary and Claudette Cole, 20271 Colonial Circle, Huntington Beach, CA 92646 REQUEST: To permit a four (4) foot high trellis on top of an existing five (5) foot high block wall along the rear property line in lieu of a maximum wall height of six (6) feet. The total height of the wall plus the trellis would be nine (9) feet. LOCATION: 20271 Colonial Circle (west of Brookhurst Street, between Adams Avenue and Indianapolis Avenue) PROJECT PLANNER: Hannah L. Brondial Bowen ZA Minutes 1/22/97 2 (97ZM0122) Hannah L. Brondial Bowen, Staff Planner, displayed photographs and a site plan stating this request is to permit a four (4) foot high trellis fence extension on top of an existing five (5) foot high block wall. The fence extension is along the rear property line and is requested in lieu of a maximum wall height of six (6) feet. The request is due to Code Enforcement activity because the applicant had installed the trellis without applying for building permits. Staff is recommending approval of the request with findings and conditions as outlined in the staff report. Staff has received three (3) phone calls and correspondence in opposition to this request. THE PUBLIC HEARING WAS OPENED. Claudette Cole, 20271 Colonial Circle, applicant, stated that after they had remodeled their home it was 18 feet closer to the rear neighbor. Mrs. Cole stated that the neighbors yard was unsightly and they had installed the trellis as a visibility screen. She stated that the trellis had been installed for privacy reasons also. Randall Spencer, 940 W. 7th Street, Suite F, Santa Ana, attorney representing Mr. Wang the property owner to the rear, stated that Mr. Wang is opposed to the trellis as it is in danger of being blown down in high winds, the colors do not match the existing fencing and blocks the sun to his yard as it is too high. David Vogel, 20262 Morristown Circle, spoke in opposition to the request stating that the fence was too high and created a glare from the sun into their backyard. Marian Davis, 20281 Colonial Circle, spoke in support of the request stating this is a site improvement that will increase the property value of the home. Gary Cole, 20271 Colonial Circle, applicant, stated that the trellis had been painted to match the existing color of the fence. Judith Bogel, 20261 Morristown Circle, spoke in opposition to the request stating the fence creates a glare into their windows in the afternoon. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator stated that he was concerned with the height of the trellis and its impact to the adjacent neighbors. He stated that the suggested findings outlined in the staff report are not adequate to justify the request to exceed the maximum height. He noted that he had visited the site and expressed concern because the trellis is visible from the street. He also felt the height of the fence at nine (9) feet was excessive, the colors were not compatible with the existing fence and the fence had an impact to the surrounding neighbors as has been expressed during the public hearing. He stated he would be denying the request with findings. ZA Minutes 1/22/97 3 (97ZM0122) CONDITIONAL USE PERMIT NO.96-93 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.96-93• Conditional Use Permit No. 96-93 for the establishment and maintenance of a four (4) foot high wooden trellis on top of an existing five (5) foot high block wall (for a total height of nine (9) feet) along the rear property line would be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed wall extension would not be compatible with the surrounding area because the total height of the wall would be excessive (nine (9) feet) and because it would be visible from the public right-of-way. The wall extension would impact the properties to the rear and to the sides, as well as the entire neighborhood. 2. The proposed four (4) foot high trellis on top of an existing five (5) foot high block wall along the rear property line does not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 3. The granting of the conditional use permit will adversely affect the General Plan and it is not consistent with the Land Use Element designation of Residential Low on the subject property. The wall extension would change the character of the single-family home and the surrounding area. ITEM 3: CONDITIONAL USE PERMIT NO.96-100 (BUI RESIDENCE) APPLICANT/ PROPERTY OWNER: Robert V. Bui, 19622 Constellation Lane, Huntington Beach, CA 92646 REQUEST: To permit a five (5) foot - ten (10) inch high block wall located four (4) feet from the front property line in lieu of a 15 foot minimum front setback. LOCATION: 19622 Constellation Lane (south of Yorktown Avenue, east of Brookhurst Street) PROJECT PLANNER: Hannah L. Brondial Bowen Hannah L. Brondial Bowen, Staff Planner, displayed site plans stating the request to permit a five (5) foot, ten (10) inch high block wall located four (4) feet from the front property line in lieu of a 15 foot minimum front setback was a result of Code Enforcement activity. The applicant was issued a violation notice and is now applying for a conditional use permit. Staff is recommending denial of the request with findings. Staff stated that the Police Department has also stated opposition to the request as it allows limited visibility to the front portion of the house, allowing a place for criminals to hide. Staff stated that they have received one (1) correspondence from a neighbor in opposition to the request. ZA Minutes 1/22/97 4 (97ZM0122) THE PUBLIC HEARING WAS OPENED. Robert Bui, 19622 Constellation Lane, applicant, stated he had built the wall for privacy. He stated that he did not know he was violating City codes and would be willing to modify the wall to comply with the Zoning Ordinance. Adrian Chuck, 19661 Constellation Lane, spoke in opposition to the request. He stated he would support the fence if it was built to comply with City code requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that he had visited the site and the adjacent neighborhood and was in agreement with staff s recommendation for denial with findings. CONDITIONAL USE PERMIT NO.96-100 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.96-100: 1. Conditional Use Permit No. 96-100 to permit a 5 foot-10 inch high block wall located four (4) feet from the front property line in lieu of a fifteen (15) foot minimum front yard setback would be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project, as proposed, would have a negative visual impact on the neighborhood because of its massiveness and bulk. Although the upper portions of the wall have a lattice type design that does offer some visual relief, the view from the public right-of-way is still hard -featured. 2. The proposed 5 foot-10 inch high block wall located four (4) feet from the front property line does not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. A few of the homes in the neighborhood do have block walls located in the front yard, however, they appear to be set back at least 15 feet from the front property line or in line with the garage. 3. The granting of the conditional use permit will adversely affect the General Plan and it is not consistent with the following General Plan policies: Land Use Element LU 9.1.2 : Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines... Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of their neighborhood. ZA Minutes 1/22/97 5 (97ZM0122) C The block wall would enclose the grassy portion of the front yard of an existing single family residence. Because of the building material used (concrete), its proximity to the front property line and because of the wall's height, the wall creates a "fortress" effect which is inconsistent with the other properties in the neighborhood. Urban Design Element UD 1.3.5: Establish design standards for walls along the residential "superblock" corridors, including: for new development, require that privately developed walls make a positive visual contribution to the public streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units... walls be designed to make a positive visual contribution to the public streetscape... not negatively impact the public streetscape. Although the wall is not part of a residential "superblock" corridor or is not located within the public -right-of-way or is not part of a new residential development, this urban design policy can be interpreted to include residential properties which would have an effect on the public streetscape. Because of the wall's proximity to the public right-of-way, this project would have a negative visual impact on the public streetscape because it does not utilize effective design elements which would mask the wall's bulky and massive appearance. THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNES AY, JANUARY 29,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes 1/22/97 6 (97ZM0122)