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HomeMy WebLinkAbout1999-02-17• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 17, 1999 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Ricky Ramos, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: VARIANCE NO.98-23 (BOSS GARAGE ADDITION) APPLICANT: Dennis D'Ambra, 7744 Westminster Boulevard, Westminster, CA 92683 PROPERTY OWNER: Ronald Boss, 6515 Silverspur Lane, Huntington Beach, CA 92648 is extension To provide a 23 foot- 11 inch front setback in lieu of 30 feet to allow the extension of an existing three (3) car garage. LOCATION: 6515 Silverspur Lane (at its intersection with Horseshoe Lane) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed project plans and a grading plan stating the purpose, location and zoning of the requested project. Staff presented a review of the findings and recommended denial of the request based upon the suggested findings as outlined in the staff report. Herb Fauland, Zoning Administrator, and staff discussed other variances and similar projects in the same tract that were granted special permits or provisions which allowed a 10% deviation or encroachments to the garage. THE PUBLIC HEARING WAS OPENED. Ronald Boss, 6515 Silverspur Lane, property owner, urged the Zoning Administrator's approval of the proposed project and presented reasons thereof. Dennis D'Ambra, 7744 Westminster Boulevard, Westminster, applicant, approached with plans, stated that a 27-foot variance was granted to the developer, and urged the Zoning Administrator's approval. Mr. D'Ambra stated that the Homeowner's Association has approved the proposed project subject to approval of the variance. Mr. Fauland stated that he did visit the site. Mr. Fauland reviewed the plans with staff and the applicant and a discussion ensued. . THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE L REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that he was going to override staff recommendation and approve the request. He presented detailed reasons thereby justifying findings for approval. Mr. Fauland and staff discussed conditions of approval for the request. Staff stated that no comments were received from other City departments and therefore the standard conditions of approval would apply to this request. The applicant concurred with the foregoing. VARIANCE NO. 98-23 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 - VARIANCE NO. 98-23: 1. The granting of Variance No. 98-23 to provide a 23 foot- 11 inch front setback in lieu of 30 feet to allow the extension of an existing three (3) car garage will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. It is consistent with other variances approved for similar properties in the Ellis-Goldenwest Specific Plan area. • 2. Because of special circumstances applicable to the subject property, including size, shape, topography, 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 lot configuration with its curvilinear front property line deprives the subject property of privileges enjoyed by other properties in the area. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance represents a minor encroachment in the front setback that will preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Adequate driveway depth and width will be maintained to allow vehicle parking even with the approval of the garage extension. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. • ZA Minutes 2/17/99 2 (99zm0217) • CONDITIONS OF APPROVAL — VARIANCE NO. 98-23: 1. The site plan and floor plan received and dated December 21, 1998 and the elevations received and dated October 22, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, -structural, electrical, mechanical and plumbing). I 3. Prior to final building permit inspection and approval, the following shall be completed: a. 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. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 98-23 shall not become effective until the ten-day appeal period has elapsed. 2. Variance No. 98-23 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Variance No. 98-23, pursuant to a public hearing for revocation, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, Municipal Code, or Ellis-Goldenwest Specific Plan occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the ZA Minutes 2/17/99 3 (99zm0217) County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 24, 1999 AT 1:30 PM. Herb Fauland Zoning Administrator rmk C� ZA Minutes 2/17/99 4 (99zm0217)