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HomeMy WebLinkAbout2000-04-26MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 26, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ricky Ramos, Ramona Kohlmdnn (recording secretary) MINUTES: Sept. 16, 23, 30, 1998 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.00-09NARIANCE NO.00-03 (HEAVEY ADDITION AND PATIO WALL) APPLICANT/ PROPERTY OWNER: Bryan Heavey, 601 171' Street, Huntington Beach, CA 92648 REQUEST: CUP: To construct a 42 inch high open view stucco wall with steel tube railing to enclose the existing 36 inch high front patio slab for a total height of 6.5 feet in lieu of a maximum height of 42 inches. VAR: To allow a 25 square foot addition in the front corner of the single family dwelling. The addition and the patio wall are located within the 25 feet corner traffic visibility cutoff. LOCATION: 601 17"' Street (northwest corner at Acacia) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans, photographs and elevations stating the purpose, location and zoning of the request. Staff stated that the ordinance for the RMH-A Zoning District is not compatible with corner lots. Staff supports the variance for the 25 square foot addition because it complies with typical setback requirements applicable to interior lots in the same zoning district, and represents a minor encroachment of approximately five feet into the 25 feet corner visibility cutoff. The variance will not result in a detriment to the area. Staff does not support the conditional use permit (CUP) because the patio wall will be a significant encroachment into the 25 feet corner visibility cutoff. The Design Review Board (DRB) has reviewed and recommends approval of the variance. However, the DRB recommended denial for the CUP because of the design. The DRB recommended four conditions should the Zoning Administrator approve this project. Staff stated that the Public Works Department (PW) reviewed this request and they recommended denial of both requests because of the visibility triangle issue. However, PW stated that if the patio wall were to be approved by the ZA, smaller pilasters should be used to maximize traffic visibility. Two letters were received: 1) David Hendrickson opposed the request because of visibility concerns (namely, height and traffic visibility constraints), and 2) Chris Bovy expressed support of the requested variance. No other comments written or verbal were received. Mary Beth Broeren, Zoning Administrator, confirmed with staff that a permit was issued in error for this project, and that a complaint was received. THE PUBLIC HEARING WAS OPENED. Bryan Heavey, 601 17" Street, the applicant, presented a history of the project and stated that the current wall is a safety hazard because of children climbing on top of the existing wall with bicycles and skateboards. Mr. Heavey requested approval for a wall that is sturdy with an open view. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she has no concerns with the variance and concurs with staff s recommendations. However, the aesthetic concerns raised by the DRB regarding the patio wall warrants further review. Ms. Broeren approved the variance based upon the findings and conditions as outlined by staff. The conditional use permit was approved with the following modified findings and conditions of approval: Findings for the conditional use permit: add that the project will not be detrimental to the public welfare; special circumstances should reflect that there is a stop sign at the intersection of 171" Street and Acacia Avenue and an extra wide parkway of 11 feet and 6 feet thereby increasing sight visibility for the subject property; similar approvals have been granted permitting encroachment into the 25 feet corner visibility cutoff; and that approval of the request would allow the applicant a private patio area comparable with other properties in the area. Conditions for the conditional use permit and the variance: La that a two -foot wide landscape planter shall be provided along Acacia Avenue; Lb that the front patio wall shall be revised to incorporate a more decorative powder coated railing and smaller ornate posts to reduce view obstruction; 1.c that the final design of the front patio wall shall be reviewed and approved by the Public Works Department with final approval by the Design Review Board; 3. that prior to issuance of building permits a revised site plan and elevations shall be submitted to the Planning Department; and 5. that to maintain its open view design, there shall be no plants or any other material added to the fence. �l ZA Minutes 04/26/00 2 (OOZM0426) CONDITIONAL USE PERMIT NO.00-09NARIANCE NO.00-03 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA• The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because it involves minor alteration of an existing structure involving no expansion of the existing use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-09: 1. Conditional Use Permit No. 00-09 for the establishment, maintenance and operation of the 42 inch high open view stucco wall with steel tube railing to enclose the existing 36 inch high front patio slab for a total height of 6.5 feet in lieu of a maximum height of 42 inches as modified by the conditions of approval will not 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 patio wall as modified by the conditions of approval will have an open view design to maintain visibility. Additionally, the intersection of 17" Street and Acacia Avenue is controlled by a stop sign and additional area for traffic visibility is provided by extra wide parkways of 11 feet along 17"' Street and six feet along Acacia Avenue in addition to the sidewalk. 2. The conditional use permit will be compatible with surrounding uses because there are similar walls in the downtown that have been permitted to encroach into the 25 feet corner visibility cutoff. It will provide the applicant a private patio comparable to other properties in the area and its design will be subject to final review by the Design Review Board for compatibility. 3. The proposed patio wall will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed patio wall is permitted subject to approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RMH-25-d (Residential Medium High Density) on the subject property which permits the existing residential use. FINDINGS FOR APPROVAL - VARIANCE NO. 00-03: 1. The granting of Variance No. 00-03 to allow a 25 square foot addition in the front corner of the single family dwelling that is located within the 25 feet corner traffic visibility cutoff will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The addition complies with typical setback ZA Minutes 04/26/00 3 (OOZM0426) requirements applicable to interior lots in the same zoning district and represents a minor encroachment of approximately five feet into the 25 feet corner visibility cutoff. 2. Because of special circumstances applicable to the subject property, including location and 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 proposed addition meets the minimum setbacks required in the RMH-A district. However, because the property is a corner lot, the applicant is not able to construct the addition without encroaching into the 25 feet corner visibility cutoff. Approval of the variance will allow the applicant to maximize development on the subject property as would be typically allowed in the RMH-A district without resulting in a detriment to the area. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. It will allow the applicant to maximize the living space and eliminate an odd shaped corner on the first level of the existing single family dwelling without resulting in a detriment to the area. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The addition blends in with the existing single family dwelling and is located within the existing building footprint. It represents a minor encroachment of approximately five feet into the 25 feet corner visibility cutoff. It will not be a detriment to the area because the intersection is controlled by a stop sign and the existing parkway and sidewalk on both 17"' Street and Acacia Avenue provide additional space for traffic visibility prior to reaching the intersection. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RMH-25-d (Residential Medium High Density) on the subject property which permits the existing residential use. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-09NARIANCE NO.00-03: 1. The site plan and elevations received and dated February 4, 2000 shall be the conceptually approved layout with the following modifications: a. A two -foot wide landscape planter shall be provided along Acacia Avenue. b. The front patio wall shall be revised to incorporate a more decorative powder coated railing and smaller ornate posts to reduce view obstruction.(DRB) The final design of the front patio wall shall be reviewed and approved by the Public Works Department with final approval by the Design Review Board. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. ZA Minutes 04/26/00 4 (OOZM0426) 3. Prior to issuance of building permits, the applicant shall submit a copy of the revised site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 4. Prior to final building permit inspection and approval, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. 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. To maintain its open view design, there shall be no plants or any other material added to the fence. 6. 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. Conditional Use Permit No. 00-09/Variance No. 00-03 shall not become effective until the ten - calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-09/Variance No. 00-03 shall become null and void unless exercised within one year of the date of final approval which is May 9, 2001 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 Conditional Use Permit No. 00- 09/Variance No. 00-03, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday -Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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 County ZA Minutes 04/26/00 5 (OOZM0426) of Orange and submitted to the Planning Department 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, MAY 3, 2000 AT 1:30 PM. M Beth Broeren Zoning Administrator :rmk ZA Minutes 04/26/00 6 (OOZM0426)