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HomeMy WebLinkAbout2003-07-30® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DULY 30, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: July 2, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM l: COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE ® PERMIT NO. 02-42NARIANCE NO. 03-08 (LEWIS RESIDENCE — CONTINUED FROM THE APRIL 9, 2003 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Michael Mehalick, 525 A Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Rich and Sandy Lewis, 16472 Malden Circle, Huntington Beach, CA 92649 REQUEST: CDP: to construct a 2,897 sq. ft. second story addition and a 1,414 sq. ft. third story addition to an existing single family dwelling. CUP: to (a) construct the dwelling with a third story, and (b) construct the addition at a height greater than 30' 0" VAR: to construct a 1,414 sq. ft. of third floor habitable space not designed within the confines of the second story roof volume. LOCATION: 16472 Malden Circle (north side of Malden west of Gilbert Dr.) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that at the December 18, 2002 meeting the Zoning Administrator directed the applicant to comply with the City's zoning codes and continued the item. Staff stated that the item was re -noticed because of the added variance. 0 Staff presented a review of the proposed project and the suggested findings for denial as outlined • in the executive summary. Staff stated that they have worked with the applicant in an attempt to bring the proposed project into compliance with code requirements; however, the applicant indicated that changes are not possible because of the design. Staff stated that due to the project's non-compliance with the requirement that third -floor habitable space be designed within the confines of the second -story roof volume, and based upon the suggested findings for denial, staff is recommending a denial of the proposed project. Letters of opposition to the proposed project were received from a neighboring property owner and the homeowner's association. THE PUBLIC HEARING WAS RE -OPENED. Rich Lewis, 16472 Malden Circle, property owner, spoke in support of the proposed project. Mr. Lewis stated that the City's processing time for this request has been lengthy, and urged the Zoning Administrator's approval. Mike Strange, Acting Zoning Administrator, asked staff why it has taken so long to process the subject request. Staff stated that they have had several meetings with the applicant in an attempt to bring the proposed project into compliance. Staff stated that the applicant requested several continuances, and stated that the applicant's request for a variance necessitated a continuance to a date uncertain in order to re -notice the request. Michael Mehalick, 525 A Main Street, applicant, stated that they have had numerous meetings with staff. Mr. Mehalick addressed the revisions to the originally submitted plans and urged the Zoning Administrator's approval based upon the following: Is • The proposed roofline is essentially a dormer. • Because of the property's unique two -axis design, the rear dormer and balcony are in compliance. • The height of the dormer avoids privacy issues. • An existing third -floor turret in the neighborhood was approved without a variance. Richard Batistelli, 3481 Gilbert Drive, President, Huntington Harbour Property Owner's Association (HOA), presented a review of a letter stating the HOA's request for denial of the conditional use permit and the variance. Carole Garrett, 17163 Roundhill Drive, member of the HOA, stated support of staff recommendation for denial. Ms. Garrett based her support on incompatibility with other homes in the area and impact on property values. She also advised that the CC&Rs prohibit building heights in excess of 30 feet. Don Goodwin, 16492 Somerset Lane, neighboring property owner, spoke in support of the proposed project. Ellen Goodwin, 16492 Somerset Lane, neighboring property owner, spoke in support of the proposed project. • ZA Minutes 07/30/03 2 (03zm0730) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange explained the requirements necessitating a coastal development permit, a conditional use permit and a variance. Mr. Strange stated that a second -story addition in the Huntington Harbor district is normally approved under just a coastal development permit and is generally supported by the homeowner's association and by staff. He explained that approval of a conditional use permit for a third -story addition exceeding 30 feet and a variance is discretionary. Mr. Strange stated that based upon staff suggested findings for denial, today's public testimony, review of the project plans, and the best interest of the community, he was going to deny the request. He further stated that the project design does not comply with the intent of the zoning ordinance and thereby impacts the requested coastal development permit and conditional use permit. COASTAL DEVELOPMENT PERMIT NO.02-22/CONDITIONAL USE PERMIT NO. 02-42NARIANCE NO. 03-08 WERE DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING 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 the project consists of the development of a single family home. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 02-22: Coastal Development Permit No. 02-22 for the construction of a 2,897 sq. ft. second story addition and a 1,688 sq. ft. third story addition to an existing single-family dwelling, as proposed, does not conform to the General Plan. The proposed third -story is not designed within the second -story roof volume and features third -story windows that are not oriented toward the public right-of-way, as required by the ZSO. The principal method for implementation of the Local Coastal Program is the ZSO, and the design and development standards contained therein. The proposed project does not comply with applicable ZSO standards, does not meet criteria for approval of a variance, and is therefore inconsistent with the Coastal Element of the General Plan. 2. The project is inconsistent with the requirements of the base zoning district for design of third story habitable space. Specifically, the proposed third -story is not designed within the second -story roof volume, and features third -story windows which are not oriented toward ZA Minutes 07/30/03 3 (03=0730) the public right-of-way as required by the ZSO for projects within the Residential Low - Density zoning district. 0 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.02-42: Conditional Use Permit No. 02-42 for the construction of a single family home with a third story at a height of 35'-0" will 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 design of individual dwellings collectively play a significant role in projecting the character and quality of the neighborhood as a whole, which in turn directly affects the value of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low -Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third -story addition is not confined within the second -story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third -story windows which are not oriented toward the public right-of-way, as required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. 2. The conditional use permit will be incompatible with surrounding uses because the project does not conform with design standards for third -story construction intended to ensure the compatibility of new development with existing and future development in the vicinity and • under identical zone classification. Specifically, the proposed third -story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that (a) third -story habitable space be designed within the second -story roof volume, and (b) third -story windows orient toward the public right-of-way only. Consequently, the proposed addition appears as a true third -story and is incompatible with the two-story character established as the standard for the neighborhood. The proposed Conditional Use Permit No. 02-40 does not comply with applicable provisions of the Huntington Beach Zoning and Subdivision for the base district with respect to design standards for third -story construction. Specifically, the proposed third -story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that (a) third -story habitable space be designed within the second -story roof volume, and (b) third -story windows orient toward the public right-of-way only. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan Land Use Element and Coastal Element: Land Use Element Objective 9.2: Provide for the preservation of existing residential neighborhoods. • ZA Minutes 07/30/03 4 (03zm0730) ® Policy 9.2.1: Require that all new residential development within the existing residential neighborhoods (i.e. infill) be compatible with existing structures, including the use of building heights, grade elevations,, orientation and bulk that is compatible with the surrounding development Coastal Element Objective C 1.1: Ensure that adverse impacts associated with coastal zone developments are mitigated or minimized to the greatest extend feasible. The project is proposed in a neighborhood which the City has determined shall be preserved by means of design standards which limit third -story construction and which maintain the character of one and two-story construction. The proposed addition is designed with an apparent third -story and therefore does not serve to preserve the character of the existing neighborhood. The principal method for implementation of the Coastal Element is the Huntington Beach Zoning & Subdivision Ordinance, and the design and development standards contained therein. Accordingly, projects which do not comply with HBZSO standards, and which do not meet criteria for approval of a variance, are inconsistent with the Coastal Element of the General Plan. FINDINGS FOR DENIAL - VARIANCE NO. 03-08: ® 1. The granting of Variance No. 03-08 to construct a 1,414 sq. ft. of third floor habitable space not designed within the confines of the second story roof volume will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The City has reviewed and approved numerous applications for entitlements to construct third -story habitable space since 1992 which were required to comply with the Huntington Beach Zoning & Subdivision Ordinance standards for third -story design. • 2. The subject property does not exhibit special circumstances including the size, shape, topography, location or surroundings which, when subject to the strict application of the zoning ordinance, deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is standard size for the RL district, has a level topography and is not uniquely located. The property's irregular shape does not serve to deprive it of the privilege to construct third -story habitable space in conformance with applicable code requirements, since the design of the roof is not affected by the shape of the lot. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The variance is requested to allow construction of third -story habitable space not within the confines of the second -story roof volume. Third -story habitable space is not identified in the ZSO as a substantial property right in the RL zone. Third -stories are permitted only at the discretion of the Zoning Administrator, Planning Commission or City Council. ZA Minutes 07/30/03 5 (03=0730) 4. The granting of the requested variance will be materially detrimental to the public welfare or • injurious to property in the same zone classification. The design of individual dwellings collectively play a significant role in projecting the character and quality of the neighborhood as a whole, which in turn directly affects the value of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low -Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third -story addition is not confined within the second - story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third -story windows which are not oriented toward the public right-of-way, as required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 6, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk CJ • ZA Minutes 07/30/03 6 (03zm0730)