Loading...
HomeMy WebLinkAbout2003-08-13® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 13, 2003 - 1.30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: July 23, 2003 July 30, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: VARIANCE NO 03-09 (BARBOUR GARAGE ADDITION) APPLICANT/ PROPERTY OWNER: Keith Barbour, 16591 Simmone Lane, Huntington Beach, CA 92647 REQUEST: To allow approximately 20 sq. ft. of a proposed 445 sq. ft. side -entry garage addition to encroach up to 3.25 ft. into the required 10 ft. front yard setback. LOCATION: 16591 Simmone Lane (west side of Simmone Lane, north of Ruth Drive) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, elevations and photographs. Staff stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. No written or verbal comments were received in response to the public notification. 40 Mike Strange, Acting Zoning Administrator, reviewed the plans and engaged in a general • discussion with staff concerning: • The encroachment. • The special circumstances applicable to the subject property. • The hardship the strict application of the zoning ordinance would place upon the applicant if the variance were not granted. • Alternative placement of the master bedroom. • Square footage of the front yard setback. • Angle and turning radius of the driveway. Further discussion ensued concerning Condition No. 3.b regarding the removal and replacement of a new residential drive approach as required by the Department of Public Works. Mr. Strange confirmed with staff that the applicant is aware of and agrees to the foregoing condition. Staff stated that the applicant is unable to attend today's meeting because of a pre -scheduled vacation in conflict with today's meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. Mr. Strange stated that he was going to approve the request based upon the suggested findings • and suggested conditions of approval as recommended by staff. Mr. Strange asked staff to advise the applicant that parking of vehicles on the sidewalk is prohibited. VARIANCE NO. 03-09 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 CEQA: 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 15301/05 of the CEQA Guidelines, because the project consists of an addition to an existing structure involving negligible or no expansion of the use beyond that existing in conjunction with a minor setback variance which will not result in any changes in land use or density. FINDINGS FOR APPROVAL - VARIANCE NO. 03-09: 1. The granting of Variance No. 03-09, to allow approximately 20 sq. ft. of a proposed 445 sq. ft. side -entry garage addition to encroach up to 3.25 ft. into the required 10 ft. front yard ZA Minutes 08/13/03 2 (03zm0813) setback, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed garage addition substantially conforms to the required ten foot minimum setback. The requested variance allows for only a minor encroachment of a small portion of the proposed addition into the required setback. The subject property will maintain a front yard setback which is on balance consistent with the setback of other properties in the vicinity and under identical zone classification. 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 subject property is located along the bulb of a cul-de- sac. The curvature of the front property line presents circumstances which, absent the requested variance, serve to deprive the subject property of the privilege to construct a side -entry garage addition which is in large part at the 10-foot minimum front yard setback allowed in the zoning district. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary is allow construction of an addition in substantial conformance with the required minimum setback. Strict compliance with the required setback would constitute an unnecessary hardship to the property owner, due to the curvature of the front property line, since it would require that a substantial portion of the ® proposed addition be constructed at a setback which exceeds the required minimum in order that all portions of the addition comply with the minimum setback. 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 proposed addition substantially conforms with the required setback. In addition, the wall of proposed garage which faces the street features two four foot wide recessed planes and two windows; architectural details which add visual interest to the proposed addition, break up the massing, partially offset the proposed encroachment, and minimize the impact of the proposed setback encroachment. The setback area between the proposed garage and the front property line will be entirely landscaped and the total landscaped area within the required front yard (51%) exceeds the required minimum by 11 percent. The proposed addition will not encroach into the required vision clearance triangle at the intersection of the driveway and the public sidewalk. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low -Density — Coastal Zone) on the subject property, including the following General Plan policies: LU 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. LU 9.1.2(a): Modulate and articulate building elevations, facades and masses (avoiding ® undifferentiated "box -like" structures). ZA Minutes 08/13/03 3 (03zm0813) LU 9.1.2(c): Minimize the amount and width of the paving of front yards for driveway and garage access. 0 The requested variance accounts for the somewhat unique attributes of the site at its location along the bulb of a cul-de-sac, and the resulting curvature of the front property line. The proposed garage design incorporates recessed wall planes and windows into the fagade facing the street. Proposed landscaping within the front yard exceeds the minimum required by the BBZSO and limits paved areas to a minimum. CONDITIONS OF APPROVAL — VARIANCE NO. 03-09: The site plan, floor plans, and elevations received and dated July 2, 2003 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 one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. The final building permit(s) cannot be approved until the following has been completed: a. All improvements per the approved plans must be completed. • b. The existing driveway shall be removed and replaced with a new residential drive approach in accordance with Standard Plan No. 209. Sections of existing sidewalk and curb and gutter shall be removed and replaced as determined by the Public Works Inspector to accommodate the new driveway approach. The top of the driveway transition (top of "X") shall be a minimum of five feet clear of the nearest parkway appurtenance, such as a street light or fire hydrant. c. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) d. 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. e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) b. Wet down the areas that are to be graded or that are being graded, in the late morning and • after work is completed for the day. (PW) ZA Minutes 08/13/03 4 (03zm0813) C] c. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) d. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 5. 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 Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Variance No. 03-09 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Variance No. 03-09 shall become null and void unless exercised within one year of the date of final approval which is August 13, 2004 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. 03-09, 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 Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 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 08/13/03 5 (03=0813) County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. Park fees shall be paid prior to or at issuance of building permits. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 20, 2003 AT 1:30 PM. VJ, t) V ,, -,� Mike Strange, Acting Zoning Administrator :rmk • • ZA Minutes 08/13/03 6 (03zm0813)