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Home My WebLink About2003-09-24MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 24, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: August 27, 2003 September 3, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: VARIANCE NO. 03-12 (DIXON ENTRY PORCH) ® APPLICANT: Lon W. Bike, 23905 Clinton Keith Road #114, Wildomar, California 92595-7899 PROPERTY OWNER: Greg Dixon, 6621 Trotter Drive, Huntington Beach, CA 92648 REQUEST: To permit the addition of an entry porch on a two-story single-family home with a 30-foot front yard setback in lieu of the required 37-foot, one -inch setback requirement. LOCATION: 6621 Trotter Drive (northwest corner of Trotter Drive and Quarterhorse Lane) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans 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 stated that the Design Review Board has reviewed and approved the proposed project. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. 40 THE PUBLIC HEARING WAS OPENED. Greg Dixon, 6621 Trotter Drive, property owner, stated that he had no comments at this time. Bruce Winsatt, 6672 Shetland Circle, President, Country View Estates Homeowner's Association (HOA), spoke in opposition to the proposed project, stated that the proposed project does not comply with their CC&Rs, and stated that the architectural committee will not approve the requested variance. W. Winsatt questioned the City's authority to override the HOA's decision. Mike Strange, Acting Zoning Administrator, and staff engaged in a discussion concerning the City's role as related to CC&Rs and homeowner's associations. Lon W. Bike, 23905 Clinton Keith Road #114, Wildomar, applicant, spoke in support of the proposed project and urged the Zoning Administrator's approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE 03-12 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 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. 03-12: The granting of Variance No. 03-12 to permit the addition of an entry porch on a two-story single-family home with a 30-foot front yard setback in lieu of the required 37-foot, one -inch setback requirement (7 ft. one inch reduction) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The surrounding neighborhood contains other properties which were granted exceptions for reduced front yard setbacks due to unusual lot depths, lot configurations, and to allow variations in the street scene. • ZA Minutes 09/24/03 2 (03zm0924) 2. Because of special circumstances applicable to the subject property, including size, shape, 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 subject site is a corner lot bounded by Trotter Drive along the southerly property line and Quarterhorse Lane along the easterly property line. The subject residence is setback approximately 29 feet from the easterly (exterior side) property line and the applicant is proposing a 30-foot front yard setback. Based on the liberal exterior side setback provided (29 feet) and the proposed front yard setback (30 feet), there will be no negative impact to visibility at the intersection of Trotter Drive and Quarterhorse Lane, and the objectives of the Ellis-Goldenwest Specific Plan to allow for significant open spaces will be maintained based on the ample setbacks proposed. In addition the proposed entry porch will be open on three sides, which will maintain visibility across the subject property. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The subject residence is currently setback approximately 40 feet from the front property line. The addition of a covered entry will enhance the appearance of the residence and allow for protection from adverse weather conditions. 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 reduced front yard setback will not impact the surrounding properties or circulation of adjacent streets. The property will continue to provide the adequate number of parking spaces on the driveway and the proposed 30-foot front yard setback is consistent with several properties located in the surrounding neighborhood. 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 by allowing for estate residential development while maintaining adequate open space based on the existing 29-foot exterior side yard setback in conjunction with the proposed 30-foot front yard setback. CONDITIONS OF APPROVAL — VARIANCE NO. 03-12: The site plan, floor plans, and elevations received and dated July 11, 2003, shall be the conceptually approved layout. 2. The following shall be completed prior to submittal for building permits: 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. The applicant shall provide a letter from the Homeowner's Association indicating their acknowledgement of the proposed development plans. ZA Minutes 09/24/03 3 (03zm0924) completed The followingshall be prior to issuance of building permits: a. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) b. An automatic fire sprinkler system shall be installed throughout, in compliance with City Specification #413. For Fire Department approval, Plans shall be submitted to the building department as separate plans for permits. This will also require a one -inch water meter, final sizing to be determined by the Public Works Department. (FD) c. The applicant shall submit a site plan showing all on -site abandoned oil wells accurately located and identified by well name and API number for Fire Department approval, and identify and detail all methane safety measures per City Specification #429. These details shall be on a separate sheet entitled "MethanePlan". (FD) d. All Fire Department requirements shall be noted on the Building plans. (FD) 4. The final building permit(s) cannot be approved until the following has been completed: a. The existing domestic water service may potentially be utilized if it is of adequate size, conforms to current standards, and is in good working condition as determined by the Water Division. If a new domestic water service is required, the existing water service and meter shall be removed and abandoned per Water Division standards. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the Uniform Fire Code (UFC). The new domestic water service shall be a minimum of one inch in size. (PW) b. If it is determined that the existing water may be utilized, the existing 3/4-inch domestic water meter shall be removed per Water Division standards. A new domestic water meter (touch -read type) shall be installed per Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). (PW) c. All landscape irrigation and planting installation shall be completed and certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) d. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) e. Address numbers shall be installed to comply with City Specification #428. Number sets may be required on the front and rear of the structure. (FD) 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 is issued until the Planning Director has reviewed and approved the proposed changes for ZA Minutes 09/24/03 4 (03zm0924) conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission 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. 03-12 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Variance No. 03-12 shall become null and void unless exercised within one year of the date of final approval, which is September 24, 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 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. ® 4. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). 7. An Encroachment Permit is required for all work within the City's right-of-way. THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 1, 2003 AT 1:30 PM. C Mike Strange, Acting Zoning Administrator ® :rmk ZA Minutes 09/24/03 5 (03=0924)