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Home My WebLink About2006-11-08® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 8, 2006 -1:30 P.M. ZONING ADMINISTRATOR: Scott Hess, Acting Zoning Administrator STAFF MEMBER: Tess Nguyen, Ron Santos, Jeanie Cutler (recording secretary), Ramona Kohlmann MINUTES: October 25, 2006 CONTINUED TO THE NOVEMBER 15, 2006 MEETING ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 2006-015 / VARIANCE NO. 2006-012 (BATISTE RESIDENCE) ® APPLICANT: Karen Otis PROPERTY OWNER: Bill and Virginia Batiste, 17002 Marinabay Drive, Huntington Beach, CA 92649 REQUEST: CDP: To permit construction of a 4,000 sq. ft., two-story single-family dwelling with a 524 sq. ft. attached two -car garage; VAR: To permit a 19 ft. setback from the front property line in lieu of the required 20 ft. garage setback. This request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 17002 Marinabay Drive (east side of Marinabay Drive, south of Coral Cay Lane) PROJECT PLANNER: Tess Nguyen Tess Nguyen, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented an overview of the proposed project and the suggested findings and conditions of approval as presented in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as presented in the executive summary. No inquiries were made at the Zoning Counter. No written or verbal comments were received in response to the public notification. Staff stated that numerous mailings were returned by the post office with "address • not known", however upon further checking it was found they were valid addresses. GAZONING ADMINISTRAT0R\ZAMIN\06\06zm1108.DOC Scott Hess, Acting Zoning Administrator, confirmed with staff that the setback for the garage • would be the same as the existing setback. Mr. Hess reviewed the project plans and discussion ensued with staff concerning the garage setback from the property line. THE PUBLIC HEARING WAS OPENED. Karen Otis, 16871 Sea Witch Lane, Architect, spoke in support of the project and described how the new garage will be in the same location as the previous garage. Ms. Otis confirmed her agreement with staff's recommended findings and conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Hess asked staff to modify Suggested Findings for Approval to state that the average setback for the garage is approximately 23 feet from the property line. COASTAL DEVELOPMENT PERMIT NO. 2006-015 / VARIANCE NO. 2006-012 (BATISTE RESIDENCE) 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) WORKING 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 Is (CEQA) pursuant to section 15303 and 15305 of the CEQA Guidelines, because the project consists of the construction of a single family home and the requested variance provides for minor alterations in land use limitations that does not result in any changes in land use or density. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-015 Coastal Development Permit No. 2006-015 for the construction of a two-story, 4,000 sq. ft. single-family residence, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program Land Use Designation of Residential Low - Density. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will replace an existing dwelling on the site and is contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code except for the variance approved concurrently for a reduced garage setback/driveway depth from the front property line. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will be constructed on a previously developed lot in an urbanized area with direct access from an • GAZONING ADMINISTRAT0R\ZAMIN\06\06zm1108.DOC 2 (06zm1108) • existing public street and with all necessary services and infrastructure available including water, sewer, and electricity. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. In addition, the project is subject to payment of required park fees, to be used for acquiring and maintaining public parkland for recreational use. FINDINGS FOR APPROVAL - VARIANCE NO. 2006-012 The granting of Variance No. 2006-012 to permit a 19 ft. setback from the front property line in lieu of the minimum code required 20 ft. garage setback (for the construction of a new garage in the same location of the existing garage) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject property is a pie -shaped lot, creating a skewed property line in relationship to the garage. While one corner of the garage is providing more than the required 20 ft. setback (approximately 28 ft.), the other corner is at approximately 19 ft. from the property line. The average setback for the garage is approximately 23 feet from the property line. In addition, the property line is not at the line of the sidewalk but it is set in a total of 7 ft. 6 in. This condition, along with the provided setback, creates a long driveway (approximately 26 ft. at the shortest point and approximately 36 ft. at the longest point). 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 pie -shaped and the curvature in the front property line makes it difficult to comply with the front setback for the garage. Because the property line is set in from the line of the sidewalk, the setback reduction will not affect vehicle maneuverability. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to maintain an existing setback which is comparable to the other homes in the vicinity. 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 subject property provides the Code required parking by means of a two -car garage and two off-street parking spaces in front of the garage. Consequently, no detrimental impacts to surrounding properties are anticipated. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL-7 (Residential Low-Density-7 units/acre) on the subject property, including the following 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 (c): Minimize the amount and width of the paving of front yards for driveway and ® garage access. G:\ZONING ADM INISTRATOR\ZAMIN\06\06zm1108.DOC 3 (06zm1108) The requested variance accounts for the unusual shape of the subject site, the curvature of • the property line, and the location of the existing garage relative to the front property line. The orientation of the proposed garage, with the setback reduction, still allows vehicles with the ability to safely maneuver in and out of the property. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-015/ VARIANCE NO. 2006-012: 1. The site plan, floor plans, and elevations received and dated September 29, 2006 shall be the conceptually approved design. 2. The windows in the bedroom and dining room on the first floor shall be made of obscure glass. THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNfi�SDAY, NOVEMBER 15, 2006 AT 1:30 PM. 0 :j kc • GAZONING ADMINISTRAT0R\ZAMIN\06\06zm1108.DOC 4 (06zm1108)