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Home My WebLink About02/21/1957MINUTES, PAWNING COMMISSION MEETINGS FEBRUARY 2191957 7 :30 P.M. CITY HALL COUNCIL CHAIviBERS ND4PORT BaCH, CALIFORNIA ROLL CALL COMMISSIONERS PRESENT LINDSBRIGGS, RUDD, SMITH, KEENS, COPELIN, HAYTON & REED CO1.11ISSION :RS ABSENT LONGMOOR VARIANCES #335 1. STEINER, A. Sandy 436 Helitrope Ave. Corona del Mar 2. Lot 22 and part of 20 Block 435 Tract 323 Zone C -1 3. Posted January 7, 1957 Published 109 1957 Posted February 11, 1957 (amend) Published February 149 1957 4. Extension of garage to N.E. property line using masonry wall construction and encroachment of 10' into required 20' front setback. On February 5, 1957 the applicant amended his application to include "Change of Southwest side of Garage -wall to extend to property line and be of 4 -hour masonry construction ". 5. The garage extension is necessary so that six (6) cars may be parked off the alley. The front yard encroachment is to provide good sized patio area without cutting down the living area. 6. DISCUSSION This application was first considered at the meeting of the Commission on January 17, 1957. Dr. McCullock was present at that time and ob- jected to the variance as submitted as he stated the wall construction of the garage would jeop- ardize his parking area. Dr. McCullock was advised by the Commission that if the applicant retained this _parcel for commercial use, he could, without variance procedures build a six foot fence on the property line. 7. FINDINGS The Committee reported that the application as submittedS and amended, would not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing in the neighborhood and recommended approval. U • is • E-J, Page - 2 VARIANCES #335 (con'd from Page 1) 8 On motion of Commissioner Copelin, seconded by Comm. Reedy Variance application No. 335 as amended was GRANTED by the following roll call vote, to wit: ALL AYES. #338 1. GALIPO, Edward A. & Elizabeth L. 1815 W. Balboa Blvd. NB 2. Lot 23 Block 18 Section B Zone R -3 3. Posted January 73 1957 Published January 10, 1957 4. Construction of an additional unit without garage. 5. Present building site has no provision for garages except onto congested Balboa Blvd. It is intended to remove present building in the future and build garages adjacent to 20' alley. 6. DISCUSSION : Note findings. 7. FINDINGS This application was presented at the meeting of January 17, 1957 but do to the absence of applicant it was set over until this meeting. The Committee reported this area to be heavly congested and in line with policy previously established waiver of off - street parking could not be recommended. 8. On motion of Commissioner Ruddy seconded by Comm. Copeliny Variance application No. 338 was DENIED by the following roll call vote, to wit: ALL AYES #342 1. HAKES, Clifford & certain property owners Beacon Bay 2. Lots 1 thru 229 62 & 63 Beacon Bay 3. Posted February 11, 1957 Published February 14, 1957 4. The construction of awnings attached to the fronts of the houses but not extending further than six inches back from the front lines of said lots. 5. The direct rays of the sun damage furniture in the front rooms and seriously restrict the use and enjoyment of said rooms. 6. DISCUSSION Considerable discussion was held with Mr. Clifford Hakes, President of the Beacon Bay 0 • Page � 3 r VARIANCES 10 #342 (con'd from Page 2) Association. Commissioner Lind recommened that this application be set over until the next regular meeting and that in the interim t'-ie Beacon Bay Association submit information pertaining to the type of materials to be used for the awnings. It was recommended further that the Balboa Coves awning variance be used as an example. 7. Commissioner Smith moved the Commission hold this application over until the next regular meeting, seconded by Comm. Copelin, and carried by the following vote, to wits ALL AYES. #343 1. REEVES, Helen M. 212 43rd Street Newport Beach 2. Lot 7 Block 142 Canal Section Zone R -2 3. Posted February 11, 1957 Published February 14, 1957 4. Encroachment of 22' of second floor overhang into a required 5' rear yard setback. 5. It will require a larger building area for the second story enabling the increase in size of the apartment to more de- sirable living quarters. 6. DISCUSSION Note findings. 7. FINDINGS Policy established by the Commission permits second floor overhangs to encroach 50% of re- quired rear yard setbacks in certain areas. The Committee felt this request was in line with variances previously granted and recommended approval. 8 On motion of Commissioner Keene, seconded by Comm. Copelin, Variance application No. 343 was GRANTED by the following roll call vote, to wit: ALL AYES. 0 . Page VARIANCES #344 1. HARTGE, Henry E. & Hormen, J.P. 36ol,3603,36o5,36o7 Finley 2. Lots 1,2,3, & 4 Block 436 Canal Section Zone R -2 3: Posted February 11, 1957 Published February 14, 1957 4. Encroachment of 10' into a required 30' front yard setback. 5. An addition on a 25' lot out to the existing 30' setback (with a stairway up to the upstairs apartment, occupying valuable space) would make a rather small room to serve as the living and dining room. 6.. DISCUSSION Note findings. 7. FINDINGS The Committee in their report stated that policy previously established permits en- croachments up to 20' in lots along the waterfront, in the canal sections. The • block across the channel has a 20' setback and in view of no.protests being entered a recommendation of approval was made. 8. On motion of Commissioner Copelin, seconded by Comm. Smith, Variance application No. 344 was GRANTED by the following roll call vote, to wit: ALL AYES. 1. THE IRVINE CO 2. Block 94 USE PERMITS #290 1021 Bayside Drive Newport Beach Irvine's Subdivision Zone R -3 3. Posted January 79 1957 4. The construction of ten (10) single family motel units with covered carports for twelve (12) cars. This is an addition to the "Ken Niles Villa Marina ". 5, DISCUSSION : Note findings. 6, FINDINGS The building area is located in an R -3 District and under Section 9103.32 of Ordinance No. 635 a Use Permit is required for the construction_ of multiple dwellings. There being adequate square footage per unit as required under the Zoning Code, the Committee recommended approval. Use Permits . =290 (con'd from Page 4) 8. On motion of Commissioner Ruddy seconded by Comm. Copelin, Use Permit application No. 290 was GRA14TED by the following roll call vote, to wits ALL AYES. ;293 1. DO?JNING, Sam H. 1300 Coral Place Newport Beach 2. Lot 11 Tract 1220 Zone R -3 3. Posted February 119 1957. 4. Construction of five dwelling units on one (1) R -3 lot. 5. DISCUSSION Present at the meeting were a group of citzens residing in the neighborhood who voiced their objection to the application on the following basis: . 1. Play grounds are inadequate and over - crowded and there are no sidewalks. Therefore, children are forced into the streets to travel to and from school and to play. 2. Traffic around Union High School is congested and will become more so with further crowding. 3. Most residents in tract #f1220 are transients; there is a complete exchange of occupants every six months. These families contrubute little to this community as compared to permanent residentsof the Heights. 4. Parking is now at a premium because of congestion. The transients are parking in the streets and not in their garages. 5. Surrounding property values will be decreased by traffic congestion and overcrowding. 6. If permit is granted for Lot #11, subsequent permits for the remaining eleven similar lots in this tract (under option by applicant) cannot be denied. This would increase the number of families on these lots by 40 %., 9 L Page - 6 - Use Permits #293 (con'd from Page 5) 6, FINDINGS This lot, zoned R -3, permits three single family dwellings, one triplex or one duplex as defined under Section 9103.31 of Ordinance No. 635. Under Section 9103.32 the number of units may be in- creased subject to first securing a Use Permit. Section 9103.35 sets forth "For each family unit in any building or group of buildings, minimum of one thousand (1000) square feet." This lot has approximately 8,900 square feet. If this appli= cation is approved as submitted each unit would have 1,780 square feet of building site area or 780 square feet more than what the code requires. The interior lots in this tract contain an average of approximately 7,353 square feet. If three family units are built on these interior lots the average ground area would be approximately 29450 square feet per family unit. The Commission concludes that the ground area per family unit should not be materially reduced in this tract and the request for five (5) units on Lot # 11 is reasonable for the area. Permitting five (5) units on this lot would not set a precedent for the additional R -3 lots in this tract as this particular parcel is directly across from the elementary school and warrants consideration by its location. Each case must be considered on individual merits. 7. On motion of Commissioner Reed, seconded by Comm. Smith, Use Permit No. 293 was GRANTED by the following roll call vote, to wit: AYES Lind, Briggs, Rudd, Copelin & Reed NOES Hayton & Keene Commissioner Longmoor was absent. (Commissioner Hayton stated he was voting against this application because the traffic flow would be greatly in- creased and 'there being no sidewalks in this block it would force children into the street for travel to and from school and for play.) Page 7 • Use Permits #294 1. KNIGHT, Mrs. Itie K. 330 Montero Ave. Balboa 2. Lot 4 Block A Subdivision of Block A Zone R -3 3. Posted February 11, 1957. 4. An addition of a garage and apartment above to an existing non - conforming dwelling. 5. DISCUSSION Note findings. 6. FINDINGS The existing house is within 5161, of the front property line and District Map.. No. 10 requires a 9' setback. Under Section 9105.7 (g) of Ordinance No. 635 a Use Permit must be secured before any alterations or additions may be made. The Committee reported the new addition would greatly improve this property and would further provide better parking facilities. A recommendation • of approval was made.subject to the condition that the garage be usedfor the purpose of parking cars only. 7. On motion of Commissioner Rudd, seconded by Comm. Briggs, Use Permit application No. 294 was GRANTED subject to the above condition by the following roll call vote, to wit: ALL AYES. #295 1. CORN.4ELL, J.R. 5708 Seashore Drive Newport Beach 2. Lot 5 Block 57 Ocean Front Tract Zone R -2 3. Posted February 11, 1957. 4. Alterations to non - conforming garage. 5. DISCUSSION Note findings. 6. FINDINGS This garage is within 1' of rear property line. A 5' setback is reouired. Applicant wishes to extend garage to a depth of 21' and a width of 261. It was reported by the Committee that the garage as existing could not be utilized for garage purposes as it was too small. In permitting the applicant to build this addition it would take two more cars off the street. Page -8- • Use Permits #295 (con'd from Page 7) The Committee recommended approval subject to the condition that the garage be used for the purpose of parking cars only. 7. On motion of Commissioner Copelin, seconded by Comm. Smithy Use Permit No. 295 was GRANTED subject to the above condition, by the following roll call vote, to wit: ALL AYES. #296 1. ENRIGHT, Donald C: and Burton E. 104 Main St. Balboa 2. Lots 9,10,11 Block 12 Balboa Tract Zone C -1 3. Posted February 11, 1957. 4. The sale of beer at the above aCdress. 5. DISCUSSION : Note findings. • 6. FINDINGS : This property is within 200' of a residential district and Under Section 9105.1 (b), Ordinance No 635 a Use Permit is required before the sale of alcoholic beverages may be served. No protests were received and the Committee recommended approval stating in their report that this property is in an area where other similar establishments are in operation. 7. On motion of Commissioner Hayton, seconded by Comm. Rudd, Use Permit No. 296 was GRANTED by the following roll call_ vote, to wit:. ALL AYES. #297 1. JONATHAN, K. Jr., and UHLER, Lorene M. 318 Poinsettia Ave. 2. Lot 20 Block 243 Tract CDM Zone R -1 3. Posted February 11, 1957. 4. To construct an addition, consisting of a bedroom and bath- room to the present dwelling and attach the single car garage which is located two (2) feet from the northern lot boundry. • . Page - 9 - Use Permits #297 (con'd from Page 8) 5. DISCUSSION Note findings. 6. FINDINGS A Use Permit is required under Section 9105.7 (g) Ordinance No. 635 because a 3' side setback is required. The Committee in their report stated that the garage would be the only part of the construction which would violate the side yard setback. The new bedroom and bathroom would conform to the required 3' side setback. Additional living area is needed by the occupants and in view of no protests being received, a recommendation of approval was made. 7. On motion of Commissioner Reed, seconded by Comm. Hayton, Use Permit application No. 297 was GRANTED-by the following roll call vote, to wit: ALL AYES. #298 1. MITCHELL, Charles E. 311 Goldenrod Corona del Mar 2. N. 20' of Lot 11 S. 20' of Lot 13 Block 233 Tract CDM Zone R -2 3. Posted February 11, 1957. 4. Construction of garage which is to be an addition to a non- conforming dwelling. 5. DISCUSSION Note findings. 6. FINDINGS The dwelling to which the garage is to be attached is placed on one of the side property lines. A 3' setback is required. The approval of this application would take an additional car off the street. No protests were received and the Committee recommended the granting of this request subject to the condition that the garage be used for the pur- pose of car parking only. • 7. On motion of Commissioner Copelin, seconded by Comm. Reed, Use Permit application No. 298 was GRANTED subject to the above condition by the following roll call vote, to wit: ALL AYES. n U • 0 1. OGLE, Robert A. 3329 Newport Blvd 2. Lots 2- 3 -4 -5- (Portion) Block 432 0 Page - 10 - Use Pewits +299 Newport Beach Canal Section Zone C -1 3. Posted February 159 1957. 4, For use of Harbor Service Laundry & Dry Cleaners with no cleaning or laundry being done. 5. DISCUSSION . Note findings. 6. FINDINGS . A Use Permit is required in a C -1 District for the establishment of a laundry or dry cleaning establishment. There being no protests received, the Committee recommended approval subject to the condition that this property be used for no other purpose than a dry cleaning & laundry agency, pressing and for de- livery service. No cleaning of any type may be permitted. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit No. 299 was GRANTED by the following roll call vote, to wit: ALL AYES. ;/300 1. DAVIS, Karl Lynn 2668 Bayshoie Drive Newport Beach 2. Lot 1 Tract 2095 Zone Un lassified 3. Posted February 14, 1957• 4. The construction of a dwelling in.an "unclassified." district. DISCUSSION : Note findings. 6. FINDINGS . A Use Permit is required under Section 9103.81(a) of Ordinance No. 635 for donstruction of any type in an "unclassified" zone. Recom.:iendation of approval was made subject to the condition that the new dwelling conform to R -1 restrictions and requirements. 7. On motion. of Commissioner Keene, seconded by Comm. Copelin, Use Permit No. 300 was GRANTED subject to the above condition, by the following roll call vote, to wit: ALL AYES n u • Page - 11 - Use oern,,its 7/-301 1. LAidL, Richard D. 2529 Vista Baya Newport Beach 2. Lot 3 Tract 1159 Zone "Unclassified" 3. The construction of a single family dwelling in an unclassified zone. 4. DISCUSSION : Mr, Lane was present at this meeting and asked permission to address the Commission. He stated the Building Department had informed him a Use Permit must be secured before any construction could be approved in this area. In view of a motion being on file that no applications would be accepted later than 12:00 noon of the Friday proceeding the Planning Commission meeting, a Use Permit was not filed. Mr. Lane stated this resulted in an extreme hardship to him because of approval of his California Veteran's Loan,,which reo_uired the . beginning of construction within 30 days of the date of approval. Commissioner Hayton stated an exception could be made and suggested that an application be completed and submitted at this meeting. 5. FINDINGS An application for a Use Permit having been duly completed and filed with a fee of $10.00 it was recom =.tend that the same be approved subject to the condition that the new construction conform to R -1 requirements and restrictions. 6. On motion of Commissioner Hayton, seconded by Comm. Rudd, Use Permit application No. 301 was GRANTED subject to the above condition by the following roll call vote, to wit. ALL AYES. RESUBDIVISIONS 1.45 V 1. RANCHERS OIL CO. 2908 Ocean Blvd. Corona del Mar 2. Lots 4,5 & 6 Block 35 Zone R -1 . 3. Posted January 7, 1957. 4. Creation of two (2) building sites. 5. DISCUSSION This application was held over from the meeting of the Commission on January 17, 1957 so that further study could be made and an opinion obtained from our Planning n U • Page - 12 - RESUBDIVISIONS ,#'45 ( con' d from Page 11) Consultants, Hahn, wise and Associates. A communication was received from the Planning Consultants.dated January 249 1957 which set forth in part "':Je do not recommend approval of this request as it sets a difficult precedent (there are 352 blocks of similar alleys in your city) by allowing additional housing to front sub- standard sections of streets and would, in the future, create additional hazards of fire and police protection for the city. After being advised of the deciaion of Hahn, Wise and Associates the applicant submitted an amendment to his application requesting the resubdivision be considered on the basis of a 10' pedestrian easement in order to give Ocean Blvd. frontage. The Commission after lengthy discussion stated they would not favor the pedestrian ease- ment but would favor an amendment to the application showing a 15' parcel of land fronting on Ocean Blvd. t6'be made d -part of Parcel irl. The applicant :I stated he would like to study this matter further and would submit his reply to the Commission at its next meeting. 6. , On motion of Commissioner Briggs, seconded by Comm. Copelin, and carried9 the hearing on'Resu.bdivision application No. 45 was set over until the next meeting of the Planning Commission. 1. HORNSVELD9 Bert w46 2211 Laurel Place Newport Heights 2. Northwesterly 72' of the southeasterly 197' of the northeasterly. one -half of Lot 38. Newport Heights Zone R -1 3. Posted February 11, 1957. 4. Creation of two (2) building sites. • 5. DISCUSSION The Commission was advised that this parcel of land was within the new "Seaquist Annexation" and that the two lots would each have street frontage. • • • Page 13 Resubdivisions #46 (con'd from Page 12) 6. FINDINGS There being no protests received the Committee recommended approval. 7. On motion of Commissioner Copelin, seconded by Comm. Reed, Resubdivision application No. 46 was GRANTED by the following roll call vote, to wit: ALL AYES.. Commissioner Keene moved the Commission recommend the waiver of the filing of the final map, seconded by Comm. Rudd and carried by the following vote, ALL AYES. 1. GARTLER, Barbara Elizabeth 2. Lower portion of Lot D 3. Posted January 79 1957 AMENDMENTS #31 Avon St. & Riverside Ave. Tract 919 Zone R -3 Published January 10, 1957• 4. Rezone the lower portion of Lot D from an R -3 to a C -1 District. 5. The area is near a commercial zone and it is believed land could be better utilized. 6. DISCUSSION Received was a communication dated February 18, 1957 addressed to the Planing Commission signed by Mrs. Barbara E. Gartler requesting that her application for rezoning be withdrawn. Commissioner Hayton moved the Commission accept the applicant's request to withdraw her application and recommed . to the City Council that she be refunded fifty percent (50 %) of her filing fee of fifty (50) dollars., seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES. • . • Page - 14 - • AMENDMENTS 1. Second hearing on Resolution of Intention No 607 to zone the 016th Street Annexationtt from an unclassified district to an PI-1 -A District. 2. Lots 812''9 9129 913, 1013 and 1213. First addition to Newport Mesa Tract and Newport iiesa Tract. 3. Commissioner Rudd moved the Commission recommend to the City Council that the area known as the "16th Street Annexation" including lots 81229 9129 9139 1013, and 1213 be zoned Pi-1 -A, seconded by Comm. Copelin and carried by the following roll call vote, to wits ALL AYES< Two public hearings were held on this action by the Commission and no protests" were received. COMMUNICATIONS Presented to the Commission was a memorandum from the City Clerk - Treasurer dated February 14, 1957 submitting a copy of a letter from C. Lester Jones to the City Council regarding subdivision fee requirements. On motion of Commissioner Copelin, seconded by Comm. Rudd, and carried the communication was orderd filed and to be taken into consideration at the time the Subdivision Ordinance. is amended. . . . . . . . . . . . . .. . Forwarded to the Commission was ,a memorandum from the City Clerk submitting petitions in connection with proposed annexations in the "East Corridor" area. On motion of Commissioner Copelin, seconded by Comm. Hayton and carried, said petitions were ordered filed until such tune as th% oint meetings with the Costa mesa Planning Commission have been completed. . . . . . . . . . . . . . . . Read to the Commission was a memorandum from the City Manager, MIr. Robert Shelton, regarding a proposal by Mr. G.D. Buccola to develop "Central Avenue Property ". . The Commission expressed a desire to study this matter further and on motion of Commissioner Hayton, seconded by Comm. Rudd and carried a study session was set for February 28, 1957. _ 0 • Page -15 - Vice Chairman Lind, in the absence of Chairman Longmoor, appointed himself and Commissioner Keene as a coal ttee to make a study and submit a proposal of a "Swimming Pool Ordinance ". . . . . . . . . . . . . . . . . Nir. D.C. McAllister, representing the 11'estcliff Co, was present and requested permission to address the Commission.. He stated that due to an administrative error in their office certain additions on dwellings in Tract 3000 had encroached into the rear yard setback without a variance. He requested the Commission to grant the Building Department authority to proceed with inspections on these existing violations. The Commission stated they could not grant authority until such time as a formal application had been considered. It was suggested that a variance application be submitted so that this meeting could be adjourned until March 7, 1957 at which time consideration would be given to the addition on Lot No 52.only. The additional variances • would be heard at the meeting on March 21, 1957. . . . . . . . . . . . . . . . . On motion of Commissioner Hayton, seconded by Comm. Rudd, and carried, this meeting was adjoured until March 7, 1957 at 4 :00 P.M. at which time the a:.�plication of the West - cliff Co. and other matters could be heard. — Ray Y. Copelin Secretary 0