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HomeMy WebLinkAbout08/18/1955164 Application of Tom. W. Henderson to permit an increased overhang 6n the V - #242 roof of a garage opening of a proposed dwelling in the Irvine Terracd Tract, Lot 11, Tract 2334, and located at 1429 Dolphin Terrace. Henderson, Tom NOTES: Existing ordinance permits a 2 foot 6 inch overhang into the sideyard areas. However, in a good many instances 3 foot overhangs GRANTED have been permitted. And this is true of the adjoin�ng properties. In applying for this variance the applicant is seeking additional shelter from the weather and to improve the design. It is felt that this would result in no adverse effects upon the neighbors. 7 L MINUTES PLANNING COMMISSION MEETING, THURSDAY, AUGUST 18, 1955 8.00 F.M. CITY HALL COUNCIL CHAMBERS Commissioners present: Lind, Keene, Smith, Rudd, Rand, Hayton, Copelin, Longmoor Commissioners absent: . Briggs MINUTES: Minutes of the meeting of July 21st were amended to incorporate "corrections of votes" as recorded, and herein noted, and approved as transmitted. Motion for approval was by Com. Reed, seconded by Com. Copelin, and carried. Continued from the July 21st meeting. Application of Ruth V. and Victor VARIANCES' H. Gunderson to allow an existing garage to be converted to a third apart- ment unit on a C -1 District lot 301 % 85' and containing 2550 sq. feet. V - #235 Building is now non - conforming as to side setbacks and is lacking in garage facilities. The address is 124 Agate Ave.,Balboa Island. Gunderson, NOTES: Adequate parking area is available for three cars in addition to Ruth V. & the rear.garyge area now btng used for sleeping purposes. The applicant Victor H. feels the present usage would not be detrimental to this C_1 Block as it has now developed. It was also stated by the applicant that adequate income could not be derived from the property for proper maintenance, DENIED were he denied the privilege of using the garage area for week -end sleeping purposes. FINDINGS: On investigation the Committee found the Gunderson residence in violation as to minimum square footage requirement. Lack of garages, and failure to secure a use permit for operation, were also sighted. Com. Keene moved that the application be DENIED, seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES. (2nd hearing -f Application of Donald W. Ayres to allow a proposed addition to an V - #241 existing garage accessory building extending 4 feet and 6 inches into the rearyard setback which faces a ten foot alley. The property is Ayres, Donald located at 609 W. Balboa Blvd. W. NOTES: Mr. Ayres has subnitted new plans to the Commission which show a distance of 5 feet and 3 feet 6 inches respectively between allayline GRANTED and buildings. The old sketch submitted to the Commission at the July 21st meeting showed an 81 5" distance between buildings. FINDINGS: Mr. Ayres new dimensional proposals were accepted by the Commission as probably the most suitable design which could be submitted to care for his problem. There will be one foot variance permitted between dwelling and accessory building. Namely five feet in place of the required six foot separation. The accessory building shall be 17' in depth, and 221 in width. Com. Lind moved that the application be granted, seconded by Com. Smith, and carried by the following roll call vote, to -wit: ALL AYES Application of Tom. W. Henderson to permit an increased overhang 6n the V - #242 roof of a garage opening of a proposed dwelling in the Irvine Terracd Tract, Lot 11, Tract 2334, and located at 1429 Dolphin Terrace. Henderson, Tom NOTES: Existing ordinance permits a 2 foot 6 inch overhang into the sideyard areas. However, in a good many instances 3 foot overhangs GRANTED have been permitted. And this is true of the adjoin�ng properties. In applying for this variance the applicant is seeking additional shelter from the weather and to improve the design. It is felt that this would result in no adverse effects upon the neighbors. 7 L 1165 Mr. Lind, representing Mr. Henderson, explained a need for additional . pro #ection from the elements, and conformity of the design to existing structures in the immediate vicinity. The Commission concurred with the applicant's views. Com. Copelin moved the Commission recommend this application be Granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wits ALL AYES Application of Clair and Zernie Claxton of 127 - 42nd St., Neyort Beach for permission to construct a two car garage accessory building 24 ft. X 21 feet deep on the rear portion of vacantoorner lot. The front set- V - #243 back would be 57 feet and the sideyard setback 3 feet. The proposed rearyard setback would be 12 feet from the center of the ten foot alley. Claxton, The garage will be used in conjunction with the two unit dwelling Claire & adjacent. The applicant has also requested exception be made to the Zernie 4 foot fence now in existence in the front of the property. Located on Lot 15, Block 42, River Section. NOTES: The applicant mentioned variances enjoyed by other residents of continued the area, which are of an identical nature. The garage is needed to house a tenant's car, a utility trailer, and other household necessities. Personal possessions are accumulating in a manner creating an unsightly condition. It is believed the.proposed structure will prove beneficial -to the neighborhood. FINDINGS: The Commission heard of violations existing prior to 1946, and which Mr. and Mrs. Claxton failed to correct. It was stated, if these violations still existing were brought to conformity with our existing zoning laws Mrs. Claxton would in all probability be granted her request for a variance. Mrs. Claxton however refused. The matter was continued until the Commission's next meeting, and the City Attorney's office was directed to give a ruling on the existing violations, namely: front porch protruding six feet into front yard setback. Patio roof erectdd without a building permit. Front fence in excess of permitted three feet. Roof erected on fence along the rear- yard of property. Com. Copelin moved that this matter be continued until next Planning Commission meeting, seconded by Com. Smith, and carried by the following voice vote, ALL AYES Application of J. N. Goode of 1305 Way Lane, Corona del Mar, to permit a rearyard variance of 4 feet plus a 2 foot eaves, which shall extend V - #244 into the required ten foot rear setback. Property located on Lot 10, Block A -32, Corona del Mar. This request is for the second story only, Goode, J. N. of the proposed dwelling. The applicant also requests a ruling on the 10' front setback, maintained by many other buildings on the street. The alley is now called a street and would thus be assigned a front setback. GRANTED NOTES: The owner desires a. somewhat elaborate home commensurate with the i value of-the property and neighboring structures. He feels the dimensions of the land are such, that he would encounter hardships were the required setbacks adhered to. FINDINGS: Mr. D. G. Hoyt representing Mr. Goode, stated the building site was of so small a dimensional area that it would be quite impossible to develop the land in accord with the desirable trend of the neighborhood, ' if more floor area were not incorporated into the plans for the second floor of the proposed dwelling. After some discussion the Commission created a two and one -half foot, frontyard setback for this alley which is now re- garded as a street. It was agreed that no eaves or overhang shall be built in a manner that would encrouch upon public thoroughfare or right -of -way.' 66 Vse Permits U.P. - #186 Harbor Engineer- ing Co. Inc. GRANTED U.P. - #187 Lieb, John F. (LaFiests Mfgr.) GRANTED The Commission felt the variance of a four foot overhang into the rearyard of the second story of the home would loan itself to the topography of this area, and concurred with the applicant's request. Com. Hayton moved that the application be granted, seconded by Com. Smith, and carried by the following roll call vote, to -wit: ALL AYES Application of the Harbor Engineering Co., Inc. (Mr. R. T. Cook,, President) to permit light machine shop work in the development and experimentation of small electronic assemblies., at 30* Marine Ave., Balboa Island, in a C-1 District, Lot 22 Blk. 14, Sec. 4. NOTES: The applicant states their primary business will be engineering and development of electro- mechanical devices of the electric relay type. Models are being and have been made, using small bench mach- inery (hand and power): There will be no assembly production at this address, and 3 to 4 persons will normally be employed. There will not be over 20 persons employed at any time. FINDINGS: After some discussion on the definition of 'Handicraft uses' as permitted in a C -1 area under our code, the Commission concurred with the applicant's views. Com. Keene moved the Commission grant this application, seconded by Com. Copelin, and carried by the follow ing roll call vote, to -wits ALL AYES Application of John F. Lieb (La Fiesta Dress Manufacturers, Inc.) to permit the operation of a custom ladie's dress manufacturing and alteration shop, located on Lot 2, Block 11, Section 4, Balboa Island, 302- Marine Ave, in a C -1 District. NOTES: The applicant has been operating power sewing machines at the above address for 5 years. He feels the operation works as an asset for the community, and states four employees are the maximum hired by the company. FINDINGS: The Commission found conditions to be similar to those . existing for the Harbor Engineering Co., both operations being in the same building. Com. Reed moved that the application be granted, seconded by Com. Keene, and carried by the following roll call vote., to -wit: ALL AYES Application of Leroy E. Fay to permit four units on an R-3 lot, U.P. - #188 located at 217 Carnation Ave., in Corona del Mar. NOTES: The building site is on a bluff lot overlooking the bay, Fay, Leroy E. and is adjacent to a similar multiple dwelling design. FINDINGS: Several neighbors were present and spoke in opposition BENIED i to the project, sighting parking problems, The Committee reported a severe car port design which should be regarded as inadequate. The design of the dwelling structure appeared to be four stories in height and excessive in that respect. Com. Reed moved that the application be denied, seconded by Com. Smith, and carried by the following roll call vote, to -wit: ALL AYES J Application of N. Lindberg of 613 Orchid Ave. to permit a combined laundry and toolhouse, in the rear of a building site containing two dwellings, in separate structures. The accessory building shall be ' attached to the rear structure, located in an R-2 district.. NOTES: The applicant claims insufficient storage area. The site does not:-now contain garages, and is at present non - conforming. FINDINGS: The Committee reported a definite need for garage storage facilities and directed the applicant to amend his request so that garage space is included in the plot plans. The Building Department will cooperate with Mr. Lindberg in developing a suitable plan. Com. Lind moved that this application be continued for further study, seconded by Com. Hayton, and carried by the following voice vote, ALL AYES 167 E 2 Lindberg, N. Application of David I. Nielsen of 401 Holmwood Ave. and 412 Westminster Ave., for permission to conduct a no fee parking lot in connection with his medical practice. The parking area on Holmwood would make use of the rear 20 feet of the lot. Located on Lots 20 & 35, Tract 1136, in an R-1 District. NOTES: The applicant feels.this:.:free' parking- service,voul& —be'an added convenence`'for the benefit'.of the people "•of Newport Beach. FINDINGS: Doctor Nielsen explained his.need for '.addltional.parking area, . on the new site'he wishes to develop. The Commission concurred with.the applicant's views. Com. Copelin moved that:the application be granted, seconded by Com. Hayton, and carried by the following roll call vote, to -wit: ALL AYES ' Application of Stevechris Homes and Stanley A. Ahlman to resubdivide a parcel of land consisting of Lot 8, Block 47, River Section, into two building sites. NOTES: These lots will face River Ave. and the Southern Pacific Railroad right -of -way, respectively. A 20' private easement shall be granted across the rear portion of each building site, this for ingress and egress from 47th St. The Commission has granted similar privileges continued U.P. - #190 Nielsen, Dr. David I. GRANTED RESUBDLVISIONS for the remainder of the block. FINDINGS: The Committee explained to the Commission that this was just a means of filling out the block as previously planned. Com. Lind moved that the application be granted, seconded by Com. Copelin and carried by the following roll call vote, to -wit: ALL AYES Stevechris Homes, Adman, Stan- ley Letter requesting the selection of a name for the street bordering Stevechris Homes subdivisions, and facing the Pacific Electrict right- Name for of-may. The names suggested: street bordering. 1. Channel Drive Stevechris Homes 2. Pismo Drive 3. Frontier Drive "Frontier Drive" FINDINGS: The Commission found the first two name proposals were not suitable for obvious reasons, and chose FRONTIER DRIVE. Adopted Com. Hayton moved that the Commission recommend the passing of a resolution naming this public thoroughfare Frontier Drive, seconded by Mom. Smith and carried by the following vote, to -wit: ALL AYES 168 Resubdivision #17 Regan, Geo. E. Approved Application of George E. Regan, to permit the resubdiviaion of the formerly established lots 1 and 2, Block 12, Tract #27, in order to make four building sites of these parcels. NOTES: Mr. Regan has been before theCommission on a prior date concerning the legality of these building sites. He has undertaken the preliminary steps of securing the adequate square footage, and the application of Edna J. Jones, owner of building site #40 in order to secure Commission approval. FINDINGS: The Commission found this application to be in accord with their wishes to legally subdivide and legalize the building sites of the whole of Block 12 in Tract 27. Com. Copelin moved that the. Commission recommend the granting of this application,.seconded by Com. Hayton, and carried by the following roll call vote, to -wit: ALL AYES Letter from Howard Failor realtor, seeking permission from the Commission Letter from Howardunder Section 9104.21, (bj to allow parking in the Municiple parking lot Failor, request- adjacent to the building and Rendezvous Ballroom. The address is 514 ing use of East Palm Ave., Balboa, and called the Ruby Building. part of Ealboa FINDINGS: The Commission stated its inability to grant Mr. Tailor, Parking lot. new purchaser, the privilege of reserved parking in the City's municipal parking lot. It could, however, and would permit tenants of the 7I L Proposed Resolution #594,(set over from the July 21st, 1955 meeting) Res. #594 Proposal to amend the Zoning from an R-2 district to an R-3 district on Lots 1 and 2, Block 5, East Newport Tract. Amendment #13 NOTES: Variance #227 was granted to Terry C. Bennett to allow a parcel consisting of the westerly 30 feet of Lots 1 and 2. Block 5, Approved East Newport Tract, to be recognized as a legal building site. This is in an R-2 district, and on the condition that it be used for a Rezone from single family dwelling residence only. It was considered desirable R,-2 to R-3 to limit the property to this use by ordinance and District mapping. Lots 1 & 21 The parcel has 1800 square feet and Rr3 would require 1000 sq. feet Block 5, of building site area per unit. Thus limitation would be by size of E. Npt. Tract the lot. FINDINGS: The Commission, after reviewing various methods of con - tvolling this situatiom -.felt this was the best method of handling this situation. Com. Copelin moved that the Commission recommend the adoption of this resolution as drawn, seconded by Com. Lind, and carried by the following roll call vote, to -wit: _ ALL AYES Proposed Resolution #595 -(Set over from July 21st, 1955 meeting.) Res. #595 Section 9107.27 of the City of Newport Beach Municiple Code defines a garage space. And it is desired to amend the section by adding the Amendment #14 following words: "Any such garage spaces to be located on the front half of a lot shall have side walls, a roof, and an operating garage requirements door for the access of autabobiles', for garages FINDINGS: After some discussion of garage storage problems in this on front half of area it was agreed that this amendment would suffice for the time being, lots. however in the near future the Commission feels it should recommend the code be changed to read a 91 or 101 width should be required for garage Adopted dimensions. Com. Copelin moved that the Commission adopt this resolution as drawn, seconded by Com. Budd, and carried by the following roll call vote, to -wit: ALL AYES Letter from Howard Failor realtor, seeking permission from the Commission Letter from Howardunder Section 9104.21, (bj to allow parking in the Municiple parking lot Failor, request- adjacent to the building and Rendezvous Ballroom. The address is 514 ing use of East Palm Ave., Balboa, and called the Ruby Building. part of Ealboa FINDINGS: The Commission stated its inability to grant Mr. Tailor, Parking lot. new purchaser, the privilege of reserved parking in the City's municipal parking lot. It could, however, and would permit tenants of the 7I L 1691, building to use the parking lot. The C -1 area, as such, does not require parking facilities. However, the apartments on the second floor do require a variance, if the parking requirements are waived. The building department ' records show a permit #9485, issued for this structure on April 8th, 1948. and Permit #3.0727, issued on June 17th, 1949. The building was never com- plated. The Failor was instructed to hand in new building permit appli- cation, so that he might secure a ruling. The City Attorney was sent a copy of this communication. Ztell Woman's Club (unofficial) request for an opinion from the Commission on off - street parking requirements for their proposed new auditorium, Unofficial at 6th and Balboa Blvd. request of. FINDINGS: Chairman Longmoor felt the erection of this new structure Ebell Club might hasten Ocean Front parking as called for in the Master Plan, of 1953, which in turn might expedite the plan's adoption. Other recom- mendations offered were to exchange the land for more suitable sites., Letter from Attorney Soden concerning Harbor Highlands, and referred to the Commission by the City Council. This matter was in regard to the .. Letter from annexation of the Highlands, and requested by residents of interest. Harbor Highlands FINDINGS: City Engineer Webb defined the area in question and exhibited requesting the correspondence of seventy petitioners requesting annexation. There annexation was no opposition present. Com. Hayton moved that the Commission go on record as approving the Approved annexation of this area, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES ' Business at hand being declared completed, the Commission meeting was adjourned on motion of Com. Lind, seconded by Can. Hayton, and carried. Ray Copelin Sec etary