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HomeMy WebLinkAbout11/21/1957MINUTES, PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA November 21, 1957 8:00 P.M. ROLL CALL Commissioners Present: Reed, Copelin, Keene, Longmoor, Smith Rudd, Lind, Hayton Commissioners Absent: Briggs Minutes of the meetings of October 17 and October 24, 1957, were approved on motion of Commissioner Copelin, seconded by Commissioner Hayton and carried. 1. FLANDERS, Mr. & Mrs. Norton B 2. Lot 17 Block 235 VARIANCES ',x416 3505 Marcus (315 - 34th) N. B. Lake Tract Zone R -2 3. Posted October 7, 1957 Published October 9, 1957 4. Encroachment of 11 into a required 34 side yard setback. 5• 35th Street is narrow and all parking is across the street, therefore, the most practical access would be on Marcus. 6. DISCUSSION: Mr. J. 14. McKenzie, representative of the applicant, addressed the Commission and stated that in his opinion the location of the garage facing Marcus would be a better plan, in view of Marcus Street being wider, which would enable the cars to back out of the garage without too much difficulty. He stated that 35th Street was narrower and would create a hazard if the garage was placed on that street. 7. FINDINGS: The Committee in their report to the Commission set forth that there was a 10, setback from 35th Street and in their opinion, it would be a better plan if the garages were placed on the lot so that egress and ingress could be made from 35th Street. It was further pointed out that on the west side of 35th Street, parking was prohibited which would not eliminate arky parking spaces by reasons of a curb cut. On the basis of above infor- mation, the Committee recommended denial of this application. 8. On motion of Commissioner Copelin, seconded by Comm. Hayton, Variance Application "x416 was DENIED by the following roll call vote, to wit: ALL AYES Page 2 VARIANCES • N18 1. CUNNINGHAPI, E. C. 3604 Ocean Blvd., Corona del Mar 2. Portion of Lots 6, 7 & 8 Block 142 Resub. of CMI Zone R -1 3. Posted November 139 1957 Published November 11, 1957 4. Encroachment of 5t into a required 10' rear yard setback. 5. This lot does not have a rear alley. The 100 requirement would materially affect available building site as there is a 250 front yard setback required. 6. DISCUSSION: I1rs. Cunningham addressed the Commission and stated that this variance was granted to her on April 25, 1955, but was revoked under Section 9106.41 of the Municipal Code on October 25, 1955• She stated that their plans were essentially the same with some minor alterations. The Commission after a discussion with Hrs. Cunningham stated that they would prefer to see the plans before giving further consideration to this request. Mrs. Cunningham left the Chambers and returned shortly there- after with the plans which she presented to the Commission for inspection. 7. FINDINGS: The Committee stated that the plans for the new dwelling had not materially changed since the application was granted on April 25, 1955, and recommended that the request be approved. 8. On motion of Commissioner Hayton, seconded by Comm. Reed, Variance Application 'X18 was APPROVED by the following roll call vote, to wit: ALL AYES 19 1. BAILEY, Lora W. 3400 Marcus N. B. 2. Lot 1 Block 334 Canal Section Zone R-2 3. Posted November 13, 1957 Published November ll, 1957 4. Construction of a carport on front half of lot. 5. The existing garage is for one car. It is too narrow to accommodate even one car. It is too short for a modern vehicle. Dimensions without moulding are 7' wide by 110 deep. • 6. DISCUSSION: Note findings 7. FINDINGS: After considerable discussion with the applicant, the Committee recommended approval of this application, subject to the following conditions: Page 3 VARIANCES . 19 don't 1. Garage must be 209 in width, 202 in depth; and must be made accessible and used for the purpose of a carport only. 2. An existing 61 fence which is in violation of the front yard setback must be brought into conformity with the zoning ordinance. 8. On motion of Commissioner Rudd, seconded by Comm. Copelin, Variance Application °419 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES 1. ITILIER, 0. S. 2. Lots 12 and 1/2 of Lot 13 3. Posted November 13, 1957 3207 Ocean Blvd. CUM Tract 1026 Published November 11, 1957 4. An encroachment of 41 into a required front yard setback of.101. #420 Zone R -1 • 5. Existing residence is situated on severely sloped site, with main level eight feet below street level. The topography of the property greatly limits its utilization when taking any consideration of the panoramic view. This addition is necessary to fulfill the owners living requirements. 6. DISCUSSION: Airs. Helen Randall, 210 Larkspur, spoke from the audience and stated that she objected to the variance as she believed it would set a precedent. She stated that if the Commission permitted the 41 encroachment, the next time anyone wanted a similar variance, it would be hard to deny. Mr. Bill Warneky, contractor, stated that a portion of the existing dwelling was below the street level and that the pro- posed addition would not project any higher. P;r. E. B. Elegar, 209 marguerite; and Lillian Lewis, 201 Larkspur, stated that they also objected to the variance if it would set a precedent; however, they would not object if the top most point of the roof would be below Ocean Blvd. 7. FINDINGS: The Committee stated that if this was a new dwelling and there was not an existing structure, they would not favor any encroach- ments into a required front yard setback. They felt that the proposed addition would not jeopardize the view of any persons in the area and recommended approval of this application, subject to the condition that the height of the new addition will not extend above the level of the present structure on the easterly side. 8. On motion of Commissioner Reed, seconded by Comm. Hayton, Variance Application #x420 was APPROVED, subject to the above condition, by the following roll tali vote, to wit: ALL AYES Page 4 VARIANCES #421 1. VOGEL, John & LaFONT, M. 314- 316 -318- 320 - 322 -324 N. Newport Blvd. 2. Lots 5 & 6 Tract 1136 Zone C -1 -H 3. Posted November 13, 1957 Published November 11, 1957 4. Waiver of off - street parking in a C -1 -H zone. Public parking lot approx- imately 100' from property. 5. Existing tract restrictions prohibit use of 40! of easterly portions of Lots 5 and 6, Tract 1136 for parking purposes. 6. DISCUSSION: Mr. John Vogel addressed the Commission and stated that when his building was erected parking was provided on Holmwood Drive, but that deed restrictions prohibited the portion of this lot for commercial purposes although it is zoned C -1 -H. He stated that there was parking available across the street and believed that his application should be approved on this basis. 7. FIIMINGS: The Committee in th©.r report to the Commission set forth that this entire area is becoming heavily congested and that in their opinion sufficient parking is not available for the near buildings across the street from Mr. Vogel °s property. .It was further set forth that when the building permit for Mr. Vogel °s building was issued a provision was made for 23 off- street parking spaces. In view of the trend for more commercial buildings in this'area and the lack of adequate parking, the Committee felt that the Conrd.ssion could not justifiably approve an application for waiver of off- street parking. It was further pointed out that sufficient hardship had not been shown to warrant consideration of a waiver of this type. 8. On motion of Commissioner Lind, seconded by Comm. Rudd, Variance Application '421 was DENIED by the following roll call vote, to wit.- ALL AYES Jr422 1. MACCO CORP. 1851 Sabrina Terrace CITd 2. Lot 2.19 Tract 2813 Zone R -1 3. Posted November 13, 1957 Published November 71, 1957 4. Detached garage in front half of lot. • 5. Subdivider wishes to maintain architectural design of development. 6. DISCUSSION: Note findings 7. FINDINGS: The Committee reported this request to be in keeping with arch- itectural design adopted by the subdivider for this tract and recommended approval. Page 5 VARIANCES • '#422 con't 8. On motion of Commissioner Reed, seconded by Comm. Hayton, Variance Application 'fi'422 was APPROVED by the following roll call vote, to wit: ALL AYES 1. JONES, Richard J. 2. Lot 4 310 and 312 N. Newport Blvd., N.B. Tract 1136 Zone C-1 -H 3. Posted November 13, 1957 Published November 11, 1957 4. Waiver of off -street parking in a C-1 -H zone. Public parking available within 1001 of property. 5. Existing tract restrictions prohibited use of 40' of easterly portion of this lot for parking Purposes. 6. DISCUSSION: Note findings 7. FINDINGS: The applicant was not present for the meeting and the Commission recommended denial of this application on the same basis as the . reasons set forth in Variance Application ;,421 submitted by Mr. John Vogel and and N. WIonte. 8. On motion of Commissioner Lind,.seconded by Comm. Smith, Variance Application #423 was DENIED by the following roll call vote, to wit: ALL AYES 1. HOUGHTON, L'Louise L. 518 West Bay, Balboa 2. Lot 126 -217 Subdivision of Block A Zone R -3 3. Posted November 13, 1957 Published November 11, 1957 4. Waiver of square foot requirements in order to build a third unit in a R-3 district. 5. It was originally intended to build 3 units on this property as shown in original drawings submitted for permit. The law has apparently been changed before owner was able to complete third unit. This property is an odd shape with abnormally long long street frontage which gives ample clearance around the building for air and light. 6. DISCUSSION: Aar. Bill Bence, 312 Buena Vista, addressed the Commission and • stated that he represented a number of people who had filed a petition in protest of this request for a third unit on an R -3 lot which does not have sufficient square footage as required by the zoning ordinance. He stated that the reasons for pro- testing were as follows: Page 6 VARIANCES • r424 con't 1. Parking and related congestion. 2. Property on which waiver is requested is of unusual shape which further limits usable area. 3. Present building is located immediately adjacent to neighboring structures which creates a fire hazard. 4. Considerable adjacent property is zoned R -1 district. 5. Property is considerably under required legal R-3 minimum square footage. 7. FINDINGS: The Committee upon investigation of the property found that sufficient space was not available to provide three garages which would be required under the zoning ordinance and that because of existing structures being closely constructed to this property, that a third unit would create a fire hazard' and should not be permitted. The Commission suggested that additional living quarters such as a bath and living room could be constructed on this property rather than the addition of a third unit. • 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance Application &24 was DENIED by the following roll call vote, to wit: ALL AYES #'25 1. NELSON, William K. 601 Poppy Ave., am 2. Lots 1 and 3 Block 643 0114 Tract Zone R -2 3. Posted November 13, 1957 Published November 11, 1957 4. Construction of a fourth dwelling unit on a building site in an R.2 district. Triplex dwelling is now existing on said parcel across the common property line between the two lots. 5. Two- thirds of lot is undeveloped and the proposed new dwelling will provide parking facilities for all units on property. 6. DISCUSSION: After considerable discussion with the applicant regarding the type of proposed structure on this property, the Commission suggested that the hearing on the application be set over until the next regular meeting in order that he could present a set of plans showing elevation and additional information to satisfy • the neighbors and Commission. 7. On motion of Commissioner Lind, seconded by Comm. Smith, Variance Application J;425 was set over until the next regular meeting. • • 1. BABSON, Edward J. 2. Lot 3 3. Posted Nov. 8, 1957 Page 7 Ai4EAIDi ENTS 487 horning Canyon Rd., CDM Tract 1237 Zone R-3-B Published Nov. 11, 1957 First Hearing 4. The petitioner desires to amend'Section 9104.13 of ordinance X635 so as to cause this property to fall within an R-4-B District. 5. DISCUSSION: Hr. H. E. Riley, 109 Via. Dijon, representative of the applicant, addressed the Commission and stated that if the Commission approved this application it would be the intent of the owner to submit a use permit requesting the approval of a medical building on said property. Hr. Allen Lorenz, 482, Horning Canyon Rd., advised the Commission that the construction of a medical building would have a great effect on his property as it is next door. lie stipulated that he would not be in favor of the rezoning until he knew what type of structure the medical building would be in respect to height, etc. He further stated that he would rather have a one -story medical building than a three -story apartment building. 6. On motion of Commissioner Hayton, seconded by Comm. Keene, and carried, Amendment §43 was set over until the meeting of December 19, 1957, for a second hearing. J144' 1. KARSTENS, Robert H. and other property owners Block 132 CM 2. Lots 1 to 18 inclusive, Block 132, Resubdivision of CDH Zone R-2 3. Posted November 8, 1957 Published November 11, 1957 First Hearing 4. The petitioner desires to amend Section 9103.2 of Ordinance ;x`635 so as to cause this property to fall within an R-3 district. 5. To increase residential potential in the area, a need readily indicated by proposed rapid developments both industrially and otherwise in this immed- iate area in the forseeable future. 6. DISCUSSION: Speaking in protest of this petition to rezone Block 132 in Corona del iiar from R-2 to R -3 District were: iirs. T. Duncan Stewart, 183 Shorecliff Road; airs. H. P. Cornelius, 2701 . Seaview Road; Dan Driscoll, 227 Goldenrod; Mr. & Mrs. C. H. Rehnborg, 2600 Ocean Blvd.; i,rs. Robert Rea, 248 Poppy. The protestors stated, among other things, the following: %. This is a followup to the granting of the Penny variance which in their opinion set a precedent. Page S AMENDMENTS • #44 con't 2. Property has been devalued because of.the 32 -unit apartment house to be erected on the Penny property. 3. It is believed the rezoning of this area will result in another situation like Balboa Island. We would like to prevent more people and more houses per capita per area. 4. This area is very congested now and will add to the existing traffic problems Mr. and Mrs. C H Rehnborg, owners of lots located in Block 132, stated to the Commission.that they opposed the zoning of this block from an R -1 to an R -2 and they definitely are opposed to the petition for an R -3 district. Mr. and Mrs. Robert H. Karstens, 213 Fernleaf, representing the property owners in Block 132, addressed the Commission and requested that the evidence to be presented on their behalf be set over until the next meeting for the reason that an attorney who has been employed to handle their case was taken ill and could not be present at this meeting. • 7. On motion of Commissioner Copelin, seconded by Comm. Smith, and carried, Amendment #44 was set over for a second hearing at the next regular meeting on December 19, 1957. RESUBDIVISIONS #60 1. HAMILTON, Warren W. & Jeannette K. 1301 Ocean Blvd., CDM 2. Lot SEly 90' Block 032 CDM Tract Zone R -1 3. Posted November 13, 1957 4 Creation of two building sites. 5. Lots in the area are of a much smaller size - 90' would be too large for one unit. 6. DISCUSSION: Note findings 7. FINDINGS: The Committee pointed out that the division of this property into two parcels would create sub - standard lots and would not • conform to the provisions of the subdivision ordinance On the basis of this information and after careful consideration of all the evidence on file, a recommendation of denial was rendered. 8. On motion of Commissioner Hayton, seconded by Comm. Copelin, Resubdivision Application #60 was DENIED by the following roll call vote, to.wit: ALL AYES Page 9 RESUBDIVISIONS 461 1. WAGNER, Charles D. Parcels 1 & 2, NW corner Balboa Blvd. & K Sts....Balboa 2 Parcels 1 & 2 Block 27 Eastside Addn. to Balboa Zone R -1 3. Posted November 13, 1957 4. Creation of two building sites as follows: Westerly lot to be 58 x 120 ft. instead of 50 x 120 ft. and Easterly lot to be 42 x 120 ft. instead of 50 x 120 ft. 5. This would make a more suitable division of the property. 6. DISCUSSION: Note findings 7. FINDINGS: These two large lots being created out of four small lots will conform to the provisions of the subdivision ordinance, there- fore, the Committee recommended approval of this application. S. On motion of Commissioner Keene, seconded by Commissioner Smith, and carried, Resubdivision Application #61 was APPROVED by the following roll call vote, to wit: ALL AYES On motion of Commissioner Keene, seconded.by Comm. Smith, and carried, • the filing of the final map was waived. USE PERMITS #378 1. HOYLE, Ralph L., Jr. and Jack 1501 E. 16th St., N.B. 2. Lot 148 Tract 1218 Zone: Unclassified 3. Posted October 7, 1957 4. Erection of a medical building. 5. DISCUSSION: Note findings 6. FINDINGS: This application was set over from the last meeting of the Planning Commission in order that the City Engineer could make a study to determine if the proposed plan for ingress and egress from 16th Street was satisfactory. The City Engineer has submitted to the Planning Commission a memorandum which states that the plans are satisfactory and that it was his understanding that in the grading of said . lot adequate site distance.to the north would be provided. The Commission recommended approval of the application, subject to the condition that off - street parking be required under the H formula in the present zoning ordinance. Page 10 Use Permits • #378 con't 7. On motion of Commissioner Keene, seconded by Comm. Smith, Use Permit #378 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #385 1. McAFEE, Mr. & Mrs. Hubert 420 Acacia Ave., CDM 2. Nally portion of Lots 2 & 4 Block 429 CDM Tract Zone R -2 3. Enclosure of an existing porch to a non - conforming dwelling. 4. DISCUSSION: Note findings 5. FINDINGS: The Committee recommended approval of this application and stated in their report to the Commission that the enclosure of an existing porch would not violate any setbacks. 6. On motion of Commissioner Reed, seconded by Comm. Rudd, Use Permit #385 was APPROVED by the following roll call vote, to wit: ALL AYES #386 • 1. WOLCOTT, Mr. & Mrs Charles 121 Turquoise Ave., B.I. 2. Lot 16 Block 13 B.I. Tract Zone R-1 3. Alteration and addition to non - conforming building. 4. DISCUSSION: Note findings 5. FINDINGS: The Committee recommended approval of this application, subject to the condition that the non - conforming side yard setback be not extended and that a 20 x 20' garage be established. 6. On motion of Commissioner Keene, seconded by Comm Lind, Use Permit #386 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES #387 1. JURGENS, Walter 119 - 39th St. N. B. 2. Lot 23 Block 39 River Section Zone R -2 • 3. Enclosure of a porch of sundeck which is to be used for a storage closet. 4. DISCUSSION: Note findings Page 11 USE PERMITS X6387 con't 5. FINDINGS: The Committee recommended approval of this application and stated in their report to the Commission that the non - conforming condition of this property would not be extended. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit X6387 was APPROVED by the following roll..call vote, to wit: ALL AYES ADDITI0NAA.L SUS I'!NE SS Submitted to the Planning Commission by the Planning Assistant was a communication from the Orange County Planning Commission together with a map showing proposed rezoning of the "East Corridor ". On motion of CO7mIissioner Hayton, seconded by Comm. Lind, the proposed zoning of the East Corridor as transmitted by the Orange County Planning Commission was endorsed by the following roll call vote, to wit: ALL AYES 40 On motion of Commissioner Hayton, seconded by Comm. Copelin,-and carried, a Resolution of Intention to hold public hearings on amendments to the zoning ordinance was adopted. The meeting was adjourned until December 5, 1957, at 8:00 P.M. so that a final hearing could be held on the Master Plan and to consider any additional business. Ray Y. p9pelin, Secretary 0