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HomeMy WebLinkAbout01/16/1958< MINUTES, REGULAR PLANNING COMMIS SION. MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA k Januar I6 1958 8 04 P M ROLL CALL Commissioners Present: Longmoor, Lind, Smith, Rudd, Hayton, Copelin, Keene & Sturtevant Commissioners Absent: Reed Minutes of the Adjourned Meeting of December 1.9, 1.957, -were on December 5, 1957, and the Regular Meeting approved as recorded on motion Of Commissioner Copelin, seconded by Commissioner Rudd, and carried. VAR ES 32 1. KIMBRELL, Illene S. 300 - 36th St., N.B. 2. Nally 50' of Lots 1 & 2 Section: Lake Zone R =2 3: Posted December 11, 1957 Published December 11, 1957 4: Encroachment of 6'' into a required rear yard setback of 101• 5. Due to limitation of size of lot (only 50' x 50'), consider this vital for attractiveness of building and necessary off- street parking. 6. DISCUSSION: Note findings 7. FINDINGS: This application was before the Commission at the Iasi regular meeting but action thereon was held over so that the applicant could submit amended plans. Amended plans are now on file and the Commission found and determined that the encroachment for an overhang,.-tor-be used as an additional covered parking space would not be detrimental to the 'general welfare of persons residing or working in the neighborhood. 8. On motion of Commissioner Rudd, seconded by Commissioner Copelin, Variance Application #432 was APPROVED as amended by the following roll call vote, to wit: ALL AYES #435 1. ASTOR, Mrs. Nancy 917 E. Balboa Blvd., Balboa 12• Lot 8 Block 14 Balboa Tract Zone R•�3 3. Posted January 8,. 2958 Published January 8, 1958 4. Waiver of square footage requirements for three dwelling units and waiver of requirements for covered car space. VARIANCES #435 can't 5,: See application. 6. DISCUSSION: Mr. Max Hurwitz, attorney for the applicant,. presented.oral . evidence as follows: "The property in question is a lob 30' x 90' which has 2,700 sq. ft. The width of the lot prohibits the parking of three cars as required by the zoning ordinance for the proposed three -unit dwelling. Mrs. Astor purchased:the property for a five -unit rental and has a business license from the City. The five -unit dwelling has been condemned by the Building Dept. and if she is not able to replace it by a three -unit dwelling, she will lose approx- imately $20,000." 7. FINDINGS: Commissioner Smith stated.that in his opinion, the Commission could not consider the request for waiver of off - street parking as the area is faced with a critical parking problem and that a car space should he provided for each proposed unit. Commissioner Smith recommended that the application be denied and that this property be limited to two dwellings with garage spaces for each unit. 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance Application IA435 was DENIED by the following roll call vote, to wit: ALL AYES #436 • 1. KRAMER, Jack J. 434 & 436 Carnation Ave., CdM 2. Lots 16 & 18 . Block 431 CdM Tract Zone R -2 3. Posted January 8, 1958 . Published January 8, 1958 4. Waiver of side yard setbacks on Lots 16 & 18, Block 431, CdM in order to construct three dwelling units. 5. With the present physical dimensions of Lot 18 and the setback allowed only a nine (9) foot wide dwelling could be built for length of 35 feet. This would not only be impractical but would look very bad - not in keeping with neighborhood. We are not asking for more units for area, but only to make it more practical, beautiful and saleable. 6. DISCUSSION: Note findings 7. FINDINGS:, The Committee in their report to the Commission stated that they had visited the property and that a portion of one of the lots had been sold off which would prohibit a unit on the front part thereof. The proposed plan to construct two units on the rear of the lot and one unit on the front of the two parcels was, in the opinion of the Committee, a good plan and would be an improvement to the neighborhood. 8. On motion of Commissioner Sturtevant and seconded by Comm. Hayton, Variance Application #436 was APPROVED by the following roll call vote: ALL AYES -2- 1. McCARTHY, Jack 2. Lots 3,4,5 except East 42' 3. Posted January 8, 1958 704 W. Ocean Front East Newport Published January 8, 1958 VARIANCES #437 Zone R -1 4. An encroachment of 3' into a required 10' rear yard setback in order to add to the present structure.. 5. Due to size of lot, it would be impossible to extend this building without the requested encroachment. 6. DISCUSSION: Note findings 7. FINDINGS: A report from the Committee revealed that this existing structure if increased in size would prohibit forever the establishment of a garage on the premises and because of this they would recommend denial. 8. On motion of Commissioner Copelin, seconded by Comm. Hayton, Variance Application #437 was DENIED by the following roll call vote, to wit: ALL AYES 1. MIRO -LIDO APARTMENTS, INC. 2. Lot 2 & Lots 3 except ELy 13' 3. Posted January 8, 1958 611 - 31st St., N.B. Tract 815 Published January 8, 1958 #438 Zone C -2 4. An encroachment of 10' into a required front yard setback of 20' and a 2' encroachment into a required 10' rear yard setback. It is further requested that the time limit under Section 9106.41 of the Municipal Code be extended from 6 to 18 months. 5. The property is in a C -2 area requiring no setbacks and has public roadways and /or waterways on both the front and rear yards. The limited depth of the property make the use of R -4 requirements economically unsound for this type of structure and development. 6. DISCUSSION: Note findings 7. FINDINGS: The Committee in their report stated that this is a C -2 District and that the setbacks have not been too closely confined to what is required for an R -4 occupancy. The shoreline is not a straight line and it seemed to the Committee that the setbacks asked for in the front or rear encroachment would not interfere with the view of any persons residing in the vicinity. B. On motion of Commissioner Lind, seconded by Comm. Copelin, Variance Application • #438 was approved with the condition that the request for an extension under Section 9106.41 of the Municipal Code be extended from six to eighteen months if found to be legal by the City Attorney, Said motion was carried by the following roll call vote, to wit: ALL AYES -3- VARIANCES #439 1. COMMUNITY METHODIST CHURCH OF BALBOA ISLAND 112 Agate, B. I. 2. Lot 31 Block 9 Section I Resub. of B.I. Zone C -1 3. Posted January 8, 1958 Published January 8, 1958 4. An encroachment of 14' into a required 20' front yard setback. 5. It would be inconsistent with the size and valuation of the lot to build smaller building with deeper setback for a one - family dwelling. 6. DISCUSSION: Note findings 7. FINDINGS: Since this proposed dwelling is to be constructed in a C -1 District, an automatic 20' front yard setback is required. The Committee stated that practically every building in the block was built up to the sidewalk and that the requested encroachment should be approved. . 8. On motion of Commissioner Keene, seconded by Comm. Lind, Variance Application #439 was APPROVED by the following roll call vote, to wit: ALL AYES #45 iSecond Hearing on Resolution of Intention #617 and Amendment #45 to amend Article IX (Zoning Regulations) of the Municipal Code of the City of Newport Beach. • A letter dated December 19, 1957, signed by Jack A. Beaver co -owner of Lots 10 and 11, Lancaster Addition, located on the south east corner of 29th and Lafayette Streets was read by the Secretary of the Commission. This letter protested the proposed amendment to the zoning ordinance prohibiting residential uses in an M -1 zone. Commissioner Longmoor discussed with the Commission the many difficulties which the Commission would be confronted with if residential uses were eliminated in M -1 zones. A very small percentage of land area in the City is now designated. M -1 and there are many residential dwellings existing which would become non- conforming if this amendment was approved. All new areas to be zoned as manufacturing districts will fall under the M -1 -A ordinance which specifically prohibits any residential uses. On motion of Commissioner Lind, seconded by Commissioner Copelin and carried, the proposed amendment regarding deletion of residential uses in M -1 Districts was withdrawn. -4- AMENDMENT 45 con't Chairman Longmoor thought it advisable to extend the hearings on the proposed amendments to the zoning ordinance to the February 20th meeting and that in the interim copies of the proposed amendments be forwarded to all interested civic organizations for their review and comments or suggestions if any. Commissioner Copelin moved the Commission set over the hearing on Amendment #45 to February 20, 1958, seconded by Commissioner Lind, and carried, by the following roll call vote, to wit: ALL AYES USE PERMITS #390 1. CAGNEY,- William 2. Approx. 3 acres. Between Newport Blvd., Balboa Blvd., 29th St., and and U 32nd Street: Zone 3. Posted January 6, 1958 4. The establishment of a retail shopping area including a market and various small business facilities. 5. DISCUSSION: Mr. Donald Harwood, attorney, represented the applicant and in his statements to the Commission requested that Use Permit Application #390 be amended by withdrawing therefrom all that property lying easterly of 30th St. The property referred to by Mr. Harwood is shown as "Parcel D" on the plans. Mr. Harwood • further requested that the time limit under Section 9106.41 be extended from six months to one year if found to be legal. 6. FINDINGS: The Commission after a full discussion with Mr. Cagney and his attorney found and determined that the establishment of a shopping center on the property described on this application with the exception of Parcel D would not be detrimental to the general welfare of persons residing or working in the area. Approval of the application was made subject to the following conditions: 1. That shopping center be located between 30th, 32nd, Newport Blvd. and Balboa Blvd. 2. That there be no improvements on that portion of land to be included on the future widening and development of 32nd St. between Newport Blvd. and Balboa Blvd. 3. Approve extension of time under Section 9106.41 of the Municipal Code from six months to one year if found to be legal. 4. Off- street parking must be established in accordance with C -1 -H formula. . 7. On motion of Commissioner Copelin, seconded by Comm. Smith, Use Permit #390 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES -5- USE PERMITS #391 1. McCARTHY, John E. 704 W. Ocean Front, Balboa T 2. Portion of Lots 3, 4, 5 Block 8 East Newport Tract Zone R -1 3. A seven -foot addition,. full width, of one story, to the rear of the present structure. 4. DISCUSSION: Note findings 5. FINDINGS: The Committee recommended disapproval of this application for the reason that if the 7' addition to the existing dwelling was permitted, it would forever prohibit the construction of a garage on the premises. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit #391 was DENIED by the following roll call vote, to wit: ALL AYES #392 1. FULKERSON, Blanche W. 1713 West Balboa Blvd., N.B. 2. Lot 23 Block 17 Section B Zone R -3 3. Permission to move the present house as indicated on the plot plan; forward • on the lot to enable us to build a 20' garage on the lot to the rear and add to the front of the present house. 4. DISCUSSION: Note findings 5. FINDINGS: The existing property has no provisions for off - street parking, but under the proposed addition a double garage will be provided. In view of this, the Committee recommended that the application be approved. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit #392 was APPROVED by the following roll call vote, to wit: ALL AYES #393 1. VAN AUSDALL, G. w. 2331 - 2nd Ave., CdM 2. Lots 17, 19, 21 Block 429 CdM Tract Zone R -2 3. The addition of a wash room 616" x 18' to the south end of existing detached garage. 4. DISCUSSION: Note findings USE PERMITS #393 - cont' • 5. FINDINGS: After considerable discussion with the applicant, the Committee recommended approval of this application, subject to the condition that simultaneously with the building of the wash room that the single garage which is 3' southerly of the proposed improvement be removed and replaced with a new one to be attached to the dwelling immediately in front which it presently serves. 6. On motion of Commissioner Hayton, seconded by Comm. Sturtevant, Use Permit #393 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #394 1. MIRO -LIDO APARTMENTS, INC. 611 - 31st St., N. B. 2. Lot 3 - Easterly 131. All of Lot 2 Tract 815 Zone C -2 3. Posted January 6, 1958 Published January 8, 1958 4. Construction of multi - storied apartment building 85' high with an elevator. shaft to extend 1316" above the upper top of the roof. It is further requested that the time limit under Section 9106.41 of the Municipal Code be extended from 6 to 18 months. • 5. DISCUSSION: The secretary of the Commission read a communication from the City Manager which set forth that according to a letter from the Board of Fire Underwriters there would not be any increase in the fire rates for the City of Newport Beach because of the height increase of this proposed building. 6. FINDINGS: The Committee was of the opinion that the request to increase the height of this building would not be detrimental to the general welfare of persons residing or working in the neigh- borhood and recommended approval of the application, subject to the following conditions:. is 1. That two garages be provided for each dwelling unit. 2. That the time limit under Section 9106.41 of the Municipal Code be extended from 6 to 18 months if found to be legal by the City Attorney. 7. On motion of Commissioner Lind, seconded by Comm. Keene, Use Permit #394 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES - 7- • • r1 U 1. JOHNSON & SON 2. Lots 14 thru 17 600 West Coast Highway, Newport Tract 1210 3. Display, sale and appurtenant uses of new and used cars. 4. DISCUSSION: Note findings USE PERMITS #395 Zone C -1 -H 5. FINDINGS: This is a renewal application and will involve the enlargement of the existing structure requiring more off - street parking. The applicant has complied with the C -1 -H formula and is in fact providing more parking space than required by the zoning code. The Committee recommended approval, subject to the condition that the use of the property cease on the same date as the expiration of the lease with the Irvine Co. 6. On motion of Commissioner Rudd, seconded by Comm. Smith, Use Permit #395 was APPROVED, subject to the above conditions,, by the following roll call vote, to wit: ALL AYES 1. KORNDER, Mrs. H. W. 2. Lot 48 #396 322 Alvarado Place Subdivision of Block A Zone R -3 3. Alteration and addition to existing non - conforming dwelling. 4. DISCUSSION: Note findings 5. FINDINGS: The Committee recommended approval of this application, subject to the condition that the proposed additions to the house be not less than 3' from the side line and that the bathroom be of a size that will tie the garage to the house by one -third of the width of the garage. 6. On motion of Commissioner Lind, seconded.by Comm. Rudd, Use Permit #396 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES 1. RETHERFORD, Robert A. 4323 W. Coast Highway #397 2. Adjacent to the westerly side of Balboa Cove Zone C -1 -H 3. The sale of skin diving equipment, small boats, Mercury outboard motors, marine paints and hardware. 4. DISCUSSION: Note findings -8- USE PERMITS #397 con't . 5. FINDINGS: The Committee recommended approval of this application, subject to the condition that parking spaces be maintained in accordance with the C -1 -H formula and that all operations be conducted within the building. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit #397 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES TRACTS #1645 Presented to the Planning Commission were copies of the Tentative Map of Tract 1645 being a proposed subdivision of a portion of Lots 159 and 164, Block 53 of Irvine Subdivision. The subdivision will have 85 lots which will be zoned R -1 -B. The Commission recommended approval of this map, subject to the following conditions: 1. The alignment of Warwick Lane should be revised to conform to the alignment of the street continuing to the North. • 2. The proposed drainage pattern for the tract should be indicated. 3. That portion of Warwick Lane adjacent to Tract 3031 be 36' in width and that the distance between curb and the property line be 7'. 4. All utilities must be installed underground. 5. That Item #3 contained in the letter from the Parks, Beaches, & Recreation Commission dated January 4, 1958, regarding subdivision fees be deleted. On motion of Commissioner Sturtevant, seconded by Comm. Smith, was APPROVED subject to the above conditions, by the following roll call vote, to wit: ALL AYES A D D I T I O N A L B U S I N E S S Submitted to the Commission was a copy of #3973 which was an application requesting oil and /or gas well and the production th district. This proposed dwelling site is Street and approximately 294 feet west of the closest point, west of Costa Mesa. Orange County Use Variance Application permission for the dwelling of one :refrom in a M -1 lite industrial located 700 sq.ft. south of Hamilton the east side of property line, at On motion of Commissioner Smith, seconded by Commissioner Rudd, and carried, the Commission recommended the approval of this application, subject to the same conditions imposed by the Orange County Board of Supervisors in the G. E. Kadane permit. WE y y 4 On motion of Commissioner Lind, seconded by Commissioner Copelin, Resolution of Intention #619 was adopted to hold two public hearings on the amendment of Sections 9250.4, 9251.4 and 9253.52 of Ordinance #650 (Subdivision Regulations). On motion of Commissioner Copelin, seconded by Commissioner Rudd, Resolution of Intention #620 was adopted for the purpose of holding one public hearing to establish building setback lines for the widening of 32nd St. between Balboa Blvd. and Newport Blvd. On motion of Commissioner Sturtevant, seconded by Commissioner Rudd, and carried, Chairman Longmoor was directed to write a letter of thanks to the City Council regarding the adoption of the Master Plan as submitted by the Planning Commission. The meeting was adjourned on motion of Commissioner Hayton, seconded by Commissioner.Copelin, and carried. Ray Y.'Copelin Secretary r� L E