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Home My WebLink About01/17/1957MINUTES9 PLANNING COMMISSION MEETINGS JANUARY 17, 1957 7 :30 P.M. CITY HALL COUNCIL CHAMBERS NUfIPORT BLACH9 CALIFORNIA ROLL CALL COMMISSIONLRS PRESENT LIND, BRIGGS9 RUDD, LONGMOOR, KEENE & COPELIN COMMISSIONERS ABSENT REED & SMITH VARIANCES #332 1. CREAMER, Ruth 128 Opal Balboa Island 2. Lot 25 Block 11 Section 1 BI Zone R -2 3. Posted December 109 1956 Published December 13, 1956 4. Waiver of parking requirement under Section 9105.5 (a) 5. With remaining available space it is not possible to put in a livable unit without 4' on the setback or eliminating park- ing requirement. 6. DISCUSSION This application was considered at the meeting of December 20, 1956 and at the request of the app- licants representative no action was taken and a motion was made & carried to hold the application over so that it could be amended. An admendment was received which requested a 4' encroachment into a required 8' front yard setback. 7. FINDINGS The amended application requesting a 4' encroch- ment is a duplicate variance as shown in Variance Application No. 321 which was denied by the Commission on September 20, 1956. No new and material evidence has been submitted with the amended application, therefore the Committee recommended denial. 8. On motion of Commissioner Rudd, seconded by Comm. Copelin, Variance application No. 332 was DENIED by the following roll call vote, to wit: ALL AYES 9 Page - 2 - VARIANCES #333 1. WARREN, James 544 De Anza Drive Corona del Mar 2. Lot 87 Tract 1237 Zone R -1 -B 3. Posted January 79 1957 Published January 10, 1957 4. A 5' setback along De Sola Terrace and a 20' rearyard setback. 5. DISCUSSION The variance requested in this application was approved by the Commission on December 16, 1954 however under Section 9106.41 it expired on June 169 1955. The applicant is now asking for a renewal of said application. 6. FINDINGS There being no protests received, a recommendation of approval was made by the Committee. 7. On motion of Commissioner Hayton, seconded by Comm. Copelin, •. Variance application No. 333 was GRANTED by the following roll call vote, to wit: ALL AYES #334 1. AMERKHANIAN, Ruben 107 and 109 23rd Street Newport Beach 2. Lots 29 & 30 Block 23 Newport Beach Zone C -1. 3. Posted January 7, 1957 Published January 109 1957 4. An encroachment of 15' into a required 20' front yard setback. 5. Additional building area needed for proposed structure and also to conform with existing buildings on 23rd Street. 6. DISCUSSION Note finidngs. 7. FINDINGS The variance requested was approved by the Commission on June 21, 1956 but the application was revoked on December 21, 1956 per Section 9106.41 of Ordinance No. 635. The applicant is requesting a renewal of said application and since no protests were received the Committee • recommended approval. 8 On motion of Commissioner Copelin, seconded by Comm. Keene, Variance application No. 334 was GRANTED by the following roll call vote, to wit: ALL AYES E • 10 Page - 3 - 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 79 1957 Published January 109 1957 4. Extension of garage to N.E. property line using masonry wall construction and encroachment of 10' into required 20' front yard setback. 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 Considerable discussion was held regarding this application with Dr. H.L. McCullough, Corona del Mar, speaking against the garage extension. Commissioner Lind suggested the applicant amend his application and request extension of the garage to the S.E. property line to provide better utilization of the garage area. 7. Commission Lind moved the Commission hold this application over until next regular meeting so that same could be amended, seconded by Comm. Hayton and carried by the following vote, to wit: ALL AYES 1. INGRAM�:Robert H. & BUCK, Virgil 2. Lots 4 & 13' of 3 Tract 815 3. Posted January 7, 1957 #336 617 31st St. Newport Beach Zone C -2 Published January 109 1957 4. A swimming pool to encroach 10' into required 20' front setback. 5. To provide for more patio area. 6. DISCUSSION Note findings. 7. FINDINGS : The Committee reported that on September 20, 1956 the Commission approved a similar variance on-the adjoining lot. In the absence of any protests, a recommendation of approval was made. 8. On motion of Commissioner Lind, seconded by Comm. Briggs, Variance application No. 336 was GRANTED by the following roll call vote, to wit: ALL AYES • Page - 4 - VARIANCES #337 1. FISHBACK, Charles 1523 Dolphin Terrace Corona del Mar 2. Lot 16 Tract 2334 Zone R -1 3. Posted January 79 1957 Published January 109 1957 4.1 Construction of a swimming pool on front half of lot. 5. Due to topography of land, impossible to construct swimming pool on rear half of lot. 6. DISCUSSION Note findings. 7. FINDINGS A report from the Committee revealed that the variance requested is in line with policy already established permitting swimming pools on the front half of lots along Dolphin Terrace. Recom- mendation of approval was made subject to the condition that an.adequate fence be placed around the swimming pool. 8. On motion of Commissioner Lind, Seconded by Comm. Rudd, Variance application No. 337 was GRANTED,subject to the above condition, by the following roll call vote, to wit; ALL AYES #338 1. GALIPO, Edward A. & Elizabeth L. 1815 blest Balboa Blvd. NB 2. Lot 23 Block 18 Section B Zone R -3 3. Posted January 7, 1957 Published January 109 1957 4. Construction of 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 The applicant was not present and on motion of Commissioner Copelin, seconded by Comm. Briggs and carried, this application will be carried over for consideration at the next regular meeting. • 9 �I • • • Page - 5 - VARIANCES #339 1. NE14PORT SANDS CO. Tract 3162 2. Portion of Lot D Banning Tract Zone C -1 -H 3. Posted January 7, 1957 Published January 10, 1957 4. Detached garages on front half of lots 1 10 14,17,18,21,23, 26930,33935, 37 ,42,45,46,48,52,53,57,60,�3,�7 ,72,78 & 80'. 5.. While the street elevation of these houses is the legal front in terms of the ordinance, the design of the tract is such that the Estrada running down the middle of the block is actually the means of pedestrian circulation and the side to which the living areas of all the houses face. The houses for which this variance is requested are designed to provide a secondary sheltered play yard between the house and garage separated from both pedestrian and automobile traffic. 6. DISCUSSION Note findings. 7. FINDINGS t The Commission examined the plot plan submitted with the application and after a discussion there - of felt that the granting of the application would not materially affect adversely the health or safety of persons residing or working in the neighborhood. 8. On motion of Commissioner Lind, seconded by Comm. Copelin, Variance application No. 339 was GRANTED by the following roll call vote, to wit- ALL AYES. #340 1. NMJPORT SANDS CO. Tract 3162 2. Portion of Lot D Banning Tract Zone C -1 -H 3. Posted January 7,1957 Published January 10, 1957 4. To allow a five foot minimum front setback from the streets for all houses in the tract with the exception of lots 9,10, 459469 & 82. It is requested that on lots 9,10945,46 & 82 a zero (0) setback be established. 5. The reason for requesting this variance is that the actual "front" area of the houses, in all but four lots, is faced toward the Estrada or central walk and it is considered de- sireable to provide the maximum space possible where it will be most advantageous to the occupants. In the case of the five lots in which no setback is requested, four are corner lots at the ends of the property in which the streets converge 0 • Page - 6 - VARIANCES #340 (con'd from Page 5) to decrease the lot depths. These lots are accordingly widened to 50 feet or more and consequently the setbacks on the side streets range from thirteen (13) to fifteen (15) feet. In addition, on two of these lots the face of the house is at an angle to the street, touches the property line at one corner only, and is between five (5) and eight (8) feet back at the opposite corner. 6. DISCUSSION Note findings. 7. FINDINGS After an examination of the plot plan the Commission as a whole voiced the opinion that the granting of this application would not materially affect adversely the health or safety of persons residing or working in the neighborhood. • 8. On motion of Commissioner Copelin, seconded by Comm. Lind, Variance application No. 340 was GRANTED by the following roll call vote, to wit: ALL AYES. #341 1. JEWELL, Ward E. 2708 Shell St. & 2709 Cove St. CDM 2. Lots 4 ' 8 Block B33 Tract CDM Zone R -1 3. Posted January 7, 1957 Published January 10, 1957 4. A second floor overhang of 3' into 10' rear yard setback and a 3' roof overhang on 1st and 2nd floor of west elevation. 5. Additional rear yard overhang area is necessary to enable construction of a large enough home to conform to surrounding residences and to add to the value of the area in general. Roof overhang of 3' on west side (Bayfront) to improve architectural elevation and to provide adequate sun control on west elevation. 6. DISCUSSION Mr. M.S. Bernard spoke for and on behalf of the applicant. Presented to the Commission was a petition bearing eighteen (18) names. The • objectors cited the following reasons in oppos- ing this application: 1. Will be detrimental to the public health, welfare and property interests of objectors. • Page - 7 - VARIANCES #341 (con'd from Page 6) 2. It will permit an unwarranted crowding together of occupants and buildings. 3. That said variance, if granted, will tend to and will diminish the value of the investment of adjacent improved property and will generally be detrimental to the welfare of the neighbor- hood. 4. That the property owners who have purchased and improved their property adjacent to the lots for which the variance is requested, have a right to rely upon a continuation and enforcement of the existing zoning and object to any variation thereof, as requested or otherwise. • 7. FINDINGS Because of the small size of these lots and the congestion already existing in this area the Committee felt the requested variance would be detrimental to the public health, welfare and safety of persons residing in the neighbor- hood. NP 1. 2. On motion of Commissioner Hayton, seconded by Comm. Rudd, Variance application No. 341 was DENIED by the following roll call vote, to wit: ALL AYES USE PERMITS #289 URSCHEL, Eldon 401 Seaward Road Corona del Mar Lot 1 Tract 1237 Zone R -3 3. Posted January 7, 1957 4. Installation of neon lighting instead of flood lights on existing sign and permission to place sign on - front property line. 5. DISCUSSION : Note findings. • 6. FINDINGS Upon assurance from the applicant that if the neon lighting became a nuisance to persons residing in the neighborhood steps would be taken to correct the same, the Committee recommended approval subject Page -8- USE PERMITS #289 (con'd from Page 7) to the condition that no neon flashing lights be used. 7. On motion of Commissioner Hayton, seconded by Comm. Rudd, Use Permit No. 289 was APPROVED subject to the above condition by the following roll call vote, to wits ALL AYES. #290 1.. THE IRVINE CO. 1021 Bayside Drive 2., Block 94 Irvines 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. On motion of Commissioner Rudd, seconded by Comm. Keene, and carried, this application was set over to the next regular meeting due to the absence of the applicant.at this hearing. #291 1.. MANGEL, John J. 808-4. Ocean Front Balboa 2. Lot 26 Block 7 East Newport Zone R -1 3. Posted January 7, 1957• 4. Alteration of non - conforming building. Applicant desires to remove pitched roof from garage and replace with a flat deck to be attached to the main dwelling. The garage is now located on one of the side property lines. 5. DISCUSSION . Note findings. 6. FINDINGS The Committee upon investigation of the property found the dwelling to be non - conforming in at least four ways and felt that it should not be . increased in non - conformity by approving this request. If granted a severe fire hazard would • also be created. 7. On motion of Commissioner Briggs, seconded by Comm. Hayton, Use Permit No. 291 was DENIED by the following roll call vote, to wits ALL AYES. n u • • n u 1. PASADENA LAND CO. 2. Lot 25 3. Posted January 8, 1957. Tract 3'082 Tract 3082 �J Page - 9 - USE PERMITS 71292 Irvine Ave. Zone R -1 -B 4. Permission to place a temporary tract or real estate office on Lot 25 in Tract 3082. 5. DISCUSSION ; Note findings. 6. FINDINGS . A recommendation of approval of this application was made by the Committee subject to the condition that it be granted for a period of six (6) months only. 7. On motion of Commissioner Rudd, seconded by Comm. Hayton, Use Permit No. 292 was APPROVED,subject to the above condition, by the following roll call vote, to wit: ALL AYES. RESUBDIVISIONS #45 1.. RANCHERS OIL COMPANY 2908 Ocean Blvd. Corona del Mar 2. Lots 4,51 &+6 Block 35 Zone R -1 3. Posted January 7, 1957. 4. Creation of two (2) building sites. 5. DISCUSSION After considerable discussion by the Commission with the applicant and persons interested in this application Commissioner Copelin moved the Commission hold this request over for a 2nd hearing and that in the interim—an opinion be secured from our Planning Consultants, Hahn, wise and Associates, seconded by Comm. Rudd and carried by the following vote, to wit: ALL AYES.. 6. Commissioner Copelin moved the Commission set this application over for a 2nd Hearing, seconded by Comm. Rudd, and carried by the following vote, ALL AYES. #32 • 1. First hearing on Resolution of Intention No. 607 to zone the 1116th Street Street Annexation" from an unclassified district to an M -1 -A District. 2. Lots 812-j, 912,913,1013 and 1213. First addition to Newport Mesa Tract and Newport Mesa Tract. 3. There being no protests Commissioner Rudd moved the Commission set this matter over for a 2nd Hearing, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. r� L Page - 10 - • AMENDMENTS #31 1. GARTLER, Barbara Elizabeth Avon St. & River Ave. 2. Lower portion of Lot D Tract 919 Zone R -3 3. Posted January 77 1957 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. Commissioner Copelin moved the Commission set this application over for a 2nd Hearing, seconded by Comm. Rudd, and carried by the following vote, ALL AYES. #32 • 1. First hearing on Resolution of Intention No. 607 to zone the 1116th Street Street Annexation" from an unclassified district to an M -1 -A District. 2. Lots 812-j, 912,913,1013 and 1213. First addition to Newport Mesa Tract and Newport Mesa Tract. 3. There being no protests Commissioner Rudd moved the Commission set this matter over for a 2nd Hearing, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. r� L Page - 11 = TENTATIVE MAPS #3138 1. Reviewed by the Commission was the tentative map of Tract No. 3138 being a portion of Lot 104, Tract 300 as Per M.M. 14/11 -12 and a portion of Lot 153,Block 5 of Irvine's Sub- division. 2. Copies of the tentative map were submitted to the following departments prior to this meeting and reports from them are on file : Parks, Beaches and Recreation Commission - Fire Department - .Police Department - City Engineer - Street Department - Planning Staff. 3. Commissioner Copelin moved the Commission approve the tentative map of Tract No. 3138 subject to the following conditions, seconded by Comm. Rudd and carried by the following roll call vote, to wit ALL AYES. (Commissioner Keene stated he wished to go on record that he would vote for all the conditions as set forth, however he did not favor the $30.00 per lot assesment.) CONDITIONS 1. That Lot #8 include 22 feet of land area extending to Twenty Third street to provide street frontage and access to Twenty -Third street. 2. That the parcel designated on the tentative map as "not a part of this subdivision" be changed so . as to be included in this subdivision. Also that access to this parcel be provided from the cul -de -sac designated as street "A" by an access street at least twenty (20) feet in width. The final map must show this provision. 3. That subdivider agrees to pay to the City of Newport Beach a fee of 00-00 per lot for park purposes as re- quested by the Parks, Beaches and Recreation Commission in its official action filed with the Planning Commission in behalf of this application. 4. That subdivider provide tree planting within tract in accordance with recommendations of Parks, Beaches and Recreation Commission per its letter of January 16, 1957 or any changes mutually agreed upon. . . . . . . . . . . . . . Business at hand being declared completed the meeting was R° adjourned on motion of Commissioner Copelin, seconded by Comm. Hayton and carried'. 11__ . Ray Y. Copelin Secretary