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Home My WebLink About01/19/1938I, " JANUARY 19, 1938. THE NEWPORT BEACH CITY PLANNING COI,MU SSION met regular session Wednesday, January 19, 1938 at 7:30 P.M. in the Council Chambers, City Hall. Chairman Hopkins presiding. Meeting was called to order by the Chairman. in 1 ROLL CALL - Commissioners present: Hopkins,- Seager, Briggs, Schnitker, Williams, Whitson, Patterson, Findlay. Commissioners absent: None. City Attny. Thompson, Bldg. In sp. Nelson and Mr. Sampson, representing Fr. Tilton, Attended. The Secretary stated that this was a regular meeting. 11f1INUTES Chairman stated that there were minutes of three previous meetings to consider. He asked what the pleasure of the Commission was regarding these minutes. Comm. Briggs moved that the minutes of meetings held December 15th, December 22nd, and 29th, 1937, • be approved as written. Seconded by Schnitker. Motion carried. SPECIAL BUSINESS APPLICATION FOR VARIANCES Application of Lew H. Wallace, owner of Lot 48 and southerly 7ft. of lot 47, Subdivision of Block A, East Newport, for a 100' rear yard var- iance and a 100% side yard variance was read by the secretary. Chairman asked the Secretary if the application had been properly advertised, the map and plans and notices posted and surround- ing property owners notified. Secretary replied .; that they had. T "r. Wallace presented an addition al map for examination by the Commission showing the set -back of all buildings in the block. Corn. Schnitker said that he had inspected the property and that as the majority of the build - ings- facing on the alley are right on the line, he sees no objection to allowing the variances. Chairman Hopkins said that the Commission has •no power to grant a 100° rear -yard variance, but he thought they should be able to make exceptions when the area is old and built up. Examination of the map showed 14 buildings in the block set on the rear lot lines. i I Commissioners Seager, Briggs, Patterson and Hopkins reported they had all visited the lots in question. Chairman inquired if there was anyone present objecting to these variances. • No one objected. Comm. Whitson saw no objection to granting the variances in this case. Comm. Patterson said the only objection would be that if the city widened the alley it would be betterto have the same set -back on all build- ings. He thought that this 'same problem would come up often and the best way to handle it would be to repeal the present ordinance and establish set -back lines for each block. Mr. Wallace assured the commission that none of the adjoining property owners objected to his building his garage on the lot line and that he could not build without the 100% variance. A 50% variance would leave 22 ft. which would be valueless to him. Attny. Thompson advised the commission that the 100% side yard variance could be.granted as it is for a dwelling; if the alley were 20 ft. wide a 100% rear yard variance could be granted but under the present circumstances the most that could be granted would be a 50% variance. The only way to grant a 100% rear -yard variance would be to amend the ordinance or repeal the ordinance and establish set back lines by indiv- idual blocks. Mr.. Wallace inquired how long that procedurb would take. He was advised that it would take at least 2 months. Mr. Sampson stated that the courts had held that after the first reading o£ "a law it is "imminent" and you may proceed as though it were in effect. Comm. Patterson moved that Resolution No.112 be ado ted recommending to the City Council that a 100% side yard variance and 'a 50% rear yard variance be granted to Lew H. Wallace on Lot 48, and thes`onthzxly 7 ft. of lot 47, Subdivision of Block A, East Newport and that the same be transmitted to the City Council by the Secretary and a copy be filed as a part of the minutes of this meeting. Seconded by Comm. Schnitker. Passed by the following roll call vote: • Yes: Hopkins, Seager, Briggs, Schnitker, Williams, Whitson, Patterson, Findlay. No: None. So ordered by the Chairman. Mr. Wallace thanked the commission for their efforts in his behalf. 0 0 Attny. Thompson suggested that Ordinance 440 be amended so as to provides that "on alleys built up within 2 ft. of the property line and areas 'so built up by more than 50% in any block that the rear yard variance herein required shall not apply." Chairman Hopkins thought it Mr. Tilton is present to advise on this action. Comm. Briggs moved to defer Tilton is present on January 26 Mrs. Williams. Motion carried. the Chairman. best to wait until the Commission action until Mr. Seconded by So ordered by C O" 171 JNI CAT IONS Secretary read a letter from ',7.S.Smith,Jr. apply- ing for permission to construct and maintain a shooting gallery at Washington and Edgewater Sts., Balboa. Chairman stated that to grants a permit for a shooting gallery would require an amendment to the Ordinance as it states specifically that shooting galleries are prohibited. However there should be no objection to a well regulated rifle range if the proper safe guards are taken;, asked if the ordinance could not be amended so that under certain regulations it could be allowed. Comm. Schnitker thought the proper place for such a concession is in a C- l,zone, there would be no complaints if they were kept in the Fun Zone. The ordinance should be amended so that the Plan- ning Commission could have discression in the matter of regulations and granting of permits. Comm. Briggs said he did not know -how you could frame an ordinance so that it could be left to the discression of the Planning Commission. He thought it would come under the Police Power of the City Council. Chairman Hopkins thought the discression in this sort of thing and other similar classification's . should rest with the Planning Commission or some similar commission rather than the City Council so that the problems can be studied carefully and that if advisable to permit such businesses that the restrictions can be workable and ad- vantageous to the surrounding property owners and also the business involved. No action taken. G00D OF THE CITY Chairman suggested that members of the Com- mission look through the January "News Letter" as it is very informative and interesting. He read the - summary of the Zoning Conference in Chicago from the "News Letter" as well as other items. Mrs. Williams inquired when the trees were going to be replaced on the Coast Highway. Dr. Seeger informed her that he had been :assured by the County Supervisor that they would be re- placed. Mr. Story, representing the Balboa Business: Men's Assn., presented a map for consideration by the Commission showing a proposed circular street running from Plam St, to "B "St. along the Ocean Front and under the present pier as a partial solution to the Traffic Problem. He stated that the Business Men are very much in favor of this plan and thought it would cost less than other proposed plans, as the City owns most of the property involved. Mr. Thompson thought it advisable to see if the property owners inside this circular area would deed the property to the city before put- ting in a street as it might open up a new build- ing site. Chairman asked 14r. Story if the Business Men's Assn. would interview the property owners and see if they are willing to do this and present a report to the commission at the next meeting. Mr. Story said that they would do so. Chairman also suggested that .r. Story be present at the next meeting to discuss the plan with Mr. Tilton. ADJOURNMENT On motion of Coma. Briggs, Seconded by Schnitker and duly carried, the meeting adjourned to meet at 7:30 P.M. January 26, 1938, in the City Council Chambers. Respectfully submitted, HOWARD W. 140 1 — 1