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HomeMy WebLinkAbout02/17/19551.2 s MINUTES OF THE PLANNING COMIISSION, THURSDAY, FEBRUARY-17, 1955 - 7 :30 P.M. Chairman Longmoor called the regular meeting of the Planning Commission to order. ROLL CALL: Commissioners present: Briggs, Copelin,• Lind, Longmoor, Reed, Rudd, Smith Commissioners absent: none Consulting 8ommi.ttee present: Keene Consulting Committee absent: Hayton MINUTES: Minutes of the meeting on January 20, 1955 were corrected to mention the Planning Commission's request of the City Attorney for his opinion on the status of the Master Plan under the•City Charter and as to whether a new recommendation must be drafted if the entire Master Plan is to be adopted. The minutes were then approved on motion of C. Rudd, seconded by C. Reed, and carried. VARIANCES Application of Mr. & Mrs. James VanEvery to resubdivide a lot, had #189 been set over until March 17, 1955 meeting from the January 20, 1955 VanBvery, James meeting. set over The hearing was declared open. FINDINGS: The two building sites as proposed offer a far better Planning arrangement and being larger than those being subdivided allows a less crowded building condition than would otherwise exist# and is a more progressive development. The hearing was closed on motion of C. Reed, seconded by C. Rudd, and carried. C. Briggs moved that the application be granted, seconded by C. Smith, and carried by the following roll call vote, to -wit ALL AYES Application of W. R. Hervey, Jr. to resubdivide a parcel of ground V - #195 consisting of Lots 8, 9, 10, and 11, Block 26, Eastside Addition to V - #194 Balboa Tract, into two building sites as follows: Irvine Co. BUILDING SITE #1 - consisting of the westerly 45 feet of said Lots Hervey, W. R., Jr. 80 99 10, and 11, with a frontage on Balboa Blvd. of 45 feet by Lots 8,9,10, 11 120 feet deep along "J" St. with an area of 5400 square feet and Block 26, Eastside a frontyard setback of 5 feet. Add. to Balboa BUILDING SITE #2 - consisting of the easterly 55 feet of said Lots Tract 8, 91 10, 11, with a frontage of 55 feet on Balboa Blvd. by 120 feet deep along the alley and with an area of 6600 square feet, GRANTED and a front yard setback of 5 feet. Property is located at the northwest corner of Balboa Blvd. and "J" St., Balboa. The hearing was declared open. FINDINGS: The two building sites as proposed offer a far better Planning arrangement and being larger than those being subdivided allows a less crowded building condition than would otherwise exist# and is a more progressive development. The hearing was closed on motion of C. Reed, seconded by C. Rudd, and carried. C. Briggs moved that the application be granted, seconded by C. Smith, and carried by the following roll call vote, to -wit ALL AYES 1 Application of the Irvine Co. to allow construction of detached V - #195 garages on the front J of lots described as Lots 30, 39, 45, 469 70, 72, 73, 11, 84, 83, 78, and 80, in Tract #1701, known as Irvine Co. Irvine Terrace. Lots in Tr. #1701 The hearing was declared open. FINDINGS: This application is consistant with the planned development Granted of the tract and with previously allowed Variances for such detached garages in said Tract. This tract is under close architectural control and under Irvine Co, supervision and allowance of this Variance will offer a better architectural expression. The hearing was closed on motion of C. Lind, seconded by C. Reed, and carried. C. Copelin moved that the application be granted, stating that on this application he withdraws his objection to no representation of the applicant. Motion seconded by C. Lind, and carried by the following roll call vote, to -wit: ALL AYES 1 129 Application of Henry E. Brooks for a fifteen (15) inch overhang into the 10 foot rearyard setback of a second floor apartment over an exist- V - #196 ing garaf-e facing a fifteen (15) foot alley. This will allow a fifteen ' (15) inch setback from eaves to the actual property line at edge of , Brooks, Henry E alley, on property described as Lot 5, Block 19, Seashore Colony Tract, and located at 6508 W. Ocean Front. Lot 5, Block E, The hearing was declared open.. Seashore Colony FINDINGS: The house next door is already constructed to within two Tract feet of the alley and houses to either side have a similar type con- struction as that requested by the applicant. The garage is now located five feet in from-the alley line and the proposed overhang will GRANTED not interfere with traffic through the alley or accessability to the #arage The hearing was closed on motion of C. Copelin, seconded by C. Rudd, and carried. C. Copelin moved that the application be granted, seconded by C. Rudd, and carried by the following roll call vote, to -wit: ALL AYES Application of J. W. Krafft for the construction of a third dwelling unit on a building site containing an existing duplex on property described as V - #197 Lot 17 and a portion of Lots 19 and 21,, Block 234, Corona del Mar Tract, allcf which equal a full two lots in an R-2 district. Property located Krafft, J.W. at 317 -319 Heliotrope on the southwest corner of Heliotrope and Bayside Drive, Corona del Mar. Lots 17,19.212 NOTE: The existing duplex is constructed across the common lot line Block 234, making the whole property one building site and was done so in 1947 when CDM Tract the Code was interpreted to mean a certain number of units could be built per lot regardless of location on the property and appears to be ' similar to the 2nd unit at the last meeting in an R-1 district and Granted granted. The hearing was declared open., FINDINGS: The proposed unit would be constructed on a lower elevation of the lot facing Bayside Drive and would be clear out of view of the adjacent houses to the south. The property contains 7311 square feet, which is about twice the size of adjacent lots. Allowance of this Variance will not establish a precedent. Due to the topography of the ground the third unit would be constructed on ground which would be good for no other purpose and will in no way interfere with any other property. The hearing was closed on motion of C. Reed, seconded by C. Rudd, and carried. C. Reed moved that the application be granted, seconded by C. Lind, and carried by the following roll call vote, to -wit: ALL AYES Application of R. S. Guenther for a thirty (30) inch overhang into the V - #198 ten (10) foot rearyard setback facing a ten (10) foot alley for a second story of a single dwelling unit over an existing double garage in an Guenther, R.S. R-2 district on property described as Lot 13, Block 6, Section 3, Balboa Island, and located at 121 Amethyst Ave. Lot 13, Blk. 6, The hearing was declared open. Section 3 FINDINGS: Similar overhangs are already in existence on adjacent and Balboa Island ' surrounding property and a number of such variances have been allowed on Balboa Island. The overhang will in no way interfere with traffic GRANTED ih the alley or access to the garage. The hearing was closed on motion of C. Copelin, seconded by C. Lind, and carried. C. Lind moved that the application be granted, seconded by C. Copelin, and carried by the following roll call vote, to -wit: ALL AYES 130 AYES: Copelin, Lind, Longmoor, Reed, Redd, Smith NOES: Briggs ABSENT: none Application of H. E. Riley for an eight (8) foot setback-along V - #201 Application of Della K. Mellin for a fifteen (15) foot frontyard V - #199 setback instead of the required twenty (20) foot setback in an Riley, H. E. R-1 district as shown on District Map #18 on a building site Mellin, Della K. consisting of Lot 19 and northeasterly 15 feet of Lot 21, Block 143, Lot 19, prtn. Resub of Corona del Mar and located at 227 Poppy Ave. I Lot 21, Blk. 143, The hearing was declared open. - Resub of CBM FINDINGS: The next door neighbor Mr. Bircher protests that the 15 foot setback will obstruct his view. The patio yard between DENIED house and garage will be 38 feet deep if the 20 foot setback is used. The applicant has no hardship involved and the city would not be acting in the best interest of the property to grant such a Variance. The hearing was closed on motion of C. Copelin, seconded by G. Reed, and carried. C. Rudd moved that the application be DENIED, seconded by C. Reed, and carried by the following roll call vote, to -wit: ALL AYES Application of Michael J. McCaffrey for a five (5) foot frontyard V - #200 setback instead of the required ten (10) feet for a two story addition to an existinghouse. Located on Lots 10, 11, 12, Block I, McCaffrey, Seashore Colony Tract, at 7201 Seashore Drive. Michael The hearing was declared open. Lots 10,11,12, FINDINGS: The neighbors to the rear and across the street are in Block I, agreement with the applicants request. The construction will no Seahhore Colony doubt improve the present building situation on the property. Two Tract units are now in existence and one is to be eliminated as a rental ' to allow the new one to be installed in an R-2 district. There is GRANTD no reason to believe an alley would ever be placed at the rear of the property, so five feet is adequate as a rear setback. The hearing was closed on motion of C.-Rudd, seconded by C. Lind, and carried. C. Rudd moved that the application be granted, seconded by C.' Copelin, and carried by the following roll call vote, to -wit: AYES: Copelin, Lind, Longmoor, Reed, Redd, Smith NOES: Briggs ABSENT: none Application of H. E. Riley for an eight (8) foot setback-along V - #201 Ocegn View Ave. instead of the twenty (20) foot setback required by District Map #4 and Section 9105.4 (f) wherein a lot abutting Riley, H. E. two streets must comply with the setbacks established on either Lot 46, Tr. #1133 street. Located on Lot 46, Tract #1133, at 2610 Avon Street. The hearing was declared open. Granted FINDINGS: Mr. Riley also owns R-1 Lot #48 abutting Lot 46 to the . rear, so no objections from that property. Remaining properties are higher and the view would overlook Lot 46, not past it, since the lots above recede easterly behind Lot 46, Due to the contour of the ground the 8 foot setback should not interfere with other property. Corner Lot 47 to the east was granted an 8 foot setback along Ocean Ave. by Resolution #499 granting Variance #45, December 26, 1951. ' The hearing was closed on motion of C. Copelin, seconded by C. Lind, and carried. C. Lind moved that the application be granted, seconded by C. Copelin, and carried by the following roll call vote, to -wit: ALL AYES 131 Application of David Ballantine for a frontyard setback of forty -seven (47) feet for a single family dwdling with attached garage. A maximum V - #202 setback of 35 feet is allowed by Sectio& 9103.15 of the City Code. Located on Lot 116, Tract #1116, at 119 Shorecliff Road, Corona del Mar. ' The hearing was declared open. Ballantine, FINDINGS: The house as proposed can be constructed with a 47 foot front David setback and not crowd the required 20% rear setback. The additional setback will not adversely affect adjacent property. The setback is Lot 116, requested to use the_view from the lot most advantageously. The Tract #1116 applicant can build to within 25 feet of his rear lot line and rear setback as proposed will be 35 feet. Granted CONDITIONS: Sideyard setbacks are to be six feet. 10% of lot width is required in an R-1 -B district with a maximum of 6 feet. The hearing was closed on motion of C. Reed, seconded by C. Copelin, and carried. C. Reed moved that the application be granted, seconded by C. Rudd, and carried by the following roll call vote, to -wit: ALL AYES Application of Walter Killian to permit the construction of a duplex dwelling structure across the front portion` of a building site whereon V - #203 an existing.single family dwelling is constructed across the rear portion of two R�2 lots so as to create one building site, on Lots Killian, Walter 14, 16, Block 734, Tract #673, and located at 714 Goldenrod. Two dwall.ing units are allowed by Section 9103.21 of the City Code. Lots 14, 16, The hearing was declared open. Block 734, FINDINGS: Six letters of protest were received and five persons arose Tract #673 from the audience and protestdd at the hearing. The entrance of two garages off Goldenrod is in variance with the architectural practice of the neighborhood and unnecessary where an alley is altilable. DENIED Three units in that location on such an R-2 parcel would be an abuse of the R-2 zoning restrictions. No hardship is involved since the applicant bought the property under the present restrictions and apparently understood at the time of purchase that he could only construct one more unit. The hearing was closed on motion of C. 1�opelin, seconded by C. Reed, and carried. C. Reed moved that the application be DENIED,-seconded by C. Rudd, and carried by the following roll call vote, to -unit: ALL AYES (Lind not voting) Application.of Everett Kruwell to permit the resubdivision of a parcel of ground consisting of Lot 9, Block 51, River Section, as recorded in V - #204 Book 4, Page 25, of Orange County Maps into two building sites. Kruwell, On motion of C. Briggs, seconded by C. Smith, and carried, this appli- Everett cation was set over to the next meeting and request made of the Adminis- trative Assistant to make a survey of the entire area and prepare a map showing how the entire area can be subdivided using application #204 set over to as a guide. next meeting 1 132 J Application of R. P. Harvey for a three foot setback along V - #205 Channel Place for a two family unit fronting on /,4th Street. A 10 foot setback is required by Section 9105.4 (f) wherein lots Harvey,R. P. abutting two streets must abide by the setbacks on either street. Property located on Lot 2, Block 144:, Canal Section, at the Lot 27 Blk. 144, southwest corner of 44th.St: and Channel Place. Canal Section The hearing was declared open. FINDINGS: An existing side setback of a house further up Granted Channel Place on the same side is about 3 feet, and the property across the street is not developed so that such a setback would interfere with any dwelling. Applicants lot is a triangle lot and a 10 foot setback along Channel Place would cause an unneces- sary hardship and restrict the building area too greatly. The hearing was closed on motion of C. Lind, seconded by C. Copelin, and carried. C. Lindmoved that the application be granted, seconded by C. Reed, and carried by the following roll call vote, to -wit: . ALL AYES Application of Lloyd E. Hellman to resubdivide all that certain Resubdivision land situated in the City of Newport Beach, County of Orange, #4 State of California, described as follows: The northwesterly 110 feet of the southeasterly 475 feet of the Bellman, Lloyd E. northeasterly 150 feet of Lot "A" of Tract #919, into two building sites as follows: BUILDING SITE #1 - consisting of the westerly 55 feet of property described above. This site has a frontage of 55 feet on Cliff Drive and a depth of 150 feet. BUILDING, SITE #2 - consisting_of:.the easterl7.55- feAt:'of property described . above. :This.:site:*has,a frontageof 55 feet on.:Cliff.,'. .. Drive and a depth of 150 feet. Said property is located along the southerly side of Cliff Drive on the bluff at the south end of Fullerton Ave. in Newport Heights. The hearing was declared open. FINDINGS: The lot sizes proposed by Mr. Hellman eachhave an area of 8250 square feet and a width of 55 feet. Subdivision Ord. #650 requires a 5,000 sq. foot area and a 50 foot width. The street is in and paved with suitable curbs. Water has been brought to the property next door. The property will be in the same position regarding sewers as it is now. The hearing was closed on motion of C. Copelin, seconded by C. Lind, and carried. C. Lind moved that the application be granted, seconded by C. Reed, and carried by the following roll call vote, to -wits ALL AYES Application of Robert V. Staats for..a Use Permit to permit an open USE PERIMITS sales display of yachts and small craft in a C -1 -H District, on #167 property at Lot 24, Tract #1210, and located at 770 W.'Coast Highway. The hearing was declared open. Staats, Robert V. FINDINGS: An open yacht sales display is consistentwith the use of property to the east for used car sales and to the west several Lot 24, Br. #1210 blocks away for an open boat display. The area to be used is black topped paving and the general appearance is very neat. The boats Granted to be displayed offer an interesting sight to the general public, and there is sufficient parking to handle an increased weekend inspection by the public. J 133 CONDITIONS: 1. Use Permit #167 is limited for a period of one year. 2. Six accessable off -street customer parking spaces to be provided ' on the property at all times. The hearing was closed on motion of C. Rudd, seconded by C. Copelin, and carried. C. Rudd moved that the application be granted in accordance with the, conditions, motion seconded by C. Smith, and carried by the following toll call vote, to -wit: ALL AYES Application of Lee Babbitt to permit the construction of a 6 unit apartment building on an Rr3 district building,site with 6 car U.P. #168 covered carport, on Lots 21, and 22, Block J. Tract #518, and located at 1536 -1940 Miramar Drive. Babbitt, Lee The hearing was declared open. FINDINGS: The six units proposed, by Mr. Babbitt offer an attractive Lots 21, 22 addition to the neighborhood. Each has its own patio and is well Block J designed, garage facilities are off the alleyand one legal space for Tract #518 each unit. There are other multi -unit dwellings in the.same area. The hearing was closed on motion of C. Lind, seconded by C. Smith, Granted and carried. C. Copelin moved that the application be granted, seconded by C. Smith, and carried by the following roll call vote, to -wit: ALL AYES ' As per request of last meeting. RE: Section 707 of the City Charter - It is the considered opinion of the City Attorney that if the Planning Commission desires to recommend a master plan for the City of Newport Beach, that it will be necessary to draft a new recommendation and that the recommendation that was passed by the City Planning Commission several years ago does not become effective merely by';the adoption of the City Charter. It should also be noted that before recommendation can be adopted by the Planning Commission, that a public hearing must first be had in accordance with Section 707A of the City Charter. (signed) John C. Penney Asst. City Attorney As there was no further business to come before the Commission, the meeting was adjourned on motion of C. Lind, seconded by C. Smith, and carried. y Ray e . Copelin cretary F�