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HomeMy WebLinkAbout02/19/194829 The-Newport Beach City Planning Commission held a regular meeting, Thurs- day, February 19, 19489 in the Council Chamber, City Hall, with Oommiss- ioner Copelin as chairman protempore, in the absence of Chairman Longmoor, due to illness. Commissioners presents Baltz, Copelin, Daniell, Ellerbroek, Johnson, and ROLL CALL Pleger. Commissioners absent: Longmoor, Rudd and Wightman. Final hearing upon the application of The Irvine Company for rezoning to 0-2 of the Irvine property on Coast Highway (as described in the minutes of the meeting of December 18, 1947), tabled from the last meeting, was declared and heard. Commissioner Copelin reported that he and the commit- tee appointed to check this matter had held a meeting with Irvine officials who expressed their willingness to accept, Cl zoning, on the condition that the City owned property across the Highway be rezoned C-1 to correspond. Commissioner Baltz made the motion, seconded by Commissioner Ellerbreek to close the hearing, which carried, and Commissioner Baltz then made the motion, seconded by Commissioner Johnson that this application be denied. This motion carried by the following roll call vote: AYES: Commissioners ROLL CALL VOTE Baltz, Copelin, Daniell, Ellerbroek, Johnson and Pleger. NOES: None. ABSENT: Commissioners Longmoor, Rudd and Wightman. Hearing upon the application of 0. N. Beeman and JennerInman for a 50% front and'a 50% rear yard setback variance for Lot 199 Block 4, Section 5, Balboa Island, was declared and heard, same having been duly filed and advertised. Secretary Ellerbroek, chairman of the committee to check this ' property, recommended that the 50% front yard setback be approved, but that the 50% rear yard setback be denied. After discussion Commissioner Baltz made the motion, seconded by Commissioner Pleger that the hearing be closed, which carried, and Commissioner Baltz then made the motion, seconded by Commissioner Pleger that the application of Beeman and Inman be approved for a 50% front yard setback variance, but1the 50%,rear yard setback variance be denied, which carried by the fallowing roll call vote: ROLL CALL VOTE AYES: Commissioners Baltz, Copelin, Daniell, Ellerbroek, Johnson, and Pleger. NOES: None. ABSENT: Commissioners Longmoor, Rudd and Wightman. First hearing upon the petition of property owners of Lots 1 to 16, inclus- ive, of Tract 518, Block J, Balboa, was declared, same having been duly filed and advertised. Secretary Ellerbroek read the petition, which was signed by the owners of nine of the sixteen lots, which gave as the.'.reason for requesting rezoning from R-3 to R-1, a desire to have this section as 'one family residence' only, and that to date all of the buildings on any of the lots involved are single family residences. Also read by Secretary Ellerbroek was a petition from the Peninsula Point Association in favor of such rezoning, which was signed by property owners of the Balboa Peninsu- la. Mr. Thomas Webster was present as spokesman for the petitioners, and Mr. Robert Billefer spoke protesting same, as the representative of the owners of Lots 7 and 9, and further pointed out that since 1943, when these said Lots 1 to 16 were zoned as R -3, that there have been numerous changes of ownership,.and many of the new owners have purchased same for the purpose of R -3 improvemente, so if rezoned they would have to take ' losses. Letters of protest from owners of Lots 6, 7, 9, and 14; were re- ceived and read. Commissioner Baltz made the motion that the hearing be set to final hearing at the next meeting, and that a committee be appoint- ed to investigate and report on same at the next meeting. Motion seconded by Commissioner Pleger, and carried, and Chairman Copelin appointed 6 com- mittee of Commissioners Johnson, Daniell and Pleger. Dyll COMMUvICATIONS Secretary Ellerbroek read a letter, referred by the City Council, dated February 5, 1948, from Fire ChLirf Crocker, on the matter of increasing the allowable storages of petroleum products, Classes I and 2 flammable fluids, quantity storage of which is now limited by ' Zoning Ordinance. No. 5250 and which he reoommended,.after conferring with Mr. George Prussing,.Techkical Secretary of Western Oil and Bas Association, and with Mr. John Colton, District Engineer, of Board of Underwriters of the Pacific, that larger storage should be per- mitted, and further recommended that the N. F. B. U. God*iPhaphlit #30 and the Suggested Fire Prevention. Ordinance of the N. F. B. U. Edition 1947 be adopted as standards.for.Newport Beach, and 'this should be done as soon as possible'. Also.read was a letter frdm Mr. Prussing dated July 50, 1947, to the City Council, recommeding this and offering to appear on the matter, and, a letter from Mr. Colton, in the same vein, one paragraph of which stated, 'No limit- ation of the size of an individual underground tank or the aggregate amount to be stored at any one station is found in any of the Nation- al Board's standards, except with respect to nearby properties or buildings, where basements, floors, cellars, or pits of 'buildings might be below the top of the tank'. Commissioner Pleger made the motion, seconded•by Commissioner Baltz, that Mr- Prussing be invited to the next meeting of the Commission, to interpret said Pamphlet 30 and that copies of this pamphlet be obtained and sent to the Commis- sioners for study. Motion carried and so ordered. Secretary Ellerbroek read a letter, to and referred by, the City Council, and signed by Mr. John J. Sailors, City Administrative Of- ficer, and kr. 0. Z. Robertson and Mr. Mason tiler, Councilmen, which stated 'Your committee appointed to make a study „and survey of ' self- service laundries has visited several of these located in Costa. Mesa and Santa Ana. We wish to recommend that this:matterbe referred to the Planning Commission, with a request for an amendment`to our Zoning Ordinance as to what zone and under what conditions these will be allowed.', and accompanying this was an application for License, dated December” 19, 1947, signed by S. B. MaeA'Levy, requesting said license for 'Sale and display of.electrical appliances and.renting of Bendix washing machines for hire. The business to be conducted is not the business referred to in Zoning Ordinance No. 525 of the City of Newport Beach as 'laundries'. No.lauhdering or dry cleaning busi nese will be conducted at said premises'. This was accompanied by a letter from Mr. John Martell, attorney, explaining Mr. MacA'Levy'e requestin great length, and demanding same, or 'such legal steps as may be necessary will be taken to secure the issuance thereof and all damages that may aorue by reason of your wrongful breach of civic duty', submitting data and findings to support his cliend, Mr. MacA'- Levy. Present to protest this were Mr. F. C. Turner and Mr. Floyd Crosby, who stated that they have purchased property. zoned M -1, in compliance with the ordinance, and intend to operate a self- service laundry on that property, so if such variance be granted to Mr. Mao- A'Levy, same would be unfair, and they failed to see why the zoning should be changed for him. Commissioner Copelin reported that a committee from the Commission and one from the Council had met and discussed and investigated the matter, end, as a result, same was re- , ferred to the Commission for recommendation. Commissioner Johnson a member of this committee, stated, 'Our City Attorney says 'a laund- ry is a laundry', and 'we cannot violate his instructions.' Commis - sioner Pleger made the motion, seconded by Commissioner Ellerbroek that the matter be referred to the committee, as appointed, for fur- ther study. (Committee of Commissioners Copelin, Johnson, Ellerbroek, and Longmoor.) Motion carried and so ordered. Two petitions for rezoning were received and filed for advertising and hearing March 19, 1948, and committees appointed for each. One petition was from Mrs. Eva F. Rhoden for rezoning from R -1 to R -3 for Lots 12 to '19, Tract 444, facing on Old County Road, signed by all the property own - ere concerned, and the other petition was from Mr. Harold Knight for re- zoning from R -2 to R -3 of Lots 9 to 13, Block C. East Newport Tract, sigma ed.by all the property owners of said lots. Committee for the Rhoden petition being Commissioners Johnson, Rudd and Ellerbroek, and that for the Knight petition being Commissioners Pleger, Baltz, and Daniell. Mies Kate McCann was present and brought up the.matterof the new apart+ NEW BUSINESS mantes just constructed by Dr. Pahl, on Lots 2, 3, and 4, on Topaz Avenue Balboa Island(corner of Topaz and Park Avenues), that as constructed these apratments present an R -3 classification in an R -2 zone. Much Ais- cussion ensued, and Commissioner Pleger made the suggestions to which Building Inspector Nelson was agreablei that in the future such proposed plans be referred to the Commission before permits be issued. Mies Mo- Cann deplored the present trend on Balboa Island for no provision being made for garages, and that the ordinance should stipulate that 'parking be adequate and accessible', as its present vagueness is creating the proBlems. Commissioner Copelin requested an opinion on the Commissions recommend- ation for the disposition of the present City Hall site, and whether same might be recommended for a hotel site, as a tentative bid for the purchase of the property if permitted for such use. Mayor Reed was pres- ent, and stated that he didnt see 'how the Planning Commission would ans- wer this now or make such a recommendation at this time's and Secretary Ellerbroek said that he did not feel that the Commission should express any opinions without further study. Mr. R. Henderson brought up a question of changing lot areas, having purchased an additional amount of footage by 'metes and bounds', which brought up the interpretation of the ordinance on 'lots' and areas. Commissioner Pleger made the motion for adjournments seconded by Commiss- ADJOURNMENT ioner Ellerbroek, which carried, and so ordered. Respectfully submitteds Philmer J. rbrosk, Secretary 31