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HomeMy WebLinkAbout03/02/1938F_ 1 MARCH 2, 193 THE NEWPORT BEACH CITY PLANNING COMMISSION.met • in adjourned session Wednesday, March 2. 1938 at 7 :30 p.m. in the Council Chambers, City Hall; Chairman Hopkins presiding. Meeting was called to order by the Chairman. ROLL CALL — Commissioners present: Hopkins, Seager, Findlay, Schnitker, Patterson. Commissioners absent: Williams, Briggs, Whitson. City Attny.Thompson and B1dg.Insp. Nelson attended.° The Secretary stated that this was an adjourned meeting from February 23, 1938. Chairman Hopkins stated that if there were no objections the consideration of the minutes of the two previous- meetings would_be postponed until the next regular meeting._ No objection. HEARING - APPLICATION FOR VARIANCES Application of A.J.Price, owner of Lot 130 Blk 20 Section 1, Resubdivision of Balboa Island, for 509 • ;.rear yard variance and 100% .side yard variance was read by the Secretary. He stated that all the re- quiremen.ts.of the ordinance had been complied with maps and plans posted,_the. hearing advertised and - notices sent to the surrounding property owners. The maps and.plans of.the propo.sed._garage to be eonstructed.on this property were examined_by the members of-the commission. Mr. Johnson, owner of the adjoinig.propertg and Mr. Everett, owner_of property in the same block requested permiasion_.to- examine the map.showing the proposed_ building. Mr. Johnson said he wished to protest the. grant- ing'of these variances.for.the. following reasons; first, that the present house on this lot is 18 inch- es from the property line which shuts off enough of his view and ventilation; second, that the allowing of these variances would shut off light and air from his house.and`be detrimental to his property.,` His house is set the required three feet from his property line. Being in an R -2 zone, he might at • some future time wish to build on the front of his lot, this would bring the.buildings too otiose to- gether. Mr. Everett also protested the.granting of the variances because it will be difficult, for him to get in. and _ out of his _garage -_if Mr. Price builds up.to the property line. When he built-his-garage he :was required to_set_baek to_2ft.6in..and _ he was - not.informed that__it_.was. possible to._.s_eeure,..a..var- lance allowing him to build any closer to the line. •Mr. Price said that he feels the property belongs to him and he should be able to build as he wishes to. He was informed when he purchased the property that he would be able to build a garage on the lot' line. He has just enough room to construct a garage if the variances are granted. Inquired if he could build a fence on the lot line.'Was informed that he could. Chairman Hopkins said that the 'commission could not grant the 100% variance over the protests of the adjoining property owner. This property owner has shown that it would be detrimental to his pro- perty. Chairman Hopkins asked Mr. Johnson if he would be willing to compromise with Mr. Price and agree to a 50% variance. Mr. _Johnson said that he would be willing to do so, that he.would_not object to allowing an 18 inch _set back. Mr.. Price said that he would try to rearrange his plans -to_ conform to this set back. Comm. Findlay moved the adoption of Resolution No. 115 recommending to the City Council.that a 50% s d® yard variance, which is 18 inches, and a 50% rear yard variance,._which is. 15 inches, be granted to A.J. Price on Lot 13, Blk_2, See -1, Resubdivision of Balboa Island and the same, be transmitted. to the City Council by the Secretary and a copy be filed as part of the minutes of this meeting. Seconded by Com. Sehnitker. Passed.by the following Roll Call vote: Ayes: Hopkins, Seager, Findlay, Schnitker, Patterson. Noes: None. So ordered by the Chairman. _A laation_for.Variance pp ca , on or aawell, owner of Lot 26, Tract 884, the same being the corner.of Ninth St. and North Bay Front, Newport Beach, for a 50% side yard variance was :read by .the Secretary. He stated that all the requirements oP -the ordinance.had_ been complied with. Chairman. Hopkins explained that Mr.Maxwell_ had intended to be- .present, but could not get down on account of the flood. The plans were examined by the members of the, com- mission. There were no objections.from the floor. Qom. Seager said that the variance requested is on . the street side. None of the commission saw any objection to granting thas variance. Com. Patterson moved the Adoption of Resolution No..116 recommending to-the City Council that a WX 7M de yard variance,_ which is 18 inches, be granted to Wm. H. Maxwell on Lot 26 Tract 884, Newport Beach 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 Com. Seager. Passed by the following Roll Call vote: Ayes: Hopkins, Seager, Findlay, Sehni'tker, Patterson. Noes: Prone.,_ So ordered by the Chairman. APPLICATION FOR VARIANCE Application of Frank Andrews, owner of Lots 3 & 40 Blk 4, See.5, Balboa Island, for a 50% front yard variance was read by _tbe_Secretary. He stated that all the requirements of.the ordinance had been com- plied with. There are no houses in the block except the Balboa Island Yacht Club who had been notified of the hearing by postcard. There were no objections from the floor. Cora. Findlay inquired why the Building.-Inspector could not be instructed to grant all 50A front yard • variances asked for on the Bay.Front. It is the same question of the setback all, along the. front and he felt 'it: should be less than 10 ft. Mr. Thom- pson informed the commission that this might In- volve them'-in legal diffieulties.and would not be advisable.' Com. Findlay moved that Resolution.No..117 be adopted recommending to the City Council that a 50% front yard variance,: which.is 5,ft:,.be granted to Frank Andrews on Lots 3 & 41 Blk 4; Sec. 5, Balboa Island, and the same be transmitted to the City Council by the Secretary and a copy be.f fled as a part of the minutes of this meeting. Second- ed by Com. Patterson. Passed by the following Roll Call vote: Ayes: Hopkins, Seager, Findlay, Schnitker, Patterson. Noes: None. So ordered by the Chairman. APPROVAL OF FINAL MAP OF TRACT 1007 Mr. Greeley sub itted the final -map of Tract 1007 for the approval of the commission-, He said that after the approval by the Planning Commission it will be again submitted to the City Council for final action. Com. Patterson said.that Mr. Harvey had agreed to give an easement for the side walk along the Bay .Front which does not show on:the_Map. Com. Schnitker moved that the fiaal.map_of Tract 1007 be approved-by the commission subject to easements for a side walk along the northly . side of the Tract and that the Secretary be author- ized to sign the map, thus designating such approv- al. Seconded by Com. Findlay. Motion carried. So ordered by the Chairman. SECOND AND FINAL HEARING ON AMENDMENT TO ORD. 440. ( Having to do with rear yard requirements) Secretary stated that he had fromed an amendment and had placed it in writing and submitted it to Mr. Tilton who had returned it with some corrections< and suggestions; he and Mr. Thompson had discussed It and had not.yet agreed upon the wording of the amendment. Mr. Thompson said that 2 or 3 sections had to be considered and changed to get away from conflictions in the ordinance. Hewould suggest a motion to amend the ordinance and then he could frame a suitable amendment to submit to the Council, after careful study of the Sections involved. Com. Seeger moved that the Planning Commission request that Ordinance 440 be amended to the effect that the rear yard requirements in such blocks in which there have been erected buildings in_the rear yard upon 50% of the lots within.less than 10 ft. of the rear property line may be subject to 100% variances upon the recommendation_of_ the Planning ; Commission. Seconded by Com. Patterson. Motion carried. So ordered by the Chairman. COMMUNICATIONS Secretary announced that he had received the booklet "Plan for Low Rent Housing " and thought it would be interesting to the members of the commission He suggested that Mr. Findlay give a review of this booklet at some future. meeting. APPLICATION OFR REZONING OF PROPERTY BY THE CITY COUNCIL Secretary read the application of the _City Council for the rezoning of city property as shown on the accompanying map, and described as Parcel "A" • from R -3 to C -1, and Parcel "B" from R -1 to C-1. The legal description accompanied the application. Chairman asked Com. Patterson_ if he knew what the City intends to do with this_property.if rezoned. Mr. Patterson said he did not. know anything about - it except that ha had been asked to write the legal description. Com. Schnitker..thought that_Parcel A should be connected up with the Public Camp.Grounds. Com. Findlay said the commission might as well rezon • the whole section. Chairman Hopkins said he hated t see all this property thrown open to business. He thought it better to rezone a portion at a time as it is necessary to do so. Mr. Thompson said he a- greed with the Chairman, we have all the business property now that is needed. This land, Parcel 'A is under controversy at the present time as there are people who have built on this property and claim ownership on the basis that they have filled in tide lands. This property was acquired from the Govern- ment -and the P.E. He said there is no justification for making any more business property but there m- ight be justification for rezoning to allow a trailer camp. Com. Seeger felt that the commission should know what the City intends to do with the property and thought that the application should be returned to the City Council with the request that they submit more complete information as to what they wish to do with t1B property if rezoned. He was instructed by tYe Chairman to communicate this opinion to the City Council. Com. Schnitker moved that the application of the City of Newport Beach for resening of Parcels A and B. property of the City of Newport Beach, as shown on the map _submitted at the time of applica- tion, be sent to hearing _to.be held March 16, 1938. Seconded by Com. Findlay. Notion carried. So ordered by the Chairman. DISCUSSION OF TRACT 1006 (to be knownas Tract 1026) Chairman Hopk no suggested that the commission should not approve the final map _of Tract 1006 which will be submitted at a later date, until they are fully informed as to the deed restrictions to be placed upon this property. He thought that a copy should be filed with the map when application for approval is made. The deed restrictions should be so drawn that it will not be possible for them to build on top of the bluff. Mr. Thompson-said the •t this would not help as the map is approved and the restrictions are not effective until recorded. They could submit any restrictions and then file . others. However, he felt that they will have some restrictions preventing building on the bluff so that they will be able to dispose of the lots at the foot of the bluff. ,Com. Patterson said that Mr. Harris would cooperate with.the commission if approached in the right manner. i Com. Patterson moved _that _ the Secretary address . a letter to the owners_ of.the.property requesting their cooperation in.working out satisfactory deed restrictions-on this property. Seconded by • Com. Sohnitker. Motion carried. So ordered by the Chairman. ADJOURNMENT On motion of Com. Patterson, seconded by Com. Sohnitker, the meeting adjourned. Next meeting date March 160 1938. Respectfully submitted, HOWARD W. SEA , Sears y. NEWPORT BEACH CITY PLANNING COMMISSION •