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HomeMy WebLinkAbout03/16/1944r f 159 The Newport Beach City Planning Commission held its regular monthly meeting on March 16, 1944, at 7 :30 P.M., in the Council Chambers, City Hall, Newport Beach, California. The Secretary announced that owing to illness, Chairman Hopkins was unable to be present. On motion of Commissioner Patterson, seconded by Commissioner Campbell, carried and so ordered, Commissioner Johnson was appointed Chairman protem. ROLL CALL Oommissioners present: Seager, Johnson, Baltz, Isbell, Allen, Nelson, Patterson and Campbell " absent: Hopkins (ill) MINUTES Commissioner Patterson moved that Minutes of February 17, 1944, be approved. Motion seconded by Commissioner Allen. Carried and so ordered. Commissioner Patterson moved to change the order of business and proceed with hearings set for this time. Motion seconded by Commissioner Catgipbell. Carried and so ordered. The adjourned first public hearing which was continued ADJOURNED on request of Mr. Harvey was declared open. The Chairman Is`f_PBLIC asked if there were any written protests. The Secretary TRINTNTTM ' said there were. O' The Chairman then invited Mr. Harvey to take the floor and state the reasons for asking for, the rezoning of the lots described in his petition. Mr. Harvey said he was repre- sented by his attorney who would speak for him at this time. Mr. Harvey's attorney addressed the Commission stating that he was unable 'to attend the last meeting because he was in New York at the time. He said he understood there would be a sub - sequent meeting of the Planning Commission in about thirty days when the second public hearing in this matter would be conduotad. He had not had the opportunity, he said, of familiarizing himself with the protests, if any, to the rezoning of the lots in question. The Chairman advised him that written protests had been withdrawn to be presented at this time when they would become a public re- cord. However, so that he could be advised insofar as the first hearing had proceeded, the Secretary read the Minutes of the February, meeting. So as not to duplicate statements, Mr. Harvey's attorney suggested that it might be well to wait until protests were read and heard before Mr. Harvey presented his case. The Chairman replied that he thought Mr. Harvey should make his state- ment at this time so as to clarify his position for all those present as well as for the Commission. Mr. Harvey thereupon took the floor and stated that he based his ' application npmn the fact that he had owned lots 17 and 18 for more than twenty years and that he-bought them as business property. He said the first zoning ordinance had been passed without his know- ledge but that at that time there was no :-great demand for business property on the Islansi. Subsequently , he was instrumental, he said, in getting the four corners of Park Avenue and Marine zoned for 160 business .purposes; that since that time, the Island had doubled in population. He said that a cocktail room had been built in connection with the oaf* on the corner of Marine and Park, and that, ' consequently, lots,17 and 18 were rendered useless for anything but business property, and that, unless so zoned,.it would amount to confiscation of his property. He said that at the time the now zoning ordinance was under discussion, he happened to be present at a meeting of the Planning Commission on another matter, and that he wanted to go into the matter at that time. 'When the new zoning ordinance was adopted, he said he found he was still in a residential district across from a cocktail room. He stated that he had paid taxes and assessments on some 150 to 200 lots and had done his share in improving the Island. He said that if the lots were rezoned for business, he expected to put up a building after the war which would bs a credit to the Island.. On conclusion of Mr. Harvey's statement, the Chairman asked if there was anyone present who wished to speak in his behalf. There was no response. The Secretary then read the written protest of Mr. George Co woods,,;which is incorporated into the Minutes of February 17, 1944. He also read two similarly phrased protests with signa- tures totaling eighty - three. Mr. Harvey's attorney said he thought the Commission should know just how the signatures on the petitions wAre obtained - whether the signatures were volun- teered or whether one particular individual solicitated the same. If the signatures were solicitated he said that might ' indicate that there was not that wholehearted objection in which the Commission would be interested. He said that the arguments used in the petitions and in Mr '. woods' letter have been used thousands of times in matters of this kind. He said Mr. Harvey's application was not for "spot zoning ", but was really for the continuation of a basin* so section which was just around the corner. In view of the fact that this was just the first public hearing to be followed by a second public hearing, he said he wished to .go into the matter further in the meantime._ Commissioner Patterson moved that the first public hearing be closed and that the second public heard ng be set to take place at the next regularly monthly meeting of the Planning Commission, April 20, 1944, at 7:30 P.M., in the Council Chambers, City Hall, Newport Beach. Hotion seconded by Commissioner Allen,. carried and so ordered. i •,•e TU 51U The Secretary announced that the application of H. F. Mayhew for a setback variance of ten feet having to do with the con- struction of a proposed garage upon Lot 2, Block 484, Tract ' Canal Section, City of Newport Beach, had heen duly advertised as of March 2, 1944, and. that he had the affidavit of public- ation. He said that he had sent notice of such hearing to some twenty -five owners of adjacent property.. Mr. Mayhew; "waa: ealled.upon.to explain the reason for his ' application. The Chairman asked if he knew whether or not there would be any ob- jections from property owners in the via - inity. At this juncture, A.tars. Smith arose and stated that she owned the adjoining property, that she had built her garage facing the bay, that it was bad enough having Mr. Mayhew's garage facing the front and that she strenuously objected to its being built oat so far as contemplated by Mr. Mayhew in hi s application. Commissioner Nelson ( Building Inspector 4 was called upon by the Chairman to explain to the Commission just what this var- ianoe involved. Commissioner Nelson said there was a 35 foot setback requirement, and that Mr. Mayhew wanted to build a garage out tan feet, - thus reducing the setback to 25 feet. Mr. Mayhew explained that at the time he bought the property, he was not aware of this sethack requirement. It was shown that there was nothing to prevent Mr. Mayhew from building an apartment over the, proposed garage. Mrs. Smith again voiced her objection. It was suggested by the Commission that Mr. Mayhew could overcome his difficulty by moving his house back ten feet. Taking into consideration the fact that an apartment could be ' built over the garage with the consequent damage to adjacent property, that a variance of ten feet reducing the setback to twenty -five feet would apply to one person, only, and the further fact that the house could be moved back on the lot so as to give the required footage for the garage, Commissioner Patterson moved that the Planning Commission recommend to the City Council that Mr. Mayhew's application be denied., Motion seconded by Secretary Seager. ROLL CALL VOTE: Ayes: Seager,.Johnson, Baltz, Isbell, Allen, Nelson, Patterson and Campbell Noes: None Carried and so ordered. 161 COMMANICATIOIS The Secretary read a letter from Mr. W. T. Jefferson having to do with prospective location of the proposed new City Hall. The Secretary moved that the letter be referred to the Committee having this mattir in charge. Motion seconded by Commissioner Isbell. Carried and so ordered. A letter addressed to Commissioner Nelson from Mr. S. ' Boerstler regarding application for a variance by a Mrs. Dawes was read by the Secretary. The secretary stated that he had written to Mr.Boerstler advising him that a formal application should be made by Mrs. Dawes to the Planning Com- mission for the desired variance. -He said that as yet he had 162 ..�. ..e. received no reply from Mr. Boerstler. Commissioner Patterson moved that the letter,be. filed. Motion.seeonded by Commissioner Allen. Carried and so ordered. MASTER PLAN COMMITTER Secretary Seager, Chairman of the Master Plan Committee, said his committee had held an informal meeting just prior to this e. aning's meeting of the Commission; that they had discussed various matters pertaining to advantages and disadvantages of suggested sites for a civic center; that no definite action had been taken, and that the Committee would hold another meeting in the near fature. TRAFFIC PLAN COMMITTEE Commissioner Johnson, Chairman of the Traffic Plan Committee, announced that he had nothing to report at this time. NEW BU S- Commissioner Patterson moved that the Building Inspector be requested to erect a four by six blackboard in the Council. Chambers. Motion seconded by Commissioner Allen. Carried and so ordered. It was suggested by Uommissionsr Patterson that the Building Inspector would be the proper custodian of the printed.forms of Zoning Ordinance No. 525. Commissioner Seager moved that the Building Inspector be designated as the custodian of the printed copies of the new Zoning Ordinance No. 525. Motion seconded by Commissioner Patterson. Carried and so ordered. Commissioner Patterson stated that he had had about five or six hundr9d backless copies of the zoning ordinance printed which he thought the various real estate agents might be in- terested in purchasing to be distributed by them. by way of advertisement with their compliments. Mr- Earl Stakley, President of the Chamber of Commerce, who was present, was called upon for any remarks he might wish to make. He spoke of arrangements made by the Chamber of Com- merce for further talks by Mr. Wakeley on post -war planning, - the next talk, April 7th, to be under the auspices of the Planning Qommission. Secretary Seager said that it was proposed to hold an informal meeting with Mr. wakeley on the afternoon of the day the talk was to be made when problems of the Planning Commission could be discussed with him - such as plans of the proposed new civic center, where it should be located, eta. In that way, Mr. Wakelsy could be advised and could incorporate into his talk the need for a civic center and other matter per- taining to planning. ADJOURNMENT — commissioner Patterson moved that the meeting be adjourned until Monday,March 20,1944,at 7:30 P.M. Seconded by Commissioner Allen. Carried and so ordered. 4espe9otfully submit