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HomeMy WebLinkAbout03/20/19407regular MARCH 20, 1940 THE NEWPORT BEACH CITY PLANNING COMMISSION msession Wednesday, March 20, 1940, 7:30 p.m. Council Chambers, City Hall; Chairman Hopkins presg Meeting called to order by the Chairman. ROLL CALL - Commissdoners present: Hopkins, Seeger, Williams, Estus, Patterson.= Commissioners absent: Briggs, Findlay,; Whitson, Hodgkinson. Building Inspector Nelson attended. MINUTES - Lom. Estus moved that the minutes of the regular meeting held February 21, 1940 be approved as written. Seconded by Com. Williams. Motion carried. HEARINGS - PETITIONS - VARIANCE APPLICATION OF R. N. CLINNINGRAM Application of R. N. Cunningham for a 40%,'4 ft. front yard setback variance on Lot 13, Elk 1, Sec 4, Balboa Island was read by the Secretary. He stated that the hearing had been advertised, postcards sent to surround - ing property owners, plans posted, and all other require- ments of the ordinance complied with. No communications had been received in connection with this application. No verbal or written protests were received. Chairman declared the hearing open for discussion. Com. Patterson remarked that this house will line up with the house next door. Com. $eager explained that the house has already been set on the lot in question, having been moved from another lot; by mistake, Mr. Cunningham lined up the house with the one next door. He is asking this variance so that there will be no adverse action in the future and in order to clear up the mistake. No one was present to object to the variance, Com. Estus moved the adoption of Resolution No. 165 recommending that a 40 %, 4 ft. front yard setback variance be granted to R. N. Cunningham on Lot 13, Elk 1, Sec 4, Balboa Island, and that the same be transmitted to the City Council as the recommendation of this com- mission and a copy filed as a part of the minutes of this meeting. Seconded by Com. Williams. ROLL CALL; Ayes: Hopkins, Seager, Williams, Estus, Patterson. Noes: None. Motion carried and so ordered by the Chairman. a- VARIANCE APPLICATION OF ROY RILEY Secretary read the application of Roy Riley for a 50%, 5 ft. front yard setback variance on Lot 42, Tract 742, Balboa Island. He stated that the hearing had been ad- vettised, plans posted, postcard. notices sent to surround- ing property owners and all other requirements of the ordinance complied with. No communications or protests had been received in connection with this application. Chairman declared the hearing open for discussion. Chairman inquired if anyone present, wished to speak on or protest the granting of this variance. No response. Mr. Riley was present and stated that the setback variance is requested to allow construction of a porch on the front of the house. The setback conforms to the rest of the houses in the block.' No further discussion. Com. Estus moved the adoption of Resolution No. 166 recommending that a 50 %, 5 ft, front yard setback variance be granted to Roy Riley on Lot 42, Tract 742, Balboa Leland, .and that the same be transmitted to the City Council by the Secretary as the recommendation of this commission and a copy filed as part of the minutes of this meeting._ Seconded by Com. Williams. Roll Call: •' Ayes: Hopkins, Seeger, Williams, Estus, Patterson. Noes: None. Motion carried and so ordered by the Chairman. SECOND HEARING ON AMENDMENT TO ORDINANCE 440 ESTABLISHING 25 FT. SETBACK ON WATERFRONT LOTS IN EL KAYO TRACT - Secretary read the advertisement as published in the local paper as notice of this hearing. He explained that this amendment is to inco4mrate in the zoning ordinance the deed restrictions on El Bayo Tract which will soon expire. No protests or other communications were received in commection with this matter. No one was present to protest or discuss this amend- ment. Com. Patterson moved the adoption of Resolution No. 167 recommending the establishment of a 25 ft. front yard setback on Lots 1 -12 inclusive, Blk 1; Lots 1 -13 inclusive, ' Blk 2; Lots 1 -11 inclusive, Blk j; Lots 1 -11 inclusive. Blk 4; and lots 1 -11 inclusive, Blk 5, E1 Bayo Tract and that the same be transmitted to the City Council by the Secretary as the recommendation of this commission and a copy filed as part of the minutes of this meeting. Seconded by Com. Estus. a, Roll Call: Ayes: Hopkins, Seager, Williams,'Estus, Patterson. Noes: None. • Motion carried and so ordered by the Chairman. FIRST HEARING ON APPLICATION OF MARGUERITE MACCULLOCH FOR REZONING - Secretary read the application of Marguerite Mac Culloch for rezoning of Lot 15, Blk 26, Balboa Eastaide Addition, from R -1 to R -2. He stated that the hearing had been advertised in the local newspaper as ordered at the last regular meeting and read the advertisement published as notice of this hearing. Chairman declared the hearing open for discussion.' Secretary read a letter from E. L. Humphreys, former employee of Miss MacCulloch, asking favorable and un- biased consideration of this rezoning application. Com. Williams asked how the adjoining property owners feel about this change. Com. Hopkins said that, as the adjoining property owner, he would be opposed to the change; also, as a member of the Planning Commission he would not be in favor of the rezoning to R -2 since all adjacent property is R -1 and to rezone this to R -2 would be spot zoning. Com. Patterson did not see how the Planning Com - . mission could spot zone Miss MacCulloch's lot and leave the other half of the block in R -1. He was very definitely opposed to spot zoning. It was his opinion that postcard notices should be sent to surrounding property owners so that they would have an opportunity to express their opinions for or against this change. Com. Seeger concurred with Mr. Patterson in his opinion that the surrounding property owners should be notified. He moved that this matter be sent to second hearing, said hearing to be held at the next regular meeting, April 17, 1940, and that notices of hearing be sent to contiguous property owners by the Secretary. Seconded by Com. Estus. Miss MacCulloch was present and stated that she wished her property rezoned so that she could build and improve her property and get some return on her investment. No further discussion Motion carried and so ordered by the Chairman. FIRST HEARING ON APPLICATION OF $RANK AND BESSIE • RIDDLE FOR REZONING - Secretary read the application of Frank and Bessie Riddle for rezoning of 'their property described as Lots = 11 and 12, Blk 6 Seashore Colony from R -j to 0-1. He stated that notice of hearing had been published, plans of the proposed buildings posted and all other require- ments of the ordinance complied with. This application was made by Mr. Riddle so that these lots will conform In zoning to their adjacent property which was previously rezoned to 0-1, and to allow addition of other buildings to their auto court. Chairman declared the hearing open for discussion. Secretary stated that this application is for re- zoning that should have been done at the same time as the lots previously rezoned. No one was present to speak on this application. No communications or protests were received in connection with this matter. Com. Estus moved that this matter be passed to second hearing, said hearing to be held at the next regular meeting April 17, 1940. Seconded by Com. Patterson. Motion carried and so ordered by the Chairman. COMMUNICATIONS - Secretary read a letter from William Lyons, attorney of Los Angeles, inquiring if any action had been taken in re' Bard to rezoning a certain portion of Blk D, Corona del Mar, from C -2 to E -1, also the procedure for making such application. • Com. Patterson moved that the secretary be instructed to advise Mr. Lyons of the steps to be takne in order to change the zoning of property, and, in the event that they desire to make such application, the Secretary be authorized to advertise the hearing for April 17, 1940. Seconded by Com. Estus. Motion carried and so ordered by the Chairman. • Secretary read a letter from Hal Will Smith, President of the Realty Board, commending the Planning Commission on their stand in regard to restricting the use of ad- vertising signs in residential areas and offering the assistance of the Realty Board in carrying out the pro - visions of the Ordinance in connection with this matter. Com. Seager moved that the Secretary be instructed to answer this letter thanking Mr. Smith for their interest and offer of assistance; however, stating that the Planning Commission's work on this matter is already completed. Seconded by Com. Patterson. Motion carried and so ordered by the Chairman. APPLICATION OF GLEE GRAY FOR REZONING Secretary read the application of Glee Gray for rezoning of Lot 2, Blk 133, re- subdivision of Corona del Mar from R -1 to R -2. 9om. ppatterson moved that the Secretaryy be, instructed ' to advise this party that this Board does not consider it 1' �J yam@ ,. W'F". `':Rr " advisable to hold hearings for spot zoning because such applications are usually refused._ Unless contiguous pro- perty owners are willing to join in the request, it is not advisable to proceed with this application. Seconded by Com. Estus. Motion carried and so ordered by the Chairman. Secretary read a communication from the Orange County Planning Commission inviting the Commission to attend a joint meeting of all City Planning Commissions in Orange County, the tentative data is set for April 17, 1940, 5:00 P.M. Com. Patterson moved that the Secretary be instructed to advise the Orange County Planning Commission that this Board would be pleased to attend if it can be arranged for some other date, this being our regular meeting night, but that the Secretary will attend in any event. Seconded by Com. Estus. , Motion harried and so ordered. It was the opinion of the Commission that this meeting would be very worthwhile and should be attended by all Commissioners if another date could be arranged, since matters of vital interest to this community will be dis- cussed. PLAN FOR COMFORT STATION AT 19TH ST. AND BAY AVENUE • Com. Patterson presented for approval by the Com- mission -plans for a comfort station to be erected at Bay Avenue and 19th St. This plan included ticket booths. I• Com. Patterson stated that he had been instructed by the City Council to present these plans for approval of the commission, since the Planning Commission must pass on the plans for any building to be erected by the City.; The ^,ommission discussed the advisability of approv- ing plans including a business element for this district.. Mr. Johnson stated that there is plenty of business in this district already. Com. Patterson did not believe there was any particular objection to this plan in the neighborhood. Com. Estus moved that the commission approve the plans as drawn for the comfort station at Bay and 19th St. with the exception that the ticket booths be eliminated from the building because it is going into an E -3 zone and cannot be approved in its entirety for that reason. Seconded by Com. Williams. Motion carried and so ordered by the Chairman. DISTRICT MAPS -Com. Patterson called. attention to the district maps made by his department and distributed to the members of the commission for suggestions. No reports had been received to date on these maps. Chairman Hopkins urged the members to have their reports ready as soon as possible so that the work on revamping the ordinance can be completed. • Com, Seeger commended Com. Patterson for his fine work on the district maps. ADJOURNMENT._ On motion of Com. Williams, seconded by Com. Estus and carried the meeting adjourned. Respectfully submitted, HOWARD W. SEAGER, ' Secretary, •