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HomeMy WebLinkAbout04/06/193840 I0 APRIL 6, 1938 THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session Wednesday, April 6, 1938 at 7:30 p.m. in the Coualeil Chambers, City Hall; Chairman Hopkins presiding. Meeting was called to order by the Chairman. ROLL CALL - Commissioners present: Hopkins, Seeger, Williams, Briggs, Schnitker,Findlay, Patterson, Whitson. Commissioners absent: None. City Attorney Thompson and Bldg. Insp. Nelson attended. Chkirman asked the pleasure of the Commission regarding the minutes of the two previous meetings. Co .Schnitker' moved that the reading of the minutes of meet ngs held March 16 and 23, 1938 be dispensed with as all members had received copies thereof and that they be appr ved as written. Seconded by Com.Williams. Motion carr ed and so ordered. of req to pli ami be exi ing at the aid mit as LICATION FOR VARIANCES lication of Gloria:Gartz, owner of Lot 1, Blk 1, See 5, a Island for a 60% front yard variance and a 16% side variance was read by the Secretary. He stated that the cation had been properly advertised and posted, cards to the surrounding property owners and all requirements e ordinance complied with. The original application sted a 50% front yard variance which was later chan® d by amendment to the application and the amended ap tion had been properly advertised and posted. irman Hopkins asked if any protests to allowing this nee had been received, any objectionf from the floor. were none. ns for the proposed byilding and plot plans were ex- d by the commission. irman Hopkins said that more than a 50% variance could lowed on minor ways when such variance does not affect ing buildings; he saw no reason to object to the gr6$t- f this variance. They are maintaining a 20 ft. alley e rear which is an asset to surrounding properties. .Seeger said he favored granting the variances and dared the rear yard set back of more value than the in this situation. er general discussion by the Commission, Com.Findlay that Resolution No. 119 be .adopted recommending to ity Council that a 60% front yard variance and a 16% yard variance be granted to Gloria Gertz on Lot 1, 1, Sec. 5, Balboa Island and that the same be trans- d to the City Council by the Secretary and a copy filed part of the minutes of this meeting. Seconded by Briggs. 0 Passed by the following Roll Call votes Ayes: Hopkins, Seeger, Williams, Briggs, Schnitker, Findlay. Noes: Patterson, Whitson. So ordered by the Chairman. - APPL CATION FOR VARIANCE Ap lication of Rolla R. Rays, owner of Lot 22, Tract 742, Balb a Island for a 50 %, 5 ft. front yard variance was read by t enSecretary. He stated that the application had been prop rly advertised and posted, surrounding property owners noti ied and all the requirements of the ordinance complied with we he irman Hopkins asked if there was anyone present who d to protest the granting of this variance. No response. plans and plot plan were examined and discussed bythe ssion. Com. Patterson said this is the same variance ve been granting to all applicants on the East Bay; w no objection to allowing the variance. opinion of the commission was that a 5 ft. set back line this building up with existing buildings in the bloc:. Co . Briggs moved the adoption of Resolution No. 120, reco =ending to the City Council that a 50A, 5 ft. front yard vari nee be granted to Rolla R. Rays on Lot 22, Tract 742, Balb a Island and that the same be transmitted to the City Coun it by the Secretary and a copy filed as a part of the min es of this meeting. Seconded by Com.Schnitker. Passed by the following Roll Call vote: Ayes: Hopkins, Seeger, Williams, Briggs, Schnitker, Findlay, Patterson, Whitson. Noes: None. So ordered by the Chairman. APPLICATION FOR VARIANCE Application of H. L. Johnson, owner of Lot 21, Blk 17,' Sec. 3, Balboa Island for a front yard variance in order to build a balcony overhanging 4 ft. 6 in. into the front yard was read by the Secretary. He stated that all requirements of the ordinance had been complied with; hearing advertised, maps and plans posted and notices sent to surrounding property owners. The plans and map showing location of existtng buildings were examined by the commission. Mr. Nelson ex- plained that the variance is requested to allow an open barony and bay window and also explained the position of existing buildings in the block. Chairman Hopkins asked if there were any objections to the granting of the variance. M . Beck, owner of a lot in the next block appeared to protest the variance. He felt that the set bach line had bee established for a purpose and should be kept intact and no variances granted. He had had other experiences with - hou es being built too close to.the lot lines and it reduced the value of his and other adjacent properties. He felt F_ r1 U 0 n U that he was speaking for all the surrounding property owners as it would affect and detract from the value of their pro party to allow this variance. He was making this protest for the general good of the neighborhood and not from a personal standpoint. Secretary stated that 12 owners had been notified and there' had been no other prothsts. Mr. Johnson felt his request was just and would injure no one. The balcony is to be open and will not materially effect anyone's view or shut off ventilation from adjoining houses. Mr. Beck's property is in the next block, is vacant and for sale. He will have the same opportunity to apply for a variance if he wishes to build. He feels he is not asking for anything unreasonable, but only what has been granted to other owners wishing to improve their property. The bal- cony,will extend only 4ft.61n. into the front yard. If nec- essary he will sign a statement that the balcony will not be enclosed. After discussion, the opinion of the commission was that allowing, the variance.,would mot materially injure the ad -_ joining properties. Com.Seager moved that Resolution No. 121 be adopted rec- ommending to the City Council that a 50% front yard varience7 be granted to H. L. Johnson on Lot 21, Block 16, Sec 3, Balboa Island and that the same be transmitted to the Citg Council by the Secretary and a copy filed as a pant of the minutes of this meeting. Seconded by Com. Briggs. Passed by the following Roll Call votes Ayes: Hopkins, Seeger, Williams, Briggs,`Schnitker, Findlay, Whitson. Noes: Patterson. So ordered by the Chairman. Mr. Johnson thanked the commission for the favorable consideration of his request. APPLICATION FOR VARIANCE Application of Grover T. Garland, owner of Lot 10 and Illy 15 ft. of Lot 9, East Side Addition of the Balboa Tract for a 5 ft, 50%+front yard variance to allow moving and remodeling of his house located on this lot, was read by the Secretary. Be stated that the hearing had been adverti- sed, plans posted, surrounding property owners notified sn d all requirements of the ordinance complied with. He said the proposed remodeling will be an Improvement to the pro- perty and there should be no objection to this request. Tie owner proposes to move the house out in line with other houses in the block. The plans and plot plan were examined and discussed by t,Ae commission. No one appeared to protest the granting of this variance. Com.Seager moved that Resolution Nol 122 be adopted re- commending to the City Council that a 50% front yard var- iance be granted to Grover T, Garland on Lot 10 and the \ V ly 15 ft. of Lot 9, East Side Addition of the Balboa Tract and that the same be transmitted to the City Council by the Secretary and a copy filed as a part of the minutes of this meeting. Seconded by Com. Findlay. Passed by the following Roll Call vote • Ayes: Hopkins, Seager, Williams, Briggs, Schnitker, Findlay, Patterson, Whitson. Noes: None, So ordered by the Chairman. APPLICATION FOR VARIANCE Application of J.E. and Florence Reimer, owners of Lots 8,9,10 and 11, Block 7, Balboa Tract for a 100% rear yard' variance was read by the Secretary. He stated that the hear- ing had been advertised, plans posted, notices sent to the surrounding property owners and all requirements of the ordinance complied with. The variance is requested 'to allow the building of a store to be occupied by the Safeway Stores. Chairman Hopkins declared the matter open for discussion. Plans and plot plan were examined by the commission. Com. Patterson called the attention of the commission to the fact that granting this variance would establisha 10 ft.` alley. This is the'firet building of permanent nature in this block and the commission should take this into consideration. It is an opportunity to establish a policy of favoring wider alleys. A 10 ft, alley is hardly wide enough to allow large • trucks to pass through. Com,Seager said Hr. Kinsfather, one of the owners in the block favored the variance as it would allow the construction of a large building which would be an improvement to the city, Com. Whitson said he had talked to several of the business men in the locality and they favored it. Louis Briggs, acproperty owner in the district appeared to protest the variance. He said that he was objecting as a former member of the Planning Commission who had been on the commission when the ordinance was adopted. )ouch thought had been given at that time to the rear set back requirements and in granting a 100% variance in the bush so - district the commission is setting a precident which is agaiz- st good planning. It will give other property owners a chance to ask for similar variances and will be detrimental to tie proper levelopmenj of the city. Narrow alleys effect fire insurance rates. t is impossible for a large fire truck to get through such a narrow alley. He considered a 100%r var- iance unreasonable and unwise. Com. Patterson inquired if the amendment allowing 100% rear yard variances was not to take care of residential districts only. Mr. Thompson said the amendment was general and applied to alleys all over the city. Com. Patterson said that alleys should be 15 ft. at the least in business districts to allow the big trucks to get through without damaging the buildings. Chairman Hopkins called the attention of the commission to the fact that the alley in question is not a through E alley only running for one block and serving only a few buildings. In this case he felt it might be allowed. Coma Patterson thought the building would be an ,improve- ment. It is not a case of objecting to the building but .a,' case of the policy we are establishing. Possibility of moving the building forward on the lot was discussed since they are planning an open space for drive in and parking in the front of the lot. It was pointed out by Com. Whitson that the Safeway require certain area in front and at the side for parking and the building must be built on the lot line in order to allow this space. Com. Whitson moved the adoption of Resolution No. 123 recommending to the City Council that a 100% rear yard variance be granted to J.E. and Florence Reimer on Lots 8,9,10 and 11, Blk 7, Balboa Tract and that the same be transmitted to the City Council be the Secretary and a copy filed as a part of the minutes of this meeting. Seconded by Com. Williams. Roll Call vote: Ayes: Hopkins. Seeger, Williams, Whitson. Noes: Briggs, Schnitker, Findlay, Patterson. Com. Patterson said hewould favor a 50% variance. The owners are dedicating five feet in the front of the build- ing for side walk which might be more advantageously used in the rear of the building. Mr. Thompson said the Safewa people will not accept the building unless it meets tith their requirements. Com. Seeger said he voted for the variance hoping to serve the best interests of the community as this is a major improvement which would add mudh to the city and which will not be built if the owners do not -get the request- ed variance. Chairman Hopkins asked the commission to consider thatth is alley does not connect with other alleys, he thought it too bad to discourage such an improvement to the community in- asmuch as keeping the required distance in the rear yard in this particular case will not improve existing conditions in other alleys of the business district. It was pointed out that a fence could be constructed on the lot line which would create the same narrow alley and would be allowed by ordinance. Chairman inquired if anyone wished to chase " -- their vote. Com. Schnitker said he had voted "No" because of his ex- perience with a 10 ft. alley at the rear of his building. It was continually being damaged by trucks. However, rather than discourage the building of such an improvement to the community, he would change his vote to "Yes ". Motion carried and so ordered by the Chairman. REZONING OF CITY PROPERTY, PARCELS "A" AND "B". Secretary read the letter sent to the City Council with the application as to the proposed use of said land if re- zoned. He stated that the application bad not been'returnid to him. • • Attny. Thompson said that he had been designated by the Council to present the matter to the commission and explain their reasons for requesting such rezoning. He explained that they wish to rezone Parcel "A" from R -3 to C -1 so that a public comfort station may be erected adjoining the public camp ground. Parcel "B" was acquired in a tax deal and oom- prises 3 acres. This property is not fit for anything except a trailer camp and the city intend to sell it in one parcel for that purpose, there being no trailer camp in the city at the present time. This property is not fit for resid- ential purposes and the city will be able to sell it in m e parcel'for that purpose for a substantial price if rezoned from R -1 to C -1. Com. Patterson said he had recently completed a survey of Parcel "B" and that the property line is part way up the hill, he did not believe they had known before just where the line was. Albert Barrail, owner of one of the lots adjacent to Par cel "E" by squatters' rights appeared to protest the city's owner- ship of this property. He was informed by the Chairman that this hearing was on <the rezoning of the property and not to establish ownership. He withdrew his objection. Chairman Hopkins suggested that it would be wise for the commission to inspect the property known as Parcel "B" Before taking action on this matter as they do not want to remove property on the hill bor business. He personally would like the opportunity to view the area in question. Com. Briggs moved to continue the hearing until the next regular meeting. Seconded by Com. $eager. Motion carried. So ordered by the Chairman. PETITION FOR REZONING OF CERTAIN AREAS TO PERMIT FISH - SMOKING The petition submitted at the last meeting March 23, 1939 for rezoning of certain area to permit fish - smoking as a home industry was presented for discussion by the Secretary. Attny. Thompson advised the commission that its action should be to amend the ordinance so as to permit fish - smoking as a home industry in this certain area. The same procedure mast be followed as for any amendment. Com. Patterson moved to send this matter to public hearing. Seconded by Com..Briggs. Motion carried and so ordered. Ph ING AREA AND CIRCULAR DRIVE Com. Patterson reported to the commission that the plan for parking space on the Ocean front had been modified to take care of the parking situation for this summer and was presented to the City Council for action at their last meet- ing. The matter was referred to the Planning Commission for approval and should have been presented at this meeting. No plans or other material were presented to the commission. Chairman Hopkins stated that the plan should be formally presanted to the commission for discussion and that as no formal presentation was made the commission could take no action. r Mr. Blake, resident of Corona del Mar appeared to in- quire if a Museum of Western and Indian relics could be established on his property which is ih an R -2 zone, He ass informed that he should, discuss his idea with Bldg. Insp. • Nelson, have plans drawn of the proposed building,and submit them to the commission for approval. A conditional permit might be granted for such an institution. Plans for a Bait and Tackle stand to be constructed on Coast Highway were presented for inspection by Bldg.Insp. Nelson. This matter was referred to the architectural committee and the plans turned over to Com. Findlay. Plans for a garage to be constructed at 109 Diamond St Balboa Island, requiring a variance were also submitted for discussion. The secretary was instructed to inform the ar- chitect, Frank Landsdown, that it would be necessary for them to make formal application for a variance. • 0 ADJOURNMENT On motion of Com. Williams, seconded by Com. Briggs, axd duly carried, the meeting adjourned. Next meeting April 20, 1935, 7:30 p.m. , Council Chambers. City Hall Respectfully submitted, Howard W. Seeger NEWPORT :BEACH CITY PLANNING COMMISSION