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Home My WebLink About04/15/195461 MINUTES OF THE PLANNING COMMISSION MEETING, THURSDAY, APRIL 15, 1954 - 7:30 PM CITY HALL COUNCIL CHAMBERS, NEWPORT BEACH. CALIF. ' Chairman Longmoor called the regular meeting of the Planning Commission to order. ROLL CALL: COMMISSIONERS PRESENT: Keene, Hayton, Copelin, Lind, Longmoor, Rudd ROLL CALL COMMISSIONERS ABSENTS Smith, Briggs, Reed MINUTES: The minutes of the meeting on March 18, 1954 were approved MINUTES upon motion of Com. Rudd, seconded by Com. Hayton, and carried. Application of Leon L. Hastings to allow a second story apartment to VARIANCES: overhang 30 inches into the"rearyard setback facing a 10 foot alley and to allow a stairway to said apartment to project 3 feet into the sideyard V - ,#130 setback as required by Section 9103.25 of the Municipal Code; and on Hastings, Leon property described as Lot 18, Block 26, Newport Beach Tract; further located at 128 - 27th St. The property is zoned R-2. The hearing was Lot 18,B1k.26 declared open. Newport Bch. FINDINGS: The second story extension of 30 inches into the rearyard Tract setback will not restrict the operation of vehicular traffic in the alley and is consistent with previously allowed overhans. The stairway as Grant ovenhan, requested to be placed in a sideyard setback is not consistant with the Deny stairway policy of the Commission and said stair can be placed within the legal in sideyard building area. The application was published and posted and there were no setback. objections. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Com. Rudd moved that the application be granted for the second story over- hang of 30" into the rear setback and deny the stairway to be placed in the sideyard setback. Motion seconded by Com. Lind, and carried by the following roll call vote, to -wits ALL AYES Application of Mrs. Carl Schiller for a 3 foot sideline setback on a 4 unit dwelling structure on Lot 22 and + of Lot 23 havinj a 60 foot frontage V - #131 and in Tract #1622. Said property is on Via Oporto and also fronts on the Bay in a C-1 -H zone. Plans for said structure have been in development Schiller, since Oatober 1953, and are now distressed due to Obd. #702 and Section Mrs. Carl 9105.4 (g) of the Code. The hearing was declared open. FPiDI`lGS: A ten foot front setback line has been established by a mutual Lot 22, and agreement of the property owners in Tract #1622, dated March 16, 1953, and I- Lot 23, is consistent with similar existing construction and the -3 foot sideyard Tr. , #1622 setback is from the edge of a stairway. The-.main building conforms with the required 4 foot setback. Plans have been under preparation in accordance GRANTED with Building Dept. requirements since October, 1953, and are distressed by Ord. #702, effective February 8, 1954. Com. Copelin,moved that the hearing be closed, seconded by Com. Rudd, and carried. Com. Copelin moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to�iwit: ALL AYES 62 V - ,#i32 Application of William R. Hagenbaugh for permission to construct ' Hagenbaugh, two 3-,mit dwelling structures with a center access court between consisting of Lot 24, and j of Lot 23 in Tract #1622, in a Wm. R. said buildings of less than 20 feet as required by Section 9103.37 Lot 24, L-11- Lot 234re distressed due to Ord. #702 and_Section 9105.4 (g) of the and a 3 foot sideyard setback which is less than the 4 feet City Code. A 4 foot setback is now required. The hearing was opened. Lot 20 & 3 required by Section 9103.37 of the City Code, in a C-1 -H zone. & part 4 Plans for said structure have been in development since October 169 1953, and is eonsistant with similar existing construction and Tr. #1622 1953 and are now distressed due to Ord. #702 and Section 9105.4 (g) main building line conforms with the required 4 foot setback. Plans of the Code. Property is located on Via Oporto and faces the Bay and have been under preparation in accordance with Building Dept. require- GRANTED is a parcel consisting of part of Lot 2, Lot 3, and a part of Lot 4 February 8, 1954. in Tract #1622, with an 83 foot frontage. Com. Copelin moved that the hearing be closed, seconded by Com. Rudd, The hearing was declared open. Com. Copelin moved that the application be granted, seconded by Com. FI^tDILGS: A ten foot setback line has been established by mutual Rudd, and carried by the following roll call vote, to -wit: agreement of property owners in Tract #1622 dated March 16, 1953. The 18 foot center access court is sufficient since all units also have a bay frontage. The 3 foot sideline setback is on one side only of each building, thus each unit should receive property light and air from the center court. Plans have been under preparation since October 1953 and are distressed by Ord. #702. Com. Rudd moved that the application be granted according to plans, motion seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES V - /133 Application of Harry M. Kelso for permission to build a 4 unit dwelling structure with a sideyard setback of 3 feet on a parcel Kelso, Harry :. consisting of Lot 24, and j of Lot 23 in Tract #1622, in a G-1 =H zone. Plans have been in development since October 1953 and Lot 24, L-11- Lot 234re distressed due to Ord. #702 and_Section 9105.4 (g) of the Tract ..t 1622 City Code. A 4 foot setback is now required. The hearing was opened. FI'J ,GS: A ten foot front setback line has been established by a mutual agreement of the property owners in Tract #1622 dated March 169 1953, and is eonsistant with similar existing construction and the 3 foot sideyard setback is from the edge of a stairway. The main building line conforms with the required 4 foot setback. Plans have been under preparation in accordance with Building Dept. require- ments since October 1953, and are distressed by Ord. #702, effective February 8, 1954. Com. Copelin moved that the hearing be closed, seconded by Com. Rudd, and carried. Com. Copelin moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES V - #134 Application of Mr. A. W. Lane for permission to construct a three story dwelling in an R-2 district with a maximum height of 27 feet Lane, A. 9. on Lot 3, Tract #1026 and located below the bluff at 901 Ocean Blvd. and access will be from a private way below the bluff. A maximum of ' Lot 3, Tr. 1026 two stories is allowed by Section 9103.32 of the Bity Code. The hearing was declared open. GRANTED FINDING.: The construction, of two adequate dwelling units with garages within the 2 story allowance would n6t properly develop the property. If the units are constructed as two separate 63 structures the land preparation cost would be prohibitive due to the ground contour. The top of the proposed building will be well below ' the level of Ocean Blvd. and thus will not restrict the view. The hearing was closed upon motion of Com. Copelin, seconded by Com. Hayton and carried. Com. Lind moved that the application be grantedA seconded by Com. Hayton, and carried by the following roll call vote, to -wits ALL AYES Application of Mr. & Mrs. Lars Lavagnino to allow the construction of V - #135 a four unit dwelling structure in a C -1 -H zone with a sideyard setback of 3 feet on a parcel consisting of Lot 1 and part of Lot 2 in Tract Lavagnino,Lars #1622. Said parcel has:. &,:52 foot frontage and requires a 4 foot sideyard setback according to Section 9103.37 of the Code. Plans have been under Lot 19 & part preparation since November 1953 and are distressed by Ord. #702 and Lot 21 Section 9105.4 (g)• The hearing was declared open. - Tract #1622 FIND". GS: A ton foot front setback line has been established by a mutual agreement of the property owners in Tract #1622 dated March 16, GRANTED 1953, and is consistant with similar existing construction and the 3 foot sideyard setback is from the edge of a stairway. The main building conforms with the required 4 foot setback. Plans have been under pre- paration in accordance with Building Dept. requirements since October 1953 and are distressed by Ord. #702, effective February 8, 1954. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Com. Copelin moved that the application be granted, seconded by Com. ' Rudd, and carried by the following roll call vote, toq -wit: ALL AYES Application of Ira W. Smith to allow a 5 foot rearyard setback on a V - 7 garage addition on Lot 43, Tract #1237, Corona Highlands, and further located at 461 Morning Canyon Road. Said building is to house a play- Smith, Ira W. room and home hobby shop. The existing garage is now 5 feet from the rear property line. The hearing was declared open. Lot 43, FINDINGS: Existing buildings on adjacent properties have lesser set- Tract #1237 backs. Construction of an alley behind said property is not necessary and the 5 foot setback will in'no way be detrimental to said Lot 43 or Granted adjacent property. Letter of agreement signed by -five of the surrounding property owners is a part of the application. No objections were received. Conditions: Building to be used for a hobby room, home workshop, or play- room only, and not to be used as living quarters. The hearing war closed upon motion of Com. Copelin, seconded by Com. Keene, and carried. Gom. Keene moved that the application be granted, seconded ty Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES Application of Paul Ciraci to construct a second story with an overhang V - #137 of 30 inches into the rear yard setback on Lots 32 and 33, Block 13, See. 4, Balboa Island, and further located at 307 -309 Marine Ave., in a C-1 Ciraci, Paul District. This Variance also to allow a zero sideline setback on a residential second story. The hearing was declared open. Lots 32 & 33,B1k.13 Sec. 4, Balboa Island Granted 64 V a #138 Zillgitt, Elwood Lot 1, Blk. 1 Section 4, Balboa Island DENIED FINDINGS: Adjacent and surrounding properties already have the advantage of a 8edond story overhang. A center court is pro- vided for light and air and any windows which might open on the , sideyard will be provided with a well of adequate dimensions. A zero frontyard setback is consistant with existing adjacent construction. The hearing was closed upon motion of Com. Hayton, seconded by Com• Rudd, and carried. Com. Lind moved that the application be granted, seconded by Com. Hayton, and carried by the following roll call vote, to -wits I:iAi�:�1�9 Application of Elwood Zillgitt for permission to remodek an existing house. Said house is located on the rear or northerly 35 feet of Lot 1, Block 1, Section 4, Balboa Island, which lot is 30 feet wide. Thus the building site is 301 % 351. The address is 104 Onyx Ave.. Applicant is as4ing for a variance to construct a living room in the only available garage space,to extend a brick veneer facing into the front yard setback, which setback is already non - conforming, and to construct said addition of living room 3 feet from the rear property line. The hearing was declared open. FI.DIyGS: The front of the house is now very near the property line and non - conforming with the required 6 foot setback. The lot is 30 feet by 35 feet with only 11050 square feet of area, and is of illegal site. The elimination of the offstrest parking space which should be used for a carport or garage mad certainly set a.bad precedent and is not in legal accord with the reasons for allowing a variance as , set forth in Section 9106.3 of the City Code. The house. can be designed to offer substantially the same benefits to the owner and include an adequate legal size carport or garage with a deck over which can be constructed for a patio. Mr. Holbrook, the Planning Commission Administrative Assistant, together with Mr. Nelson, the Chief Building Inspector, inspected the property and explained all of the above facts, with suggestion as to how the house could be arranged,•_to Mr. Zillgitt, before Mr. Zillgitt did any of the art work he preseutedto the Commission. The property is not legally large enough to provide space for all of the owners requirements as presented to the Commission and remain in accord with the Zoning Law. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Com. Lind moved that the application be DENIED, seconded by Com.,Radd, and carried by the following roll call vote, to -wits AYESs Keene,.Copelin, Lind, Rudd NOESs Hayton, Longmoor ABSENT: Smith, ffii.ggs, Reed 65 Application of the South Coast Co. to use C-1 property owned by the USE PEWITS Pacific Electric Co. for continued use of lumber storage. Said prop- U.P. ' erty is located between Newport Boulevard and the P. E. depot and between 23rd and 26th Streets. renewal r The hearing was declared open. FINDINGS: No complaints have been received concerning the present So. Coast Co. usage of property, and the gouth Coast Co. is complying with the con- ditions imposed for parking. 23rd & 26th Sta. Conditions: Subject to requirements of all governmental agencies-having jurisdiction in such matters. Off street parking to be provided as is GRANTED presently provided on Lots 2, 3, and 4, Block 22, Newport Beach Tract. for 6 months. This use permit is granted for a 6 month period only. The hearing was closed upon motion of Com. Lind, seconded by Com. Hayton, and carried. Com. Lind moved that the application be granted, seconded by Com. Hayton, and carried by the following roll call vote, to -wits ALL AYES Application of Earl F. Brunk for permission to operate a cabinet shop in a C-2 district within the rear of a building on Lots 10 & 11, Block 43, U.P. #134 Laneasters Addition, and further located at 411 - 31st St. in Newport Beach. Said cabinet shop to be operated only between 700 A.M. and dunk, Earl F. 5:30 PM with no Sunday operation. Lots 10 & 11, B1k.43 The hearing was declared open. FINDINGS: Adjacent and surrounding properties are in a C-1 or C-2 Lancasters Addition ' district. The location is suitable for a cabinet shop operation. Conditions: Cabinet shop to be operated only between the hours of 700 AM and 500 PM and with no Sunday operation. No materials are to GRANTED be placed or stored, or cabinet or building operations to be performed in the yard areas unless such areas are surrounded with a 6 foot high solid board fence. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and Carried. Com. Gopelin moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES Application of the Stafford Electric Co. to operate am electrical oontract- ing business in a C-1 H %one on Lot 43, and southerly * of Lot 42 in Tract #1133 and on the northeast corner of Avon Ave. and Riverside Ave. U.P. #135 Parking as required by the H District will.be provided. The hearing was declared open. Stafford Electric Co. FINDINGS: The property location is suitable for the operation of an Lot 43, and part electrical contracting business, and the plan which is a part of this Lot 42,Tr. #1133 application shows the required off - street parking. The property is not adjacent to an R-1 lot. GRANTED Conditions: All materials are to be stored within a building and parking to be in accordance with plan submitted and made a part of this applioa- tion and permit. Com. Co lin The hearing was closed upon motion of Com. Keene, seconded by Pe , and carried. Com. Keene moved that the application be granted, seconded by Com. Cop elin, and carried by the following roll call vote, to -wit: ALL AYES •+ ALL AYES Application of Lonald M. Hummel to operate his Credit Bureau in U. P. X136 an R-1 District during construction of a new 6ffide building on Hummel,Donald an adjacent C-1 -H lot onto the R-1 lot and converted into a Jones, Paul C. single family residence upon completion of the office building. Lot 41,Tr.1133 ' The hearing was declared open. GRANTED for FIGNDINGS: The present business of the'Credit Bureau is being carried 8 on in a converted residence type structure on a C-1 -H district lot. months only Few people know or suspect it is a commercial enterprise. 'There is Tract, no business activity outside the structure, as the majority of the business is by telephone. The R-1 lot next door was previously zoned C-1 and is so located that its temporary use for location of the present credit business structure will in no way interfere with adjacent vacant residence property. To stop the business and move to new temporary Auarters, thus causing two periods of stappage, could create a great inconvenience to residents and business concerns throughout the City who operate by credit. Conditions: This Use Permit to terminate as soon as the new building on the adjacent C-1 -H Lot (N'ly * of Lot l,2, Tract #1133) is ready for occupancy or on and not to exceed December 31, 1954. The hearing was closed upon motion of Com. Keene, seconded by Com. Rudd, and carried. Com. Keene moved that the application be granted for an 8 month period, seconded by Com. Rudd, and carried by the following roll call vote, to -wits ALL AYES U. P. ;138 Application of blizabeth Chattuck to operate a day nursery for children_ on Lots;;2.and 3, Block 225, Section A, Newport Beach Tract, further Chattuck, Eliza- located at 2804 Newport Blvd. beth The hearing was declared open. FIPTIAGS: The yard facilities can be utilized for playground acti- Lots 2 & 3, vities and the property is located in a C-1 district. Operation of , Block 225, a nursery should not interfere with adjacent property. Section A, Conditions: Property is to be properly fenced and electric switch Newport Bch.Tr. panel and service arranged to protect children from any possible dangerous contact with electrto conductors. Any condition existing at Application of Paul C. Jones to use two 1-2 lots adjacent to a C-1 U.P. X137 property for free customer park ing in connection with his Real Estate business on said adjacent C-1 property. Said R-2 lots we , Jones, Paul C. Lot 19 and Lot 209 Block 23, in Newport Beach Tract. The hearing was declared open. Lots 19 & 20 FINDINTGS: Rrl lots 19 and 20, Block 23, in .Newport Beach Tract, side Block 23, on Balboa Blvd, and are adjacent across an alley to C -1 District Newport Beach property. The R-2 lots are well located for free eustomer.parking. Tract, Conditions: Said property or section of property to be used for parking is to be black topped or paved to eliminate any possible dust conditions to develop, and adjoining R-1 properties shall be protected from damage or, nuisance caused by the permitted parking usage. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Com. Copelin moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES U. P. ;138 Application of blizabeth Chattuck to operate a day nursery for children_ on Lots;;2.and 3, Block 225, Section A, Newport Beach Tract, further Chattuck, Eliza- located at 2804 Newport Blvd. beth The hearing was declared open. FIPTIAGS: The yard facilities can be utilized for playground acti- Lots 2 & 3, vities and the property is located in a C-1 district. Operation of , Block 225, a nursery should not interfere with adjacent property. Section A, Conditions: Property is to be properly fenced and electric switch Newport Bch.Tr. panel and service arranged to protect children from any possible dangerous contact with electrto conductors. Any condition existing at 67 present or which might develop hereafter and which may be considered detrimental to children welfare by the Planning Uommission or other ' governmental agency, shall be corrected immediately or this Use Permit shall terminate. The.hearing was closed upon motion of Com. Lind, seconded by Com. Copslin, and carried. Com. Lind moved that the ipplicstion be granted, seconded by Com. Copelin, and carried by the following roil call vote, to -wits ALL AYES Application of Theodore Robins for permission to Operate a new and Used car sales room and repair shops within a building and with off- street parking as shown on a plot plan which is a part of this application U.P. ;139 on Lot Fs"Tract #9199 and further located at 3136 West Coast Highway. The hearing was declared open. Robins, Theo. FINDINGS: Lot P in Tract #919 is well located for an automobile sales and service business, and is of much greater area than other Lot F, Tr. #919 such business operations previously allowed. The location of the off - street parking as shown on a plot plan made a part of this appli- cation is adequate and the planned entrance -exit should cause no GRANTED congestion on the Coast Highway. Gonditions: Off- street parlping to be maintained for customers and employees as shown on the attached plan which is a part of this permit and application. Said parking is not to be reduced or altered without the approval-of the Planning Commission. Said plot plan shows 8 usable diagonal paring spaces at the West Coast Highway front entrances and 10 usable spaces in the rear lot area for customer parking plus 6 or more employee parking spaces. A driveway at said front entrance on ' West Coast Highway to be 28 feet wide on said Coast Highway, and to include a two -way drive and an awaiting service line. Said two -way drive to be not less than 18 feet im width. Said 8 diagonal parking spaces to be on the westerly side of and adjacent to said two -way drive, and in addition to said 28 foot wide entrance. Said parking spaces shall be not less than 8 feet wide each, and of sufficient length to park any car using thus and keep said two -way drive clear of parked.vehicles. The hearing was closed upon motion of Com. Copelin, seconded by Com. Keene, and carried. Com. Copelin moved that the application be granted, seconded by Uom. Keene, and carried by the following roll call vote, to -wits ALL KYES Application of British Motors Inc. to operate a new and used car sales U.P. X140 lot at 803 Coast Highways Corona del Mar on Lot 4, Block Is Tr. #323 and located on the southwest corner of Coast Highway and Larkspur Ave. This location formerly used by C. E. Sismonsma (Buick dealer) for used British Motors cars sales permitted by Use Permit #90. This permit went to the Council Inc. becaase of an objection, and was granted by the 6ouncil. This application #140 received April 13, 1954 and posted on that date. Lot 4, Block I, The hearing was declared open. Tract x323 FTNDIP <GS: Lot 4, Block I, Tract #323, s� as previously Buuseddealer,sery ae GRANTBD ' station and more recently used by E , used car sales outlet under Use Permit #909 which application went to the Council because of an objection. The Council upheld the Planning Commission and the permit was issued. The lot is well suited for an auto sales lot. 0 Conditions: This Use Permit shall terminate on April 30, 1955 unless terminated sooner by automatic clause or violation of application or permit requirements. Property is to be maintained in a neat and orderly manner. The hearing was closed upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Com. Copelin moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wits ALL AYES TE\'TATD,�, P By motion of Com. Copelin, seconded by Com. Rudd, and carried, OF hearing on Tentative Map of Tract #2187 was set over until the TRACT - =218'7 meeting of May 20, 1954 to allow publication of the hearing and set.over for posting of the property, and to allow further study by the hearing Commission. Rt Seo Cop' lin tarp jm u A letter from Larry Wise enclosing a copy of the City of Concord Define Ordinance regarding a definition of professional offices was dis- Professional cussed IV the Commission. Chairman Longmoor ordered that the Admin- Offices istrative Assistant send out mimeographed copies to each commissioner for study and discussion at the meeting of May 20, 1954, for the purpose of possible amendment of the Zoning Ordinance to define a professional office. Request for Request for re- subdivision of a parcel of land, by Mr. Jack M. Re- subdivision Hubbard. The applicant was instructed to file a Variance for consi- deratinn at the next meeting May 20, 1954. As there was no- further business to come before the Commission, the meeting was adjourned upon motion of Com. Copelin, seconded by Com. Rudd, and carried. Rt Seo Cop' lin tarp jm u