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Home My WebLink About04/18/19570 MINUTES, PLANNING CO!x&IISSION MEETING, APRIL 18, 1957 8:00 P.M. CITY HALL COUNCIL CHAMBERS NEGJPORT BEACH, CALIFORNIA ROLL CALL COMMISSIONERS PRESENT :LIND, SMITH, RUDD, LONGMOOR, COPELIN, KEENE & REED : COMMISSIONERS ABSENT :BRIGGS & HAYTON MINUTES : March 7, 1957 and March 21, 1957 Minutes of the adjourned meeting on March 7, 1957 and of the regular meeting on March 21, 1957 were approved on motion of Commissioner Copelin, seconded by Comm. Rudd and carried. VARIANCES #356 1. SLOPER, Frank A. & Florence 319 Sapphire St. Balboa Island 2. Lot 24 Block 14 Section 3 BI Tract Zone R -2 3. Posted April 8, 1957 Published April 11, 1957 4. An encroachment of 2' 6t1 into a required rear yard setback of 5' for second floor overhang only. 5, Require this added area to make apartment complete. 6. DISCUSSION : Note findings. 7. FINDINGS The Committee stated this request is one of similar approvals given where an encroachment of 2' 611 into a required rear yard setback of 5' for second floor overhang is applied for and recommended approval. 8. On motion of Commissioner Reed, seconded by Comm. Rudd, Variance application No. 356 was GRANTED by the following roll call vote, to wit: ALL AYES • Page - 2 - VARIANCES #357 1. ADAMS, James A. 117 Via Antibes Lido Island 2. Lots 1090 & 1091 Tract 907 Zone R -3 3. Posted April 8, 1957 Published April 11, 1957 4. Construction of a swimming pool on front half of lot.. 5. No other location possible. 6. DISCUSSION Note findings. 7. FINDINGS A report from the Committee revealed this variance. request to be in line with policy already estab- lished permitting swimming pools on frmt half of lots subject to the condition that a 5' fence be placed between the pool and front setback line and that a self closing latch 5' above ground level be attached to the gate. 8. On motion of Commissioner Lirid, seconded by Comm. Copelin, Variance application No. 357 was'GRANTED subject to the above conditions by the following roll call vote, to wit: ALL AYES #358 1. ALTMAN, Richard F. 2000 Commodore Road Newport Beach 2., Lot 43 Tract 3082 Zone R -1 -B 3. ,Posted April 8, X957 Published April 117 1957 4. An encroachment of 7',into.a required rear yard setback of 22'. 5. Lot not large enough to construct proposed house and attached. garages 6. DISCUSSION . An R -1 -B District requires the rear yard setback to be 20% of the lot depth with a minimum of 15' and a maximum of 251. Some of the Commissioners voiced the opinion that this section of the code should be revised to only require the minimum of a 15' setback. 7. FINDINGS The variance requested is in line with other applications approved in this area. The Committee stated the approval of this request in their . opinion would not be detrimental.to the general . welfare of persons residing in the neighborhood. 8. On motion of Commission Copelin, seconded by Comm. Rudd, Variance application No. 358 was GRANTED by the following roll call vote, to wit: ALL AYES. •Page - 3 • VARIANCES #359 1. SCMJAGER, Lesther H. & Irma Jean Balboa Blvd at intersection of 45th Street 2. Portion of Lot 8 Block 145 Canal Section Zone.R -2 3,. Posted April 8, 1957 Published April 117 1957 4. An encroachment of 10' into required front yard setback of 20' and a 5' encroachment into a required rear yard setback of 1Q'. _5. This is a renewal of variance application No. 289 approved by the Planning Commission on April 19, 1956• 6,. DISCUSSION : Note findings.. 7. FINDINGS : This is a renewal of Variance application No. 289 approved by the Commission on 4 -19 -56 but revoked under Section 9106.41, Ord. No. 635, on 10- 23 -56. The entire area has a 10' front yard setback and the Committee could find no basis . for not renewing,the previous application. 8. On motion of Commissioner Copelin, seconded by Comm. Rudd, Variance application No, 359 was GRANTED by the following roll call vote, to wit.. ALL AYES. #360 1. MILLER, Bradstreet Jr. 3610 Marcus Newport Beach 2. Lot 6 Block 336 Canal Section Zone R -2 3- Posted April 8, 1957 Published April 11, 1957 4. Extension of eave overhang on canal side to side property line and an encroachment of 1z' into a required rear yard setback of 3' for second floor overhang only, 5. This corner lot is only 277' wide. The house to be constructed will set back from the canal side line over the required 3' dis- tance to provide a semi -porch or yard on that side as well as an area of ingress and egress. The overhang will dress up this area and make it more usable and not interfere with anyone. This is a unique lot and situation. 6. DISCUSSION : Note findings. �. FINDINGS The Committee stated that the eave overhang would be on the canal side of the property and in no way would be detrimental to the general welfare of persons residing in the neighborhood. A recommenda- tion of denial was made for the requested 2nd floor overhang as it was observed by the Committee E 0 r� u • Page - 4 - VARIANCES #360 (con'd from Page 3) that everyone else on the block had conformed to the required rear yard setback. 8. Commissioner Rudd moved the Commission recommend the APPROVAL of the request for an eave overhang on the canal side of this property and that the request for 2nd floor overhang be DENIED, seconded by Comm. Lind and carried by the following roll call: vote, to wit: ALL AYES. #361 1. JORDAN, Huby & Kyrk Lu. 463 Serra Drive Corona del Mar 2, Lot 84 Tract 1237 Zone R -1 -B 3. Posted April 9, 1957 Published April 11, 1957 4. A 5' encroachment into a required 15` front yard setback. 5. ';le have two choices in building proposed residence on Lot 849, Tract 1237. One is to build for a view and so doing might ob- struct view of exisitng homes. The alternative is to disregard view and build house around the patio. This latter, we have elected to do. In order to have necessary room for the patio. and to have enough room for the garage, we respectfully apply, for a variance to permit a 10' side yard on Serra Drive. We feel confident that no existing property will be damaged by this variance. 6. DISCUSSION Note findings. 7.. FINDINGS This lot is an irregular shape and is a lower elevation than those lots improved to the west. The requested 10' setback would not harm the view of neighbors or be detrimental to the general welfare of persons residing in the neighborhood. 8. On motion of Commissioner Reed, seconded by Comm. Smith, Variance application No. 361 was GRANTED by the following roll call vote, to wit: ALL AYES. 1. CAUSEY, Gill B & Rhodes, Frank A. 2. Lot 3 Trac t 1049 3. Posted April 9, 1957 #362 1510 Abalone P1. BI Zone R -2 Published April 11, 1957 4. A 7' encroachment into a 10' required rear yard setback. 5. This encroachment is necessary in order to build a garage apartment which must be entered from a side street as there is not an alley to the rear. 6. DISCUSSION 7. FINDINGS • . Note findings. 4 .Page - 5 - VARIANCES #362 (con'd from Page )+) The variance requested was approved by the Commission on August 16, 1957 but revoked in accordance with Section 9106.41, Ord. No. 635, on February 20, 1957. The Committee found no basis for not renewing this application but did suggest that it be conditioned:by specifying that the garage space must be used for the parking of cars only. 8. On motion of Commissioner Copelin, seconded by Comm. Rudd, Variance application No. 362 was GRANTED subject to the above condition by the following roll call vote, to wit: ALL AYES. #363 1.. MACCO CORPORATION Irvine Terrace Corona del Mar 2. Certain lots Tract 2813 Zone "U" • 3 -. Posted April 9, 1957 Published April 11, 1957 4. Staggered_front yard_setbaaks with:.a minimum of 10' and a maximum of 184 on the following lots: _2 3,4,6 29,30 31,329339 34,65,66,67,68,69 ;71,72,73,75,76,77,79,60,81,62, & 63. 5. This is in keeping with the setback pattern developed in the existing section of Irvine Terrace. This is for the purpose of creating an interesting over all architectural pattern in Irvine Terrace. 6. DISCUSSION . Note findings. 7. FINDINGS : The Committee reported this variance to be in keeping with the policy established for this area in permitting staggered setbacks and in the absence of any protests recommended approval. 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance application No. 363 was GRANTED by the following roll call vote, to wit: ALL AYES. 0 0 Ll • *Page - 6 - VARIANCES #364 1. MACCO CORPORATION Irvine Terrace Corona del Mar 2. Lots 4,30,68,66,70,75,80 & 81 Tract 2813 Zone "U" 3. Posted April 9, 1957 Published April 11, 1957 4. Detached garages in front half of lot. 5. To coform with architectural design of existing Irvine Terrace. 6. DISCUSSION . Note findings. 7. FINDINGS The Committee reported this request to be in conformity with architectural design already existing in Irvine Terrace and in the absence of any protests recommended approval. 8. On motion of Commissioner Rudd, seconded by Comm. Copelin, Variance application No. 364 was GRANTED by the following roll call vote, to wit: ALL AYES. 1. BEAIAISH, Richard 2. Lot 7 Block 44 3. Posted April 81 1957 114 45th Street River Section #365 Newport Beach Zone R =2 Published April 119 1957 4. An encroachment of 2' into a required rear yard setback of 5� for second floor overhang only. 5. Need the room to construct a two bedroom apartment. 6. DISCUSSION Note findings. 7. FINDINGS Policy established by the Commission permits 2nd floor overhangs into certain rear yard setbacks. There being no protests the Committee recommended approval and stated that no evidence was of record to show that the variance would be detrimental to the general welfare of persons residing in the neighborhood.. 8. On motion of Commissioner Rudd, seconded by Commissioner Lind Variance application No. 365 was GRANTED by the following roll call vote, to wit: .ALL AYES. Page - 7 - VARIANCES • #366 1. 1iESTCLIFF COMPANY 1100 !Jestcliff Drive Newport Beach 2. Lot 4 Tract 3031 Zone R -1 -B 3. Posted April 9�, 1957 Published April 11, 1957 . 4. Construction of a detached garage on front half of lot. 5. To maintain architectural design adopt:l by the subdivider.. 6. DISCUSSION : Note findings. 7. FINDINGS L This request is in keeping with architectural design adopted by the subdivider and in the absence of any protests, the Committee stated . that no basis could be found for not approving. 8. On motion of Commissioner Reed, seconded by Comm. Rudd, Variance application No. 366 was GRANTED by the following roll call vote, to wit: ALL AYES. 1. WALTER, Max R. & Ruth L 2. Lots 26 -28 -29 3. Posted March 11, 1957 RESUBDIVISIONS #48 124 Heliotrope Ave. Corona del Mar Block A -35 Tract CDM Zone R -1 4. Creation of two (2) building sites. 5. Three lots as are shown on the map are impractical. Two lots out of the three will result in two nice building sites. 6. DISCUSSION This application was set over from the meeting of March 21, 1957 so that the applicant could furnish the City Engineer with topographical map showing how he was going to attain uninterrupted access to both parcels. A letter dated April 15, 1957 was received from the applicant requesting his application be held over until the next regular meeting as he was unable to furnish the map at this time. • 7. On motion of Commissioner Rudd, seconded by Comm. Copelin and carried, the request of the applicant to have his application set over until the next regular meeting was approved. •Page - B - RESUBDIVISIONS #51 1. STEVECHRIS HOMES 5300 Neptune Newport Beach 2. Lot 12 Block 53 River Section Zone R -2 3. Posted April 8, 1957 4. The applicant desires a resubdivision of this property so as to provide two (2) R -1 lots. 5. This resubdivision will allow most advantageous development of the land. 6. DISCUSSION Read to the Commission was a letter of protest from Mr. Irving C. Jordan who stated that the approval of this application would be "incon- sistent and bad precedent." Mr. Stanley Olhman, representing the applicant, spoke from the floor and stated that the lots were too deep for one building site and he be- leived the two R -1 lots would be a better de- velopment. • 7. FINDINGS The Committee in their report stated that the two lots would not meet the requirements of the subdivision ordinance as to square footage or depth and further that a policy was established by the Commission to not subdivide any lots west of 53rd St. because of the reasons as set forth above. 8.. On motion of Commissioner Copelin, seconded by Commissioner Rudd, Resubdivision application No. 51 was DENIED by the following roll call vote, to wit. ALL AYES. k52 1. CRA1,1FORD, C.M. 420 - 422 -424 Carnation Corona del Mar 2, Lots 2, 4 & 6 Block 431 Tract CDM Zone R -2 3. Posted April 8, 1957 4. Realignment of property lines. 5. In order to give more width to the lot for building purposes and give a bay view to three lots, and to minimize foundation requirements because of fill and underground pipes. . 6. DISCUSSION . Mrs. Edith Peterson & Mr. H.L. Hughs spoke from the floor and protested to the granting of this application. After considerable dis- cussion by the Commission with the applicant he requesteded that his application be withdrawn. JR,hse�8ack ontls�nBtTee o the requirement of a • i Page - 9 - • RESUBDIVISIONS #52 (con'd from Page 8) 7. On motion of Commissioner Keene, seconded by Comm. Rudd, and carried, the request of the applicant that his application be withdrawn was APPROVED. USE PERMITS #312 1. FEHREN, R.B. 2290 Channel Road Newport Beach 2. Lot 3 Block P Tract 518 Zone R -1 3. Posted April 8, 1957 4. The addition of a living room, dining and kitchen area, bath and entry to an existing non - conforming dwelling. 5.. DISCUSSION A Use Permit is required under Section 9105.7 (g), Ord. No. 635, for the alteration or addition to a non - conforming dwelling. This dwelling is non- conforming as the side yard setbacktas been violated. • 6. FINDINGS The Committee reported that an investigation had been made of the property as well as old records in the Building Department. Records from the. Department of Building & Safety disclosed that in 1949 permission was granted to make an ex -. tension to the non-conforming garage. In 1953 an additional permit was approved for interior improvements with no structural alterations to take place. Sometime during the period of 1949 to date,a4all has been constructed with a cantilevered roof from the dwelling to the wall. According to a building inspector the latter was done without a permit. Building Permit No. 14313 issued in 1953 was for the purpose of establishing a recreational room. The investigation revealed this structure was now in use as a regular dwelling unit. Because of the existing conditions as outlined above, a recommendation of denial was rendered by the Committee. 7. On motion of Commissioner Smith, seconded by Comm. Keene, Use Permit application No. 312 was DENIED by the following roll call vote, to wit: . AYES Smith, Rudd, Longmoor, Copelin, Keene & Reed. NOES Lind COMMISSIONERS ABSENT : Briggs & Hayton Opage - 10 - • USE PER14ITS #313 1. DILLEY, I;ialter E. 507 E. Bay Balboa 2. Lot 304 Block 5 Balboa Tract Zone C -1 3. Posted April 8, 1957 4. On -sale beer. 5. DISCUSSION This applicant previously applied to the Commission for permission to sell beer at this address but his application was denied by the following findings- "The residential zone, 120' from Cafe & Malt Shop, is comprised of apartments which are seasonal and attracts teen -age groups. Applicant has shown intent of enlarging establishment by providing 40 or more seats. The Commission feels this increased capacity would not be desirable for teen =age groups who are using near -by residential property." Mr. Dilley has now reopened his claim by the sub- mission of a petition signed by nine (9) near -by residential property owners who stated they had no objection to the sale of beer at this address. 6. FINDINGS The applicant was not present at this hearing and the Committee stated that in their opinion the petition which was submitted to reopen this claim was not sufficient to warrant any change in the findings of the previous application. 7. On motion of Commissioner Smith, seconded by Comm. Rudd, Use Permit application No. 313 was DENIED by the following roll call vote, to wit:- AYES e NOES COMMISSIONERS ABSENT • Lind, Smith, Rudd, Longmoor, Copelin, Reed. Keene Briggs & Hayton Page USE PERMITS #314 1. MILLER, Bradstreet Jr. 3806 River Avenue Newport Beach 2. Lot 4 Block 238 Canal Section Zone R -2 3. Posted April 89 1957. 4. The addition of a living room and kitchen to an existing structure which is non-conforming. 5. DISCUSSION The Commission was advised that the existing structure is in violation of setbacks. The dwelling is within 14" of the rear property line and the required setback is 41. The garage is 17' in depth, however the zoning code re quires a 20' depth. The applicant was present and stated to the Commission that the size of the garage prohbited him from being able to park his car inside. The Committee advised the applicant that the garage should be made accessable and suggested that . further study be mode and new plans be submitted • at the next regular meeting. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit No. 314 was set over until the next regular meeting by the following vote, to wit: ALL AYES. #315 1. LIDO PROFESSIONAL BLDG. 3355 Via Lido Newport Beach 2. Por. of Lot 4 and all of Lot 5 Tract 1117 Zone C -1 -H 3. Posted April 8, 1957. 4.1 Increase in height of existing building to 55' to permit the installation of a handball court. 5. DISCUSSION : Under Section 9103.53 the building height may be increased to a maximum of seventy -five (75) feet upon the submission of a Use Permit. Mr. Morris Smith, representing the applicant, stated that the handball court would be asadded service to the Dolphin Club and would not be a separate operation of the Lido Professional i Bldg. Mr. Smith further stated that the handball court., in his opinion, would not increase the membership of the club. Page - 12 - • USE PERMITS ##315 (con'd from Page 11) 6. Commissioner Lind stated that he could see no objection to the approval of this application as he did not believe the addition of a handball court would increase the occupancy of the building. Commissioner Keene requested the following to be made a part .,of the record regarding his feeling about this application:- "As the Commission will recall, I, as one Commissioner, was not in favor of the Membership Club and the extension of the building because of the serious situation as far as parking is concerned in the entire Lido business development. I was opposed to the Club at that time, as I felt there was a dire parking problem, and I still feel that there is. I can't quite understand or go along with the idea that additional facilities to the Club will not possibly increase membership. It seems to me that if you make a Club more attractive for the members, it makes it more attract- ive for the guests. Naturally, it*has a tendency to increase attendance, increase guests and increase membership. That being the case, again we go back to the'parking situation and guest . situation. Although it is not determined that the added.facility will add to the congestion and to the number of guests and the • number of members, I believe the added facility would do that. I am very much opposed to the granting of this Use;Permit." 7. On motion of Commissioner Lind, seconded by Commissioner Smith Use Permit application No. 315 was GRANTED by the following ro11 call vote, to wit: - .-V AYES : Lind; Smith, Longmoor,C.oPEL NOES : Rudd, Keene, R6ed COMMISSIONERS ABSENT : Briggs & Hayton #f316 1. I.IHITE, v1. Glenn 1112 J. Ocean Front Newport Beach 2. Lot 4 Block 11 Tract 234 Zone .R -1 3. Posted April 8, 1957• 4. The addition of a two bedroom house on a lot which now has a non - conforming dwelling. • Page -13 • USE PERMITS #316 (con'd from Page 12) 5. DISCUSSION This dwelling is non - conforming as there exists a 12" side yard setback and a 3' setback is re- quired. If an additional unit was built on this lot the present dwelling would become an accesmry building requiring a 51 setback from the alley and would be in excess of the permitted height of 15'. 6. FINDINGS : After considerable discussion with the applicant and fir. Lee Bolin, the Committee stated that they could not recommend approval for the reason that if ownership of this property changed it could easily result in a two (2) family site., It was recommended that the applicant attach the proposed new building on the front of the lot to the existing dwelling making one complete unit. If this was accomplished then the only non - conforming feature would be the 12" side yard setback. The applicant requested Commission, approval to • have his application set over until the.next : regular meeting so that he could study the proposal as set forth above. 7. On motion of Commissioner Rudd, seconded by Comm. Lind, and carried, action on Use Permit application No. 316 was set over until the next regular meeting. #317 1. MACCO CORPORATION Corona del I+Iar 2. Lots 1 to 180 Inc. Tract 2813 Zone "Unclassified" 3. Construction of single family residential dwellings in an "unclassified" district. 4. DISCUSSION : Note findings. 5. FINDINGS : A Use Permit is required under Section 9103.81 (a) of Ordinance No. 635 for construction of any type in an "unclassified" zone. Recommendation of approval was made by the Commission subject to the condition that the new dwellingsconform to R -1 restrictions and . requirements. 6. On motion of Commissioner Lind, seconded by Comm. Copelin, Use Permit application No. 317 was GRANTED, subject to the above condition, by the following roll call vote, to wit: ALL AYES. • • • Page - 14 - USE PERMITS #318 1. BIRD', Dr. Andrew G. 2464 Bayside Drive Newport Beach 2. Lot 17 Tract 2095 Zone "Unclassified" 1� Construction of a single family dwelling in an unclassified zone. 4. DISCUSSION Note findings. 5. FINDINGS A Use Permit is required under Section 9103.81 (a) of Ordinance No. 635 for construction of any type in an "unclassified" zone. Recommendation of approval was made subject to the condition that the new dwelling conform to R -1 restrictions and requirements. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit application No. 318 was GRANTED, subject to the above condition, by the following roll call vote, to wits ALL AYES. AMENDMENTS #33 1.,. EATON, S.E. and Alice F. Southwest corner of dhittier & 19th Sts. 2. Lot 1201 1st Add. to Newport Mesa Tract Zone "U" 3. Posted March 11, 1957 Published March 14, 1957 2nd Hearing 4. The Petitioner desires to amend Section 9103.8 of Ordinance No. 635 so as to cause this property to fall within an M -1 -A District. 5.. To establish a definite zoning in order to utilize property to. its full extent and its originally intended use and classification. 6. Commissioner Smith moved the Commission recommend to the City Council that this property, known as Lot 1201 - 1st. Add. to Newport Mesa Tract, be zoned from an unclassified district to an M -1 -A District, seconded by Comm. Rudd and carried by the. following roll call vote, to wits ALL AYES. 1. #34 THE BAYCREST CO. E. of Irvine Ave. between 20th and 21st Sts. • 2. Por. of Lot 157 Block 52 3. Posted March 11, 1957 Irvine's Subdivision Zone "U" Published March 145 1957 2nd Hearing 4. The Petitioner desires to amend Section 9103.8 of Ordinance No. 635 so as to cause this property to fall within an R -1 -B District. Page - 15 - • AMENDMENTS #34 (con'd from Page 14) 5. Applicant wishes to secure Commission approval for restricted residential development of the property in question. 6. Commissioner Keene moved the Commission recommend to the City Council that this property, known as Tract 3097, be zoned from an unclassified district to an M -1 -A District, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES. . . . . . . . . . . . . . . . On motion of Commissioner Copelin, seconded by Comm. Lind and carried, Resolution of Intention No. 612 to hold public hearings during May and June 1957 to establish setbacks on the property adjacent to the abandonded Bay Avenue was adopted. On motion of Commissioner Longmoor, seconded by Comm. Copelin and carried, the following action was taken on the report of • Commissioner Briggs in reference to the "City and County Dock Property " : - "The Planning Commission recommends that the report of Commissioner Louis Briggs' Committee be approved and, with maps attached, be sent to the City Council for its consideration with - a recommendation that serious study be given to the street pattern plan over the Lido Channel ad- jacent to the over - pass." On motion of Commissioner Lind, seconded by Commissioner Smith and carried, the following resolution was adopted : - RESOLVED, that the Planning Commission hereby expresses appreciation for the excellent service rendered by Commissioner L.[4. Briggs and his Committee in the prep - eration of recommendations and report regarding a plan for the disposition of the City and County Dock Property. • 10 0 COMMUNICATIONS 7 Page , 16 - Read to the Commission was a memorandum from R.J. Briscoe, Fire Chief, City of Newport Beach regarding present ordinances governing above ground storage of Class III flammable liquids,, such as Diesel Fuel,and his recommendation that Section 9103,,72 be amended or deleted. On motion of Commissioner Lind, seconded by Comm. Rudd and carried, this matter was referred to the office of the City Attorney for their study and recommendations. On motion of Commissioner Copelin, seconded by Comm. Lind and carried, Resolution of Intention No, 611 to hold public hearings during : 'May and "June - 1957 to zone the area known as the "Tustin Avenue and 22nd Street Annexation" was adopted. Business at hand being delcared . completed the meeting was adjourned on motion of Commissioner Reed, seconded by Comm. Copelin and carried. Ray Copelin S cretary