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HomeMy WebLinkAbout05/04/1938ix'" i } MAY 4. 193$, THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session Wednesday, Kay 4, 1938 at 7:30 p.m. in the Council ` Chambers, City Hall. ROLL CALL Commissioners present: Seager, Briggs, Patterson, Whitson. Commissioners absent: Hopkins, Williams, Schnitker,- Findlay. Attay. Thompson, B1dg,Insp..Nelson and Mr. Sampson attended. As there was not a quorum present, and upon the advice of Attny. Thompson, it was decided that the commission would proceed in an informal manner and consider those applications for variances and hearings which had been regularly advertis- ed for hearing at this time and receive evidence in connection therewith. The Secretary was instructed to act as temporary Chairman. HEARINGS APPLICATION FOR VARIANCE Application of John McLauchlan, owner of Lot 7, Blk 2, Sec 2. Balboa Island for a 100% aide yard variance to allow construction of a garage was read by the Secretary. Sec. Seager reported to the commission that he had viewed • the property and that there are special circumstances which make the granting of this variance necessary for the enjoyment of material property rights. The lots directly opposite Mr.. McLauchlan's property across the alley are fenced with a 6 ft. brick wall on the property line which makes entaance from the alley impossible. Mr. McLauchlan proposes to enter his garage from the front. Because of windows in the rear of his house the applied for position is the only permissible one in which to erect a garage. Mr. McLauchlan was not present. Mr. Sampson' advised the commission that Dr. Seeger's state -: ment could be used as evidence. No one was present to protest this variance. No written protests had been received. On motion of Com. Patterson the hearing on this application wee continued to the adjourned meeting to be held May 5, 133& APPLICATION FOR VARIANCE Application of Laurence VanMourick, owner of Lots 1 and 2, Blk 12, See. 1, Balboa Island for a 90%ifront yard variance was read by the Secretary. He explained that the peculiar shape of the lot makes this variance necessary for the . enjoyment of substantial property rights. The average set back of the building is within the requirements of the or- dinance, only the two corners extend beyond the required set back line. Com. Whitson remarked that this variance had been granted before under similar conditions. No one was present to protest the granting of this variance No written protests had been received. s After examination of the plane and plot plan by the com- mission, the hearing was continued to the adjourned meeting to be held May 5, 1939 on motion of Com. Patterson. APPLICATION FOR VARIANCE Application of Geoffrey F. Collins, owner of portions of Lots 15 & 16, Blk 6, Sec 5, Balboa Island for a 50%, 5 ft. front yard variance was read by the Secretary. Dr. Seeger stated that he had viewed the property and had found that then are special circumstances which make this variance necessary for the enjoyment of substantial property rights. Mr. Collins is not asking for any more variance from the ordinance that the other houses in the immediate neighborhood have. The lot is small and is ,a difficult building site. Mr. Thompson suggested that it should be investigated whether Mr. Collins owned this property prior to the adopt- ion of the ordinance; if he did not, he may not be permitted to build there at all as the lot area is smaller than is required by the ordinance, No one was present to protest the granting of this variance. No written protests had been received. On motion of Com. Patterson the hearing Was continued to the adjourned meeting to be held May 5, 1939- FIBST HEARING (ON AMENDING ORDINANCE 440 TO ALLOW FISH - SMOKING AS A HOME INDUSTRY) • Com. Seeger inquired if nayone present wished to speak on this matter. Mr. Johnson, owner of property in Block 219, Section A appeared before the commission to protest such amendment. He presented a petition signed by 85% of the property owners , in Block 219 protesting any amendment to permit fish - smoking in their block. He stated that they felt that their pro - party rights should be protected against any each use being allowed and filed the petition for the consideration of the commission. Mr. Dewey Souder spoke in favor of the amendment saying that if those desiring to engage in this industry meet the requirements of the Health Department, there should be no objection. He considered it less detrimental to property than industries such as manufacturing which is allowed in - 0-2 and M -1 district Attny. Thompson said the ordinance would have to be amend- ed to permit fish - smoking in all C -2 and M -1 districts in the City. It would not be possible to set aside certain block for such purpose. The ordinance cannot legally be amended to make fish- smoking a home industry since a home industry is any industry conducted within the home, while fish to smoked in a house apart from the actual residences The Secretary stated that there had been no other comments or protests received. On motion of Com. Patterson, the First Hearing on the Amendment to Permit fish- smoking was continued to the adjourned meeting, to be May 5, 1939- Ll U SECOND HEARING CONTINOEO (ON REZONING OF PARCEL s8 ", CITY PROPERTY) Secretary stated that this hearing had been continued from last meeting so that the City Engineer might prepare a map showing the property in question, also showing provision for an alley and street at the base of the bluff. Com. Patterson presented the map showing the property and said that he had not had time to. complete the map show- ing an alley and street. The proposed subdivision of this _property made some years ago made some provision for a street. He saw no reason to rezone the entire area below the fluffs for business. He thought there should be some division be- tween the business and residential areas and suggested that the city retain ownership of a strip of this land for park purposes. Com.Whitson said he had discussed the rezoning with Mr. Mine owner of adjacent property and he would rather not see the property from the base of the hill on up zoned for business.' Mr. Sampson called the attention of the commission to the fact that bog sign boards are claesdfied in the ordinance as business and if the hill is zoned for business large boards might be erected which would obstruct the view for the res- idents living on the bluff. The policy that is adopted on this piece of property will have to be followed on the rest of the privately owned property in the district. On motion of Com. Briggs the hearing was continued to the adjourned meeting to be hold May 5, 1935: Mrs. Ray Burlingame came before the commission to ask that Abalone Place be designated as the front of their property now known as Lot 49, Tract 742, Balboa Island. She also asked that the front set back requirement be re- duced from 10 ft. to 5 ft. Mr. Thompson advised her that thin would not be possible.. The commission can designate Abalone Place as the front of the property but cannot grant any variance in front yard requirements until the owners wish to build when they may apply for variance in the usual manner. Com. Whitson said that Mr. Burlingame is planning to divide the land into 3 parcels. Mr. Alexander came before the commission to ask that an amendment be made to the ordinance t0 allow shooting galleries He wishes to open a shooting in the Fun Zone and stated that it was possible to put in a gallery which is practically" noiseless by placing felt padding behind the steel walls. • He would like to get some action on such an amendment. Mr. Greeley was also present and said he had leased his second floor of the Pavilion to a man who wishes to install a shooting gallery. Mr. Thompson said that this had been discussed before. Mr. Hopkins' idea had been to first amend the ordinance to allow shooting galleries, then set up the regulations unders "` which they must operate. Mr. Sampson thought the matter might be handled by an amendment to Sectson 11 of the ordinance to allow specific types of shooting galleries in a C-1 zone. • Mr. Alexander adked if they could limit the number of galleries allowed to two or three. Mr. Thompson advised him that there would be many protests to such a proposal. He did not think it possible as it would be discriminating under the present ordinance. ADJOURNMENT On motion of Com.Briggs the meeting adjourned to May 5, 1938 at 7;30 p-m., Council Chambers, City Hall. Respectfully submitted, GL !/U toward W. Seeger, Sao ary, NEWPORT BEA CITY FLAMING CO SION • •