HomeMy WebLinkAbout05/12/1936Newport Beach-City Planning - Commission met in a
Special Session Mayl2, 1 936, at the City Hall,
7:30 P. M., Chairman Parks presiding.
PRESENT Parks Patterson, Fred Briggs, L.W.Briggs,
Palmer, Baum, +hompson.
ABSENT -- Mrs. Williams, Williamson, Consultant
Tilton.
MINUTES Reading of minutes of previous meeting
dispensed with, to save time at this special
meeting.
Chairman Parks presented the resignation, as secre-
tary, of Mrs. Williams.
Upon motion by Com. Baum, seconded by Com. F. W.
Briggs and carried, Mrs. Williams' resignation was
accepted.
Chairman Parks appointed L. W. Briggs as secretary
of the commission.
Mr. Mead's letter of April 21st, requesting a
variance, was reviewed, also Mr. Shook's protest
addressed to the city council as prepared by Mr.
Hyer.
Mr.Hyer_ speaking in behalf of his client, stated
that he had no objection to granting Mr. Mead any
variation that may be lawful. He objected to any
hearing by the commission at this time upon the
Mead matter, as, in his opinion, the procedure as
provided by the ordinance was not followed and there•
fore we did not have jurisdiction. He referred to t
the use of the words "shall post" as being manda-
tory and referred to the meaning of the word "post ".
Attorney Thompson read the portions of the ordinance
applicable to this situation and held that the
commission had obtained jurisdiction and was
qualified to act upon the application. He stated,
in answer to a further objection by Mr. Hyer, that
an original application should never be posted, only
a true copy thereof, and the required publication
being necessary.
A copy of the application was posted on the
bulletin board in the city hall for one week and
any maps, plans or other accompanying material
relating thereto were on file with the city clerk
and available to interested parties. Mr. Hyer then
conceded that the commission had jurisdiction.
The chairman asked if any person present desired to
make any comments on the application, but none
replied.
Mr. Hver inquired concerning certain measurements
of the Bead plans. Mr. Mead explained the plans
and his reasons for requesting the variances
applied for.
Mr. Baum stated that to the best of his recollec-
tion the average set back of the houses on the
same side of the street in that block that are ten
feet or less from the front property line is eight
feet. He later corrected this figure to seven feet.
Mr. Hver contended that under the ordinance we
could not recommend to allow a front set back of le
than one half such an average.
Mr. Baum spoke of a certain degree of flexibility
allowed the commission in applying these regula-
tions to property adjoining nonconforming uses.
Mr. Parks_ corrected Mr. Hyer's statement that this
was the first reouest for a variance, and stated
tnat this was the first one of many received that
the commission had considered wort of bringing
to a public hearing.
Mr. Hver stated that he would consider a bay
window, if roofed, as the front of the building.
Various members of the commission expressed the
opinion that Mr. Mead's plan as submitted was a
fair workout of the situation.
L. W. Brim-rs remarked that paragraph 3, article (0)
of Section 10 seemed ambiguous and asked Attorney
Thompson to interpret same, or clarify the wording.
Mr. Thompson held that existing dwellings, etc,
set back ten feet or less would be averaged, if five
or more in number, to determine the established
building line, and that special permission to build
to such a line was not reouired.
L. W. Briggs,moved that the commission recommend to
the council the granting of a conditional permit to ?
Mr. Mead reducing the front yard requirement in his
case to five feet. Motion lost for lack of a
second.
Mr. Nichols, speaking in behalf of Air. Mead,
stated that to him it would seem the only action to
be taken at the time .would be to recommend to the
council that the maximum allowance be made and
accurate measurements of the set back of the houses
in that .block be made before the council meets.Also
that the commission make findings for the benefit
of the council concerning the established set back
line.
The commission found that the established front set
back line in Block 13, Section 3, of Balboa Island,
on the east siae or Ruby Ave., is 'i.8 feet at this
time.
Moved by Com. F. W. Briggs, seconded by Com.
Palmer and carried, that in view of the finding as
above, agreed to by the protestant, through his
council, Grainger Hyersand Mr. Mead, that this body
recommend to the council the granting of conditional
permit to Mr. Mead to build within 3.8 feet of the
front property line of the lot in question, per-
mitting a reduction of the front yard requirement
to 3.9 feet.
There being no other written or verbal protests
presented at this public hearing, the commission,
on motion, adjourned.
B��RYI"`G"G'
Secretary. i
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