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HomeMy WebLinkAbout05/20/1948E10 The Newport beach City Planning Commission held a regular meeting, Thursday, May 20, 19480 in the Council Ohamber, City Hall, with Chair- man Longmoor presiding. ROLL CALL Commissioners.presents Baltz, Copelin, Daniell, Ellerbroek, Johnson, Longmoor, Pleger, Rudd and Wightman. (Eller - brokk late) Commissioners absent: None. MINUTES Commissioner Johnson made the motion for the approval of the minutes of the meeting of April 150 1948, as read. Motion seconded by Commis- sioner Rudd, and carried. P.BLIC HEARINGS Final hearing upon the application of Margaret J. and George H. duBarry for rezoning from R -2. to C-1 of Lots 5, 4, 50 and 6, Block 'N', Seashore Colony Tract, West Newport, and, to raise the height limit to five story apartment height with a penthouse on top, was declared. Mr. duBarry was present and argued his case, pointed out that this property is a l3gical and adequate location for an apartment house, and would be very important to many people, as Newport is growing with no place in the entire area for large apartment houses. Chairman Longmoor asked for view of those in attendance, some fifty persona were present, for expressions of new ideas, but requested no repititions of last meeting'e protests, bfat >.enly Mr. Eaton, 5806 Seashore Drive spoke, as he had not been present at the last meeting, stressing his hopes that the zoning would not be changed from residential, to which Mr. Hall of 7308 agreed. Commissioner Cope- lin made the motion, seconded by Commissioner Baltzo for closing the hearing, which carried, and, Commissioner Johnson then gave the report of the committee, stating "it is one and a half miles from these lots to the nearest business ventures of any type, also, we have petitions, signed by seventy property owners, protesting, therefore, the granting of such an application would be an example of 'spot zoning', and, this committee recommends that this application be denied." Commissioner Wightman made the motion, seconded by Commissioner Johnson, for the re- commendation of the Commission for the denial of the application by Mr. and Mrs. duBarry. This motion carried by the following roll call vote: ROLL CALL VOTE AYES: Baltz, Copelin, Daniell, Johnson, Longmoor, Pleger, Rudd, and Wightman. NOES: None. ABSENT: Ellerbroek. (arrived later) First hearing upon the application of Mr. C. F. RexRecha, for rezoning from R -2 to C-1 of Lot 59 Block 25, Newport Beach Tract (2308 West Ocean Front)} to build an eight unit addition, and three garages, to the pros- ent Ocean Front Hotel, was declared, same having been duly filed and advertised. No protests were heard or received, and Commissioner Cope- lin made the motion, seconded by Commissioner Pleger, that this matter be set to the next meeting for final hearing. Motion carried'and so ord- ered. Hearing upon this application of Mr. Marc C. Goodnow, and Thomas R. Lyon for 50% rear yard setback variance for Lot 5, Block A, Tract 518, was de- clared, same having been duly filed and advertised. Committee report was given by Commissioner Johnson, who stated, "this lot is in the area where four or five lots have recently been granted rear yard setback variances, , so it seems right that this should be granted." Commissioner.Johnson made the motion, seconded by Commissioner Rudd that the hearing be closed, which carried, and, Commissioner Rudd made the motion, seconded by Commis- sioner Pleger, for the approval of this application by the Commission, ROLL CALL VOTE which carried by the following roll,call votes AYES: Balta, Copelin, Daniell, Ellerbroek, Johnson, Longmoor, Pleger, Rudd and Wightman.' NOES: None. ABSENT: None. Hearing upon the application of Mr. H. F. Witt, for 50% ride yard set- back variance, for Lot 4, Block 26, Newport Beach Tract (2606 Ocean Front, ' Balboa), was declared, same having been duly filed and advertised. Com- mittee report was given by Commissioner Johnson, who stated, "this owner apparently wants to use more.of his lot,area than the ordinance permits, so the committee feels that it would be (spot zonings, so does not recom- mend." Commissioner Copelin made the motion for closing the hearing, seo- onded by Commissioner Johnsong which carried, after which Commissioner Johnson made the motion for recommending the denial of this application, which was seconded by Commissioner Copelin, and carried by the following roll call votes AYES: Baltz, Copelin, Daniell, Ellerbroek, Johnson, Long - moor, Pleger, Rudd and Wightman. NOES: None. Hearing upon the application of Mr. Charles gatrholomae, for a 50% side yard setback variance for Lot 18, Block F, Tract 5189 was declared, same having been duly filed and advertised. Commission report was given by Commissioner Johnson, who stated, "CommissionedoeA ; hotswadt to grant var- iances, and, are co�cerned with precedent ". Commissioner Wightman point- ed out that this pettibular lot would present a traffic hazard if the view were obstructed by ) uilding further out, if the variance were granted. Commissioner Pleger suggested that " variance be granted on the rear thirty feet next to the alley, on the aid& street. Mr. Bartholomae was present and explained that hie problem is due to a telephone pole, which is so placed that unless this variance is granted, same will obstruct his garage. Commissioner Jo!aison stated that it should.be up to the telephone company to move the pole, for the best interests of all, to be up to the telephone company to move, to which Commissioner Rudd agreed, and Mr. Webb, ' City Engineer, stated "the teleN=e company is very cooperative ". Commis- sioner Copelin made the motion, seconded by Commissioner Rudd for the hear- ing to be closed, which carried, and Commissioner Johnson made the motion, seconded by Commissioner Rudd, for the denial of this application, which carried by the following roll call vote: AYES: Baltz, Copelin, Daniell, Ellerbroek, Johnson, Longmoor, Rudd and Wightman. NOES: Pleger. Hearing upon the application of Mr. Harold Sweetser, for 50% rear yard set - back variance for Lot 7, and part of Lot d, Block 156, River Section, was declared, same having been duly filed and advertised. Commissioner Copelin gave the committee report, stating that he felt no justification for grant- ing this variance, as request is based on some of the garages in the block, being setback, but, these are non - conforming and old. Commissioner Daniell made the motion for closing the hearing, seconded by Commissioner Baltz, which carried, and, Commissioner Daniell then made the motion for the appro- val-of this application, which was eedondedby Commissioner Baltz, but did not carry by the following roll call votes AYES: Baltz, and Daniell. NOES: Copelin, Ellerbroek, Johnson, Longmoor, Pleger, Rudd and Wightman. The hearing, tabled from the April 15th meeting, on the matter of the appli- cation of S. R. Monaco, M. D., for conditional permit for Lot 9, Block 884, (816 West Central Avenue, Balboa), to extend the present building for an office for the practise of medicine, was declared. Dr. Monaco was present with.new plans for a parking lot on the adjoining Lot 8, (owned by him). ' Chairman Longmoor explained that the Commission would recommend this appli -, cation be granted providing the adjoining lot be used for the parking of Dr. Monacoss clients. No protests were received or heard. Commissioner Baltz made the motion for closing the hearing, which Commissioner Rudd sec- onded, and which carried, after which Commissioner Daniell suggested that the Commission recommend that this application be approved, and, that the Zoning Ordinance be amended to make the parking lot part of the plane, and, later made the motion for the recommendation for the granting of a condi- 43 ROLL CALL VOTE ROLL CALL VOTE ROLL CALL VOTE 44 tional permit to Dr. Monaco on Lot 9, Block 884, in accordance with the Plot Plan attached therewith, and with the proviso that the granting of this conditional permit is contingent withthe adjoining lot, which is owned b:.Dr. Monaco, being used as a private parking lot only for the benefit of his clients, it being the policy of the Commission to require off- street parking for permits of this nature in R -5 zones. Motion seconded by Commissioner Boltz, and carried by ROLL CALL VOTE the following roll call vote: AYESs Baltx, Copelin, Daniell, Eller- broek, Johnson, Longmoor, Pleger, Rudd and Wightman. NOES: None. Commissioner Pleger then made the motion that "it is the recommenda- tion of the Planning Commission, in view of the conditions that have arisen, and may arise in connection with the recommendations of the Planning Commission, for the conditional permit of S. R. Monaco, M.D. that the City Council adopt an amendment to the Zoning Ordinance 525 or adopt a new ordinance, which will enable the Commission to grant additional permits of this nature, in which off - street parking and other conditions that may be stipulated as a part of the conditional permit! Motion seconded by Commissioner Ellerbroek, and carried by ROLL CALL VOTE the following roll call votes AYESs Baltz, Copelin, Daniell, Eller- broek, Johnson, Longmoor, Pleger,.Rudd and Wightman. NOES: None. OLD BUSINESS Commissioner Johnson brought up the matterof the Commission's recom- mendation to the Jity Council for the rezoning of the City property on the Coast Highway to C-1, to correspond to tkfe rezoning to O-1 of the Irvine property across the Highway, and suggested that a letter be directed to the City Council on this, as the City Council has apparently not yet taken any action. NEW BUSINESS Yr. R. S. Pattison, owner of three lots on the Ocean Front, present, stated that he had had same surveyed, as had his neighbor, for his lot which adjoins, but the surveys were differenr, and apparently his neighbors houe is now the and a half feet over onto his property, so aksed if he would be justified in requesting a 50% setback for his property, to off -set this. After discussion, Mr. Webb suggested that a resurvey be made first. COMMUNICATIONS Mr. Bert Morris was present and rgquested clarification of the.area required for a garage or car storage, to which Commissioner Pleger stated "a garage or parking space must be accessible and adequate", and Chairman Longmoor that "eight feet by twenty feet should be the minimum.for one, or each car" Mr. Morris' letter was alsb read. 1 Application of Mr. R. H. Files for a 50% front yard setback variance for _ot 8, Block 19, First Addition to Newport Beach, received too late for advertising for public hearing for this meeting, "a read, and set for hearing on June_17, 1948, and, Chairman Longmoor appoint- ed a committee of Baltz, Daniell and Nelson to check and report. The application of Mr. R. J. Weston, also for a 50% setback variance was discussed, and not recommended for approval, (informally), as same presented another case of changing of lot areas around, making new lots with areas too small, as perscribed by the ordinance. ' Seerctary Ellerbroek read the application of Mr. Callahan, owner of a lot on the East Bay Front, Balboa Island, for a 5(Y. setback on the northwest side, which also was not recommended for approval (informally) Commissioner Pleger presented plans for review by the Commission for. Mr. Krtucher, for a home to extend across the front of four lots, with 45. three rental units arranged across the rear of these same four lots said 1 is being zoned R -1, with the question being whether such plane would be within the scope of R -1 zoning, which brought out that the City Attorney Thompe n has recently compiled clarification and inter- ' pretation of R -1, R -2 and R -j zoning; that for R -1 being, "no build- ing will be authorized that contains more than one unit." Chairman Longmoor reported that no action had been taken by the City PLANNING Council on the matter of acquiring a Planning Consultant 'p. but that CONSULTANT a new suggestion had been made by Mayor Drake and Mr. Diggs, Orange . County Planning Commission head, that of the possibility of the City of Newport Beach being given the services of the Orange County Plan- ning Commission and its staff, at no cost to the City of Newport Beach, which Mr. Diggs pointed out would make for better coordina- tion between the two bodies, and mor direct coordination. Chairman Longmoor outlined the problems now befor the Planning Commission which has brought on the immediate need of a Planning Consultant, as, (1) revamping of the ordinances, (2) survey of Band uses, (5) make a new zoning ordinance, (4) new subdivision ordinance, (5) street and right -of -way (6) parking and off - street parking (7) Master Plan. After discus'si'on it was agreed that a meeting be arranged for the Planning Commissioners to meet with the members of the City Council to carefully discuss this matter, at the first opportunity. Commissioner Pleger made the motion for adjounrment, seconded by Com- ADJOURNMENT missioner Rudd, which carried, and so ordered. Respectfully submitted, le�T J " "�W1�W�J Philmer J. Ellerbroek, Secretary