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HomeMy WebLinkAbout06/19/1947286 The Newport Beach City Planning Commission held .a regular meeting, Thursday, June 19, 1947, in the Council Chamber, City Hall, with Chairman protempore Ray Copelin, presding. ROLL CALL Commissioners presents Copelin, Eakell, Ellerbroek, Johnson, and Wightman. Commissioners absents Baltz, Longmoor, Pleger, and Rudd. COMMUNICATIONS The communicationfrom Richard R. Gearing, for Pleasure Island Asso- ciates, read at the Pay 15th meeting, was again mad, dye to no act- ion having been taken on the first request, i.e.,of a reemmmendation from the Commission rggarding a permit for a dancing school at Pleas- ure Island. Among those in the audience of citizens present were Miss Hate McCann, and Mr. Black, property owners on Babboa Island, near Pleasure Island, who both strongly opposed either a dancing school or a yacht club at Pleasure Island, not only because of the parking and traffic problems, but of not wanting any type of business in the area. Dom. Johnson made the motion, seconded by Oom..Daniell that Mr. Gearing be notified that the Commission does not recommend either a yacht club or a dancing shool on Pleasure Island, or any change of zmiing. Motion carried, and :e000ddsrdd. Sec. Ellerbroek read a letter Pon. Ida Naylor requesting some action on her application of April 1946, for rezoning from R-2 to C-2 of Lots 10, 11, 120 and a portion of 13, Block 130, Lake Tract, Newport Beach, stating that no action was taken at the time of filing nor at any other time. Mrs. Na,*lor, and her son Harvey Durkee were present, and explained the property and requested that the matter be settled one way or theother. The Commission informed Mrs. Naylor that her application, along with several others, was tabled, pending the dec- ision and outomme of the widening of Coast Highway. Com..Johnson made the motion, seconded by Com. Ellerbroek that the matter be continued to the next meeting, and a committee of three be appointed to check the property and report. Motion carried, and Chairman Cops - lin appointed Commissioners Ellerbroek, Johnson, and ec- tux P -BLIC HEARINGS Final hearing upon the matter of a petition of property owners of Lots 13, 14, 15, 16, 17, 180 19, 20, 21, 22, and 23, of Block It East Newport Tract, for rezoning from R -2 to 0-1, was called, but due to the lack of a recommending vote, Com. Ellerbroek made the motion, seconded by Oom. Johnson, that the matter be set to hhe next meeting for action. Motion carried, and so ordered. Final hearing upon the matter of the application of Mr. Al Ander- son for permission to install and maintain a Shooting Galimry at the Babboa Fun Zone, was called, and heard. Com. Baltz was absent but sent hie report of having checked the property and that he app- roved, the grantin* of the application, while the other committee member, Com. Daniell reported as being opposed. Com. Johnson point- ed out that the City Ordinance No. 525, the Zoning Ordinane, prohib- its Shooting Galleries, except in M -1 Zones, and, that to permit a Shooting Gallery in the Fun Zone, would require the rezoning of that property. Com. Ellerbroek made the motion, seconded by Com. Johnson that the Commission recommend to the City Council that the Commission ' does not approve any change of zoning at this property, or the grant- ing of a permit to anyone to operate a Shooting Gallery, except in M -1 Zones. ROLL CALL VOTE AYES: Commissioners Copelig, Daniell, Ellerbroek, Johnson, Wightman. NOES: None. ABSENT: 8ommissioners Baltz, Longmoor, Pleger, Rudd. Motion carr6dd, and so ordered. L J 1187'. Final hearing upon the matter of the application of C. C. Dunbar, and Clyde Denlinger, for rezonigg from R -3 to 0-1 of one --half of Lot 3, and Lots 4, 5, 6, 7, 8, 9, 10, 11, of Block 1, Seashore Colony Tract, for the purpose of building and matfAAining a super- seritice station, was heard. Gom. Johnson made the motion, seconded by Cox. Ellerbroek that this application be denied due to the fact that the request for rezoning extends beyond the limits which have established for G- 1.zon- ing in the area, so that only Lots 4, 5, 6, and the one-half of 3, could be considered. ROLL CALL VOTE AYES: Commissioners Copelin, Daniell, Ellerbroek, Johnson, and Wight - man. NOES: None. ABSENT: Commissioners Baltz, Longmoor, Pleger, Rudd. Motion carried, and so ordered. Hearing upon the application of Rose Wri Est for " side yard setback variance for Lot 16, Block 30 Section 2, Balboa Island,. tabled from last meeting, for a committee report from Com. Ellerbroek and City Building Inspector Nelson, was held, with Com. Ellerbroek reporting not in favor of any side yard variances, to which Gom. Gopelin.stated that he could see no reason for the granting of this application. Com. Johnson made the motion, seconded by Cox. Ellerbroek, that the application of Rose Wright be denied. ROLL CALL VOTE AYES: Commissioners Copelin, Daniell, Ellerbroek, Johnson, Wightman. NOES: None. ABSEN'_': Commissioners Baltz, Longmoor, Pleger, Rudd. Motion carried, and so ordered. Final.hearing upon the application of Mrs. Cecile Conover *as tabled to the next meeting upon motion of Com. J hnson, seconded by Com. Ellerbroek, due to the lack of a recommending vote. Motion carrmd. Final hearing upon the application of the Newport Harbor Goppeaation for a conditional permit to remodel a non - conforming structure on Lot 1, Tract 1080 (Christians Huth at 325 Edgewater, was heard. This matter was tabled from the last meeting, pending advise from City ' Attorney Thompson. Sec. Ellerbroek read two letters from Mr. Thomp- son on this, to the effect that the granting of conditional permits is entirely within the discretion of the Commission, and so.determin- ed by the Commission if such remodeling and/or enlarging make a non- conforming structure and its subsequent uses into fairer conformity with its surroundings. Mr. Roland Vallely, present for the meeting, wished to go on record as opposed to any enlargement of business pro- perty on a non - conforming permit. Mr. Ellerbroek stated that he felt that the application should be approved but that he.did not approve any zone change; that the applicant is within his rights. Chairman Copelin stated that he. and Mr. Nelson checked the property, end, that he *ad intfavor of remodeling but not in favor of any enlargement. Com. Johnson stated that "ever since the Commission has been in exi:lt- ance that no englargment of non- confomming structures has ever been approved ", and read Sec. 12, of Ord. 525, and, further stated that Christians Hut is not in keeping with the Zoning Ordinane, and, that the application "is contrary to our ordinance ". Com. Daniell, however, stated that he felt that he would rather see the present business, (Christians Hut) on the property than a rooming house, which he thought would be the only other use to which the property could be put. Com. Ellerbroek s&id that the owner (Mr. Art LaShalle) might be compelled to go to t..e Health Department, as aanitray conditions, rest rooms and kitchen, must be corrected. Com. Daniell made the mo:ion, seconded by :om. Wightman that the application be approved. ROLL CALL VOTE AYES: Commissioners Daniell and Wightman. NOESs Commissioners Johnson and Copelin. NO VOTE: Commissioners Ellerbroek. Motion tied. ass Hearing upon the matter.of the application of Wayne Bellinger for a 50% front yard setback variance for Lot 1, and the southwesterly 15 ft of Lot 3, Block 234, Corona Del Mar, was heard. The committee of 8om- missioners Salts and Pleger were to have reported, and did so through I the secretary and recommended same be denied. Com. Johnson made the motion, seconLd by Com. Wightman, that the application be.denied. ROLL "'I'LL VOTE ALES: Commissioners Copelin, Ellerbroek, Daniell, Johnson, Wightman. NOES: None. ABSENT: Bommissioners Baltz, Longmoor, Pleger, Rudd. Motion carried, and so ordered. NEW BUSINESS Hearing upon the application of porperty owners for rezoning from R -2 to R -3 of the northerly half of Blocks 10, 11, 12, Tract 234,. (facing on Central Avenue), was deolared, for first hearing. .Com. Johnson stat- ed that he and Com. Copelin checked these blocks, *hat most of .the lots are being used for R -2 use, and, further that very few names appeared on the petition for such a large area to be considered for rezoning. Com. Ellerbroek pointed out that it this change were granted that the lots on the Ocean Front, backing on to the alley of these lots, would have no !buTer" of R-2 zoning to separate the R-1 from R-3, as is the plan of the Zoning Ordi..ane. Present to argue for the change were Ma s. Josephine Webb, Mrs. Oarter, and Miss Director. Com. Daniell pointed out that just such a problem as this is the reason the-Commiss- ion requires the advise of a Planning Consultant very soon. See. Eller hroek agreed and that he felt that the City Council is in favor of the Commission having the services of an advisor, and,.also,. that this mat- ter should wait for the return of Com. Longmoor. Com. Johnson pointed out that "this amounts to 'spot zoning'". Com. Ellerbroek made the mo- tion, seconded by Com. Wightman, that the matter be set to the.second hearing. Motion carried. ' First hearing upon the application of The Irvine Co. for the Sport Fishing Rentals, lessees, for rezoning of 1a_:d in Irvine Sub - division on the northeast corner of the Marine Avenue Bridge, directly across from Balboa Island, was heard. Mr. Hubbard Powers, and Mr. Black, from Balboa Island, opposed the application on the basis of a business at this location, as same would create a traffic bottle neck and hazard. Com. Johnson made the motion, seconded by Com. Ellerbroek that the sec- retary request the applicants to advise the exact use they intend to put to the property, and the number and size of boats they intend to berth there, if granted the application. Motion carried. Se. Ellerbroek read a letter from the Comity Planning Commission re- garding Use Permit Application No. 891, as referred to the City Planning Commission on May 21, 1947, and approved by the standing committee and so recommended to the County Planning Commission on May 22, 1947; said Application No. 891 being made by L. C. Beebe for an automobile and truck epair garajge on the easterly side of Newport Boulevard about 35 feet southerly of Bolsa Avenue, and being referred in accordance with a recent policy of the Bounty body to refer such permits to the res- pective cities for review and recommendation when the location stated is, within one mile of the boundry of such city. Also read by the Secretary was a letter, referred by the City Council, regarding the preservation of the City beach front at Corona Del Mar ' for swimmers and recreation, and objecting to any buildings being per - m�tted thereon. This letter carried several names of Newport Beach property owners. A postal card on the same matter was also read. Mayor Reed, present at the meeting, stated that these had apparently been red - fered to the Commission in error, as they were not pertinent at this time. Com. Johnson made the motion, seconded by Com.Copelin that the Commission go on record as approving and agreeing with the writers. Motion carried, and so ordered. 289 Sec. Ellerbroek read a letter from Elizabeth Porter Wyatt, reg-rding her property, Lot j, Sec. 21 Township 7 South, Range 10 Weet,.SBB & M of which the SW line was under controversy, and suit just settled to quiet title, the line of which separated from City property, end, in this suit, just settled, a small protion of her property extends .beyond the City property, which is zoned R-2, and, since the rest of her pro- perty is zoned R -j, she requested that this portion also be R -3, that the property line was set in error, therefore the zoning should be changed by the same error. Mr. Clifford, representing Mrs. Wyatt, ex- plained the situation. Chairman Copelin stated-that-he did not feel that t`:e Commission could act on this without the filing of a formal application. Com. Daniell made the motion, seconded by Com. Johnson that the matter be passed to the City Council, with the recommendation that the map be changed according to the co.rts decision, if in the opinion of the City Attorney this be the proper procedure. ROLL C;.LL VOTE AYES: Commissioners Copelin, Daniell, Ellerbroek, Johnson# Wightman. NOES: None. ABSE_T: Commissioners.Baltzs Longmoor,. Pleger.,.Rudd. Motion carried, and so ordered. Tentative Map of Tract 1246 to 1250 inclusive of Irvine Terraces pro- perty adjacent to City property was carefully considered, with Mr. Ter- rell, present, to explain the map. Mr. Terrell stated that all of the property is zoned R-1 except one small section set aside for an office for conducting the tracts business; that 85% of each tract will be built up before the next tract is opened. Com. Daniell made the motion seconded by Com. Ellerbroek that the Commission recommend to the County Planning Commission its approval of the map as presented. Motion carr- ' ied and so ordered. A proposed subdi ision of Tract 1257, Properties Inc., was presented, but no action taken, and Com. Johnson made the motion, seconded by Com: Ellerbroek, that the chairman appoint a committee to check this matter and. property and report at the next meeting. Motion carried, and Chairman Copelin appointed Com. Johnson, Ellerbroek, and Webb, as the committee. AWOURNMENT Commissioners Wightman made the motion for adjournment, seconded by Com.,Copelin. Motion carried, and the meeting was adjourned to the next regular meeting, Thursday, July 17, 1947, which is the regular Reorganization Meeting of the Commission, with the election of a chairman and secretary for the 1947 -1948 term. Respectfully submitted, Philmer J. Ellerbroek, Secretary