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HomeMy WebLinkAbout06/29/1952211 MINUTES OF THE PLANNING COMMISSION MEETING, THURSDAY, JUNE 29th, 1952 ROLL CALL: Commissioners Present. Briggs, Copelin, Longmoor, Reed, Rudd, Smith. Commissioners Absent: Ellerbroek, Pleger and Wightman. Commissioners Ellerbroek and Wightman entered the meeting a few minutes later. MINUTES. Commissioner Reed made a motion that the minutes of the last regular meeting of May 15 be approved as submitted to the Commission. Motion seconded by. Commissioner Rudd and carried. Commissioner Reed made a motion that the minutes of the Special :meeting of May 28th be approved as submittedtto the Commission. Motion seconded by Commissioner Rudd and carried. PUBLIC HEARINGS: USE PERMITS: Application of Boat Service Inc., 814 East Bay Avenue, Balboa, for Use Permit to install two bait receivers at same address. Chairman Longmoor declared the hearing open and asked the City Engineer if he had approved the design of plans for the bait receiver. Mr. Webb stated that they were ap- proved. Chairman asked for written communications and Secretary Copelin read a Aetition bearing 76 signatures in favor of the receiver. ' Protesting the application were one letter and a petition with nine signatures on. Commissioner Copelin read the addresses on the petitions for and against. —Beat Mills: Operated ta=re about 20 years and I think competition is the spice of trade. More service we give the public the better off we are. In line of business, I welcome pompetition. Can't see any reasons for not allowing a few more receivers - -they would be a benefit for the harbor area., -- Spokesman for Gronsky family: I welcome competition but there is on aspect, the receivers at the pavilion are under the roof where they do not attract the attention of the gulls. There is bait at the jetty and half dozen installations throughout the bay. —Mrs. Lynn; 224 Iris Ave: Monday evening at the Council meeting, we propose' to stop the seagulls the same way they plan to outlasw dogs on Balboa Island! -- Robert Salisbury,. operator of marine dock at 814 Bay, spoke for the approval of the application. The question was raised as to having restrictions put on the receivers and requiring roofs etc., and Commissioner Longmoor explained that the ordinance has been set up by the city council and.as long as the receivers comply with the ordinance, all the Commission can do is either grant or deny. . Secretary Copelin read the committee report investigating the application. Facts were presented without any recommendation for action by commission as a committee of the whole. Commissioner Ellerbroek made a motion that.the hearing be closed, seconded by Commissioner Smith and carried. 212 Commissioner Copelin then made a motion that in view of the fact that the City Engineer has approved design and there are others in the bay and 76' signatures for it, that the application be granted, seconded by Commissioner Ellerbroek and carried by the following roll call vote, to -wit: ' AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Reed, Rudd, and Smith.. NOES: None ABSENT: Commissioner Pleger NOT VOTING: Commissioner Wightman The Comm ttee report had recommended that the Commission "recommend to the Council that a thorough investigation of all phases of the live bait activity within Newport arbor be made to enable the Council to judge whether this activity in all of its branches is detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or injurious to property and improvements, etc., according to Section 9106.23 of the Municipal Code." Commissioner Briggs made a motion that this section of the report be held on the table until the 15 day waiting period on the Use Permit had lapsed. Motion seconded by Smith and carried. Next on the agenda was the Use Permit application of Paul E. Grieser for a boat building and repair shop at 3112 Lafayette P1. Newport Beach. Chairman opened the hearing and asked if anyone wished to speak for or against. Was in correct zone - C -2. a I Commissioner E1lerbroek made a motion that the hearing be closed, seconded by Commissioner Smith and carried. Commissioner Copelin then made a motion that the application for Use Permit be granted with the stipulation that applicant is to have premises cleaned up within forty -five (45) days. Commissioner Rudd seconded the motion and was carried by the following roll call vote, to -wit: AYES: Qommissioners: Briggs, Smith and Wightman. NOES: None ABSENT: Commissioner Pleger. VARIANCES• Copelin, Ellerbroek, Lonbmoor, %644 - -J�udd, First on the agenda was application of Pride T. McCuistion for variance in front yard setback from 20' to 3' and back yard setback change of 10' to 31. Lot B, (NEly 72.51) Block 136, Re -sub of Corona del War, Corner of Iris. & Ocean Blvd.) Chairman Longmoor declared the hearing open and asked if anyone wished to speak for or against. --Mrs. Lynn, 214 Iris Ave, CDM: Only, one lot there and one house on. it. Rear part was sold, persons who bought it did not inquire as to whether or not , he could build. Don't believe in any case the City or the neighbors should 'pick anybody's chestnuts out of the fire. If granted it is going to be an opening wedge for people all along Ocean Blvd. . W 213 - -Mr. A. J. Viccellio, 227 Iris: Spoke in favor of the granting of the application. Would rather see a nice place go up there instead of 'anything' since under the interpretation of the ordinance, he could build there anyway. References made to Sections 9105.3 9107.17 and 9103.1 of the zoning ordinance. Secretary Copelin read some letters of protest from: S. F. Craddock, 226 heliotrope F. C. Woolley, 219 Iris Adele Hawley, 208 Fernleaf Norman Boisseranc, 216 Iris M. B. Chapman, 222 Iris Ave.. Fred Burlew, 213 Iris Harry W. Wood, 207 Isis Ave. Commissioner Reed spoke for the investigating committee and said that the com- mittee felt definitely that this was a hardship case existing for approximately thirty years and felt it would be an improvement and would recommend favorably. Commissioner Ellerbroek asked if the committee would change their mind in view of the protests. Commissioner Reed said that the committee felt that the present owner definitely can build but it was a question of forcing him to build according to present code or allowing him to build a better home. Commissioner Rudd finally made a motion the hearing be closed, seconded by Com- missioner Reed and carried. Commissioner Reed made a :¢otion that the application be approved, but it died for lack of a second. Commissioner Rudd then made a motion that the application be denied, but that ' too died for lack of a second. Mrs. Lynn was up and down a few more times before Commissioner Ellerbroek made a motion that the application be granted whereby the setback on Iris Avenue be ten feet and the rear yard setback be three feet. Commissioner Briggs seconded the motion and was carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Reed, Rudd, Smith & Wightman. NOES: None ABIENT: Commissioner Pleger Next on the agenda was the application of George Hoag II for change in rear yard setback from 10' to 5' and side yard setback change of 10' to 31. Lots 1 and 2, Block M. Tract 518. (2001 E. Balboa Blvd, Balboa) Chairman Longmoor declared the hearing open and asked if anyone wished to speak for or against. - -Mr. J: 0. Johnson, immediate neighbor on 'L' St, and owner of Lot 3. Said that Mr. Hoag had asked if he would have any objection to a 5' rear yard setback and he said no. At the time they both believed that it was a 10'.required rear yard setback. Didn't think it would be good to have a house on 1110, Street extend within three feet of property line iduen all other homes on 'L' had 10' or more of a setback. Would protest on side yard setback only —not on the rear yard. Committee report was read by Secretary Copelin recommending the approval of the application. Commissioner Ellerbroek thought there should be given further consideration to the application since the adjoining property aenar has appeared and put in a protest. Commissioner Ellerbroek said that he would be in favor of a rearyard setback of 5' and 3' on side yard except for the 20' near Johnson's house — or 10' for 201. 214 Commissioner Copelin moved the hearing be closed, seconded by Commissioner Reed and carried. Commissioner Briggs disqualified himself on any action on the application. Commissioner Reed then made a motion to approve application in accordance with the committee's report. Commissioner Copelin seconded the motion but was defeated on the following roll call vote, to-wit- AYES: Commissioners: Copelin, Longmoor, and Reed. NOES: Commissioners: Ellerbroek, Rudd, Smith, & Wightman. ABSENT: Commissioner Pleger NOT VOTING: Commissioner Briggs Commissioner Reed then made a motion that the Commission recondider the ap- plication for action, seconded by Commissioner Copelin and carried. Commissioner Ellerbroek made a motion that the rear yard setback be granted from ten feet to three feet and that the side yard setback remain as estab- lished in ordinance. (set in 10' for 201) Commissioner Smith seconded the motion and it was carried on the following roll call vote, to -wit: AYES: Commissioners: Copelin, Ellerbrosk, Longmoor, Reed, Rudd, Smith, & Wightman NOES: None ABSENT: Commissioner Pleger NOT VOTING: Commissioner Briggs Next to come before the Commission was the Variance application for ' John Maitlen foam Section 9103.25(a) the 35' maximum setback.requirement, on Lots 10 and 12, Block 636, Corona del Boar (608 Iris Ave, Corona del Mar). Chairman Longnoor opened the hearing and asked if anyone wished to speak for or against the application. Commissioner Reed stated that the.property is in a deep ravine. Can't build on front of lot because there is no room. Have to build on rear of yard to get out of ravine. Definitely a hardship case. If granted Variance would only conform with other houses in the block. Commissioner Copelin made a motion that the hearing be closed, seconded by Commissioner Reed and carried. Commissioner Copelin then made a motion that the application be granted, seconded by Commissioner Rudd and carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Reed, 'Rudd, Smith, & Wightman. NOES: Norio ABSENT: Commissioner Pleger. Application of Charles C. Finns for Variance to permit erection of single family residence on front portion of Lots.l and 3. Block 239, Corona del Bar and a 50% rear yard setback on same. "6aarigold.& Sgaview Ave, Corona del Mar. 215 Chairman Longmoor declared the hearing open and asked if anyone wished to speak for or. against. No communications on file. ' Mr. Fipps stated that the intended house was to face Marigold. Mr. Moore was the proposed buyer and final sale was pending the outcome of the appli- cation. After some discussion, Commissioner Wightman made a motion that the hearing be closed, seconded by Commissioner Copelin and carried. Commissioner Copelin then made a motion that the application to erect a single family residence on front portion of Lots 1 and 3. Block 239, corona del Mar and a 50% rear yard setback (5' instead of 101) be granted. Commissioner Eller - 'broek seconded the motion and was carried by the following roll call vote, to -wit: AYESs Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Reed, Rudd, Smith, & Wightman. NOES: None ABSENT: Commissioner Pleger. The last variance application on the agenda was that of Henry J. DuBois for a Variance from Sec. 9103.15 for a 3' sideyard setback and 7' rearyard set- back at 307 Jasmine Avenue, Coronaadel Mar.. Por 5, SE j 7, Block 236, Corona del.Mar. Chairman declared the hearing open and asked if anyone wished to speak for or against. ' -- Howard Green, builder from Anaheim and friend of applicant spoke on behalf of the applicant and handled all questions the commissioners had pertaining to the property etc. After considerable discussion, Commissioner Copelin made a motion that the hear- ing be closed, seconded by Commissioner Wightman and carried. Commissioner Copelin then made a motion that the application be granted for A 3' sideyard and 7' rearyard setback. Commissioner Wightman seconded the motion and was carried on the following roll call vote, to -wits AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Rudd, Smith, & Wightman. NOES: Commissioner Reed ABSENT.: Commissioner Pleger This ended the Variance requests and the Commission went on to consider the amendment application: FIRST HEARING: Application of Hancock Banning. Jr, to rezone parcels #1 -2 -3 along Highway 101 -A from present zoning of R-1. R-3 and C -1 to C -1 -H and R-k districts. ' Chairman Longmoor opened the first hearing and asked if anyone wished to speak for or against. — Hancock Banning, Jr;: One:. of the owners of the property. Representing the other owners of the property in question. Feel application should be granted as 216 it is the highest advantage the property can be put to. Since 1936 have had numerous requests for motels, trailer camps and auto courts to go in— the proposed R -b zoning would allow this. So far, they had been unable to furnish proper utilities as required by State because property was not in the City. Mr. Banning stated that they planned to develop into Acreage principally on a lease basis, explaining that there were some twenty owners of the property and they do.not care to sell. Would lease property approximately 25 -30 years. Feel the need of commercial development because of the _ residential development to go in up oh the 'Mesa' in the future years. R -Q for motels and trailer parks and C-1 -H planned for large market or restaurant. -- Harold D. Arthur: Interested in rezoning from standpoint of what they re going to do with side Hof Banning strip known as River Avenue or County road. Would like to see it confined to business other than trailer courts. Commission explained that with a G-1 -H would not be able to put in trailer court without obtaining Use Permit from the Planning Commission first. Mrs. Lynn's up again and wants a park there. Commissioner Reed then made a motion the first hearing be closed and set over to the second hearing at the next regular meeting of the Planning Com- mission. Commissioner Copelin seconded the motion and it was carried. FINAL MAP - TRACT 1235 - GRIFFITH COMPANY Mr. R. L. Patterson presented the final map on Tract1235 to the Planning Commission for approval. After further discussion, Commissioner Copelin made a motion that the final map on Tract 1235 be approved and sent to the City Council with recommendation for approval by them. Motion seconded by Commissioner Wightman and carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Reed, Rudd, Smith, & Wightman. NOES: None ABSENT: Commissioner Pleger. TENTATIVE MAP - TRACT 1622 - GRIFFITH COMPANY Mr. R. L. Patterson presented the tentative map for Tract 1622 to the Com- mission along with his letter of explanation on it and letter from City Engineer, J. B. Webb. After much discussion with the commission, Commissioner Copelin made.a motion tIiatgthe Tentative Map Tract 1622 be approved, seconded by Commissioner Wightman and carried by the following roll call vote, to-wit: AYES: Commissioners: .Briggs, Copelin, Ellerbroek, Longmoor, Reed, Rudd, Smith & Wightman. NOES: None ABSENT: Commissioner Pleger. 711 217 COMMUNI- CATIONS: Secretary Copelin read a letter from the Reverley Realty Company regarding ' questions and seeking advice on property described as Lots 4- 17- 18-19, Block 14 of the Balboa Tract. Commissioner Copelin made a motion that the letter be filed, seconded by Commissioner Wightman and carried. After some discussion, Commissioner Copelin withdrew his motion, Commissioner Wightman withdrew his second. Commissioner Copelin then made a motion that the letter be answered stating that the commission would submit the matter to..tlhe planning consultants to obtain best possible solution and that the Commission is gifing it stiff. Motion seconded by Commissioner Wightman and carried. ADJOURNQ MEND: There being.no further business to come before the Commission, Commissioner Copelin made a motion to adjourn, seconded by Commissioner Reed and carried. Respectfully submitted, ay Copelin, Secretary GJ