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Home My WebLink About07/19/1951156, MINUTES.OF THE PLANNING COMMISSION MEETING, THURSDAY, JULY 19, 1951 ROLL CALL: Commissioners Present: Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. Commissioners Absent: Smith, Commissioner Briggs entered the meet- ing late. MINUTES: Upon the motion of Commissioner Reed, seconded by Commissioner Rudd, the minutes of the June 21st meeting were approved as submitted to the Commission. Motion carried. ELECTION OF OFFICERS: Commissioner Reed nominated Commissioner Longmoor again for Chairman nomination seconded by Commissioner Copelin. Commissioner Reed moved nominations be closed, seconded by Commissioner Copelin and carried. Commissioner Pleger nominated Commissioner Copelin as Secretary to succeed himself, seconded by Commissioner Rudd and carried. Commis- sioner Pleger moved the. nominations be closed, seconded by Commis- sioner Reed and carried. PUBLIC HEARINGS: Use Permit application of Randall Miller on Lot 159 Block 22b, Section "A" to setup a general cabinet and woodworking shop. Chair- man Longmoor declared the hearing open. No one to speak for or against the application and no communications regarding same. Commissioner opelin explained the application and said they had looked.it over. ' he hearing was closed upon motion of Commissioner Pleger, seconded by Commissioner Copelin and carried. Commissioner Pleger then made a motion that the application for Use Permit be granted, seconded by Commissioner Ellerbroek and carried by the f ollowing.roll call vote, to -wit: AYES: Commissioners: Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NOES: None ABSENT: Commissioners: Brigss and Smith. Use Permit application of W. H. Brown on portion Lot 12, all 14 Block 231, Corona del Mar (312 Carnation Ave) to convert garage into bachelor apartment and add a carport. Chairman declared the hearing open. Mr. Brown was present. Mr. Brown had been requested to submit a set of plans which were not on hand for the meeting. Commissioner Rudd made a motion that the application be setover to the next regular meeting and that Mr.,Brown submit a complete set of plans showing where easement starts and how far it extends and find out if the deed permits building over the easement. Motion seconded by Commissioner Ellerbroek and carried. Use Permit application of Foster & Kleiser Company to erect ' a billboard on Lot 41 Block 11, Seashore Colony Tract (Highland & 101 hwy). Mr. David Larson, representing the company, was present and explained that a board had been there previously until the property owner asked that it be removed beacuse hhe bad plans to build. Now the building plans have been forgotten and they would _ 5.7 like permission to-re-enter the property.. Commissioner Pleger moved the hearing be closed, seconded by. Commissioner Wightman and carried. Commissioner Wightmanthen made a motion that application for Use Per- ' mit be granted,-seconded by Commissioner Pleger and carried by the following roll call vote, to -wit: AYES. Commissioners: Copelin, Ellerbroek, Longmoor,•Pleger, Reed, and Wightman. NOES: None ABSENT: Commissioners: Briggs and Smith. Variance application of Mrs. Viola Friedman on Lot 3, Tract 1257 for a one foot setback from property line on garage portion only. Chairman Longmoor declared that the applicant had withdrawn her appli- cation. Twelve letters of protests were submitted to the Secretary regarding the application for setback. Variance application of Earl M. Clark on Lot 20, Block 10, Re- sub of Section One, Balboa Island (209 Opal Ave) for a thirty inch (30 ") overhang 'on garage apartment. Chairman dedlared the hearing open and Secretary Copelin.read the Committee report recommending the granting of the application. Commissioner Pleger made a motion that the hearing be closed, seconded by Commissioner Reed and carried. Commissioner Copelin then made a motion that the app ;ication be granted, seconded by Commissioner Pleger and carried by the following roll call ' vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NOES: None ABSENT: Commissioner Smith. Variance application of Mercedes Libby Schwilck on the Sly 130 of Lot 6, all 7, Block "B", Tract 673 (712 Poppy Ave) for a ten foot setback on garage instead of required twenty feet. Mr. Glasser, 703 Poppy: Petition with 11 opposing names in that block. Secretary Copelin read the petition and the committee report recommending the denial of the application. Commissioner Pleger made a motion that the hearing be closed, seconded by Commissioner Wightman and carried. Commissioner Ellerbroek then made a motion that the application for Variance be denied, seconded by Commissioner Rudd and carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NOES: None ABSENT: Commissioner Smith. ' Variance application of Robert S. Butler on Lot 50' x 90' Wly of 9th St., Bounded Nly by Bay Ave & Lot 50' X 90' in 25' Ely of Tract 1061 Bounded Nly by Bay Ave., for a variance to permit lots less than 4,000 square feet minimum and less than 40' wide. This was set over from last month's meeting for further study. Mr. Kinsman 1,5 S. was again present representing Mr. Butler and Secretary Copelin read a letter from G. Van Enden for the application. Chairman asked if there was any other discussion. Commissioner Briggs made a motion that hearing be closed, seconded by Commissioner Wightman and carried. ' Commissioner Briggs stated that it was his opinion that it not be granted and personally felt that it was not a good thing to depart from ttandards of zoning ordinances that have been in effect for past ten years or more. The ruling of 41000 square feot minimum was on the old ordinance also. However Commissioner Ellerbroek thought that the fact that it was in an area where the lot sizes have already been established at 30-35 feet that it threw a different light on the matter. The property is in an R -2 zone and it was thought that mul- tiple,units would go up on the small lots in the area where now only single family residences prevail. Commissioner Briggs moved the ap- plication be deniedg seconded by Commissioner Reed and carried by the following roll call votes to -wit: AYES: Commissioners: Briggs, Copelin, Longmoorj Pleger, Reed, Rudd, and Wightman. NOES: Commissioner Ellerbnokk ABSENT: Commissioner Smith. 2nd hearing - Application for amendment of Ordinance #635 by certain property owners so as to cause Lots 1 to 11 inc., Tract 1026 to be rezoned from R -1 to R -2. Mr. Penney stated that he had definitely found out that the roadway (Lot "A") would be dedicated to the city and that the property owners would have the right of ingress and egress, and also that no house ' would be erected above the property level of Ocean Blvd. Mr. Penney was asked the size of the lots. Irregular, from 50' up to 60' & 65' -- all in excess of 501. Mrs. Fargher, 222 Heliotrope jumped up to protest, followed by the Craddocks of 226 Heliotrope. Howard, 808 Ocean Blv..d.$ protested. Condon protested. Commissioner Wightman tried to explain to the people that as R -1 now. . the property owners can build right on top of the Blvd., and we couldn't do a thing about its but if it were R -2 they would have to keep the tops of their homes at the Boulevard level. At time of the meeting, there were 15 letters'-protesting the change of zoning on file with the Secretary. Mr. Penney got up and said that in the new survey by the planning consultants, this property was recommended for as high as an R -3 zone, and that they acceded with the wishes of the people across the street and asked that it not be made R -3. He asked that some consideration now be given to this property. They have 50' lots or more, whereas the people across the street have 30' lots. They have a black topped parking lot and public toilets across from their property - can't possibly use as R -1. After considerable discussion pro and con, Commissioner Pleger tried to explain the differences that R -1 and R -2 meant to the property again to the people protesting the application. Craddock, who pro- tested the change earlierg said that at first it seemed to be an in- fringement on the Ocean front. Understands it more clearly now and if buildings stay down to street level it would put a different light on it. Asked that it be held.over another month. Mr. Penney said that it had been going on several years now and Chairman .Longmoor asked the Commission to reach a decision tonight. 159 Commissioner Reed moved the hearing be closed, seconded by Commis- sioner Pleger and carried.. Commissioner Briggs made a motion that the Commission recommends the granting of R -1 to R -2 zone upon con- ' dition the roadway known as Lot "A" be dedicated as a street for the use of the property owners and that upon agreement of the prop- erty owners, Lots 1 - 11 inc., no portion of their buildings or anything on said buildings shall be above the grade of Ocean Boule- vard and vehicular access to these 11 lots shall be from the lower road only. Motion was seconded by Commissioner Pleger and carried by the following roll call vote, to -wit: AYES: Commissioners.: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NOES: None ABSENT: Commissioner Smith. Mr. Penney spoke up and advised the Commission that they may be doing something that they would regret later. That by restricting the use of a public road, they might force the abandonment of the roadway altogether. Mr. Briggs stated that he put that restriction on in the interest of protecting the view. Mr. Penney assured the commission that it was not the intention or desir- of any of the property owners there to use the roadway for garages, and that it seemed to them to be an economic impossibility to do so. After further discussion among the commissioners, it was thought best ' to withdraw the last motion made by Commissioner Briggs and upon motion of Commissioner Pleger, seconded by Commissioner Reed, and carried by the following roll call vote, the motion was withdrawn: - AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NO✓ S : None ABSENT: Commissioner Smith. The New motion made by Commissioner recommends the granting of change o dition the roadway known as Lot "A" use of the property owners and that owners Lots 1 - ll inc., no portion above the grade of Ocean Boulevard. Pleger and carried by the following Briggs:- That the Commission P zone from R -1 to R -2 upon con - be dedicated as a street for the upon agreement of the property of:their buildings shall be Motion seconded by Commissioner roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, and Wightman. NOES: None ABSENT: Commissioner Smith 2nd Hearing - Resolution of Int6ntion (##466) of Planning Commis- ' sion to initiate amendment of Section 9102.0 of the Municipal Code of the City of Newport Beach so that the area comprised by certain lots in Tract 323, Block H, more fully described as Lots 3, 4, and 5, be rezoned from C -1 to C -1 -H district. 160 The Commissioners were thoroughly familiar with the routine nature of this amendment and upon motion.of Commissioner Copelin, seconded by Commissioner Pleger, the hearing was closed. Motion carried. Commissioner Briggs then made a motion that recommendation for changing the zone from U-1 to C -1 -H on above described property be sent to the City Council, seconded by Commissioner Reed and carried on the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Longmoor, Pleger, Reed, Rudd, & Wightman. NOES: None ABSENT: Commissioner Smith. 2nd Hearin - Resolution of Intention (#465) of Planning Commis- sion to amend zoning law by adding Section 9103.73 (b) to the Muni- cipal Code, excepting from the provisions of Section 9103.73 (a) the non - commercial canning of sport fish. Chairman Longmoor excused himself from the voting and said he would be willing to vacate the chair; however, the commissioners could see no reason for changing the chair since he was not voting. Chair- man Longmoor then declared the hearing open and askkd if anyone wished to speak for or against theapplication. -- Murray, 104 Via Mentone, opposed. -- Buchanan, 220 Lido Nord, opposed to granting any concessions whd^ ever for any further canneries. -- Duignan, said he did not believe the people understood the circum- stances, read the letter he sent out and explained the cannery as proposed. Harry Ashton, attorney, also represented Mr. Duignan. - -Oscar Voss, Lido Isle, Chesnut, 225 Via Quito, Secty of Lido Isle Community Association Mr Ward, 14)0 Via Yella, Fruehling, 337 Lido Soud, Thomas Arden, 964 Lido Nord, all spoke in opposition to allow- ing an additional cannery in the area. Mr. McN *lly was present from the Balboa Angling Club and stated that they would like to see such a cannery for conservation measures mostly. Secretary Copelin read the committee report stating that the idea has some commendable features and do not doubt the sincerity of the applicant, but did not feel further expansion of the canning industry desirable. Also, a letter from the planning consultants, Hahn & Wise & Associ &tes was read advising against the expansion of the industry. Commissioner Wightman moved the hearing be closed, seconded by Commis- sioner Reed and carried. Commissioner Reed made a motion that the ' Planning Commission opposed the adoption of the proposed amendment to the zoning ordinance & recommended that the City Council not adopt said amendment. Motion seconded by Commissioner Wightman and carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek, Reed, Rudd, & Wightman. NOES: Commissioner Pleger ABSENT: Commissioner Smith DECLINED TO VOTE: Commissioner Longmoor 161 OLD BUSINESS: The petition of certain property owners of Lots 1, 21 39 1+f 5, and 6, of Block 20.$ First Addition to Newport Beach Tract to vacate property lying between the property line of each lot and the con- crete sidewalk facing the property line. This matter was referred to the Planning Commission for recommendation from the City Council and set over from the last meeting for study and map from the Engi- neering Department. Commissioner Reed made a motion that a recommendation be sent to the City Council that from a planning standpoint, we see no ob- jection tf vacating the property as proposed. Motion seconded by Commissioner Ellerbroek and carried by the following roll call vote, to -wit: AYES: Commissioners: Briggs, Copelin, Ellerbroek Longmoor, Pleger, NOES: None ' Reed, Rudd, and wightman. ABSENT: Commissioner Smith ADJOURNMENT: There being no further business, Commissioner Ellerbroek made a motion to adjourn, seconded by Commissioner Copelin and carried. Respectfully submitted$ Oy Copelin, Secretary G.J. 1