HomeMy WebLinkAbout07/30/1937THE NEWPORT BEACH CITY PLANNING COMMISSION met on call
of the Secretary by order of the Chairman in special sess-
ion, Friday July 30, 1937 at 7:30 P.M. in the Council Chat
of the City Hall, Newport Beach, California.
ROLL CALL: Present — J.J.Schnitker, F.W.Briggs, C.Harold Hopkins
Gordon Findlay, Dr.H.W.Seager,City Bldg.,
Inspector A.M.Nelson, Asst.Secy F.G.Hanson.
Absent — City Attorney Roland Thompson, City Eng.
R.L.Patterson, E.B.Whitson, Mrs.E.M.Will-
isms.
MINUTES: Secretary Seeger moved minutes of last regular meet-
ing be held over for action at regular meeting in
August. Seconded by Findlay. Motion carried.
REQUEST FOR VARIANCE:
Mr. P.A.Palmer submitted a letter from Verna T.Decker,
owner of Lot 404, Tract 907 Lido Isle, in which she requested
a 504 variance on North side yard of said lot in erecting a
single family dwelling. Plans and check for $10.00 accompany-
ing. It was moved by Briggs, seconded by Schnitker that a
public hearing be held on this request. Motion carried.
Mr.Palmer brought up the question whether or not the
B1dg.Inspector would issue a permit for this house before the
formal hearing was held, stating the owner was very anxious
to start the work. After consulting City Attorney Thompson by
phone, he was of the opinion if trere was no objection by any
residents within the immediate vicinity of this lot it would
be permissable to start construction at once. The Building
Inspector could issue the permit, dating it when the variance
had been granted. However, the builder and owner would assume
any responsibility for action that might come up.
Mr.Palmer stated he would supply the Secretary with
names and addresses of owners of property in vicinity of Lot
4041 Tract 907, Lido Isle, to whom notices of hearing could
be mailed.
COM10NICATIONS:
Chairman instructed Asst.Secy to read a letter dated
July 21,1937 from a Mr. A.M.Strong, Consulting Engineer, 812
Subway Terminal B1dg.,L.A., owner of property described as
Lot 5, Subdivision of Lot C, Newport Bay Tract. . This man is
protesting conditions along the bay front in East Newport
pertaining to the public making use of beaches in front of
homes along the bay shore for picnic grounds, littering the
grounds with refuse and damaging boats kept in front of bay
front property.
• Chairman stated this letter should be filed for record
.along with other protests of this type. This may be a matter
that should come under the supervision of the police power.
The Planning Commission does not have any jurisdiction
in the matter, but should give this some thought..Secretary
Seeger moved that a.certified copy of letter should be re-
' £erred to the City Council for consideration. Seconded by
Schnitker. Motion carried.
BAY DISTRICT LUMBER COMPANY:
Mr. Spicer, owner of the above mentioned company was
present and submitted the following letter:
C 0 P Y
July 20,1937
To The Honorable City Planning Commission
Newport Beach, California
Gentlemen:
In accordance with Section ll,par.6 of the Zoning
Ordinance No.440, we hereby apply for permission to construct
in Zone C-1, a nonconforming structure consisting of a blows:
system and incinerator as per attached plan, and enclose chec:
for $10.00 in favor of the City Clerk of Newport Beach, as
required.
This improvement is in keeping with our endeavor to
make our plant a codit to the community and it is an importan
safety factor in that it lessens the danger of fire and acci-
dent. We trust that you will look with favor upon this reques
Respectfully,
Signed WALTER S. SPICER
Owner.
Mr.Spicer spoke regarding his problem and stated he was
still of the opinion he should apply for an amendment to
the ordinance making his property come in an M -1 District,
but for.the present he would be content with the above re-
quest. He stated he thought it was unfair to him, but did
not believe it was intentional that he was placed in a C -1
and R -1 District instead of an M -1 District. He has an.in-
vestment of between 40 and 50 thousand dollars and he intends
to keep it up. At the present time if he should burn out
he would be unable to rebuild and that would practically
be a confiscation of his property rights.
Chairman Hopkins stated he would be very happy if Mr.
Spicer would let the matter rest as it is at this point,
unless he definitely wanted to change his request. Mr.Spicer
• stated let the request go thru as it now states in letter
and maybe at a later date he would apply for an amendment.
MOTION:Commissioner Findlay moved the petition be granted in
the regular procedure for public hearing. Seconded by Briggs.
Motion carried.
COMMITTEE REPORT:
Secretary Seeger reported on the committee's findings
after an investigation of request for abandonment of alley
in Block 1, Newport Heights, namely: "This piece of property
• is a triangular piece of property bound on three sides by
streets and bisected by alley. The alley is not essential
for sewer, water, electric or other public service. However,
the consensus of opinion of the committee was that in the
absence of any definite infnrmation as to plan of owner.which
might involve immediate improvement, that application be
denied because of the fact it was establishing a precident.
In view of the position that the committee took, I sent
word to this young man to appear here tonight to give infor-
mation which might cause us to reject this report.
Party in question was present and introduced himself as
R.Barrow, 922 Ocean Front. He stated his one reason for re-
questing abandonment of alley in question was that he is
owner of four lots at point designated and intends to build
a house and wants to build house back from point Of triangle.
Stated his garage would be where alley now is. He intends to
build in such a manner to consider the four lots as one home
site.
Chairman Hopkins suggested the commission get all the facts
on this case and question Mr. Barrow regarding condition
of alley_ and surrounding streets and lots. Asked if those
• streets were improved. Mr. Barrow stated that right now
parties are growing tomatoes where the alley is supposed
to be. Asked if he intended to abandon lot lines of the
four lots and have it recorded as one lot. Asked if he had
definitely decided to build and whether or not a contractor
or architect had been consulted. Upon word to the negative,
Chairman suggested Mr. Barrow delay action until he was
ready and could furnish more definite information. Mr. Barrow
asked if it would be possible to abandon the alley. Chairman
stated that in his opinion it would not be possible at this
time because of the fact the three lots face on Smeltzer St.
and the center lot would not have acess to service. Chairman
stated that it seems to me that we should await some reason .
as to why action should be taken at this time. If you come
in with definite plans as to what you want to do, furnish
plot plans and prints or if you just want to put it all in
one lot, give some definite information. What you want to
do on one lot is one thing and what you want to do on all
four is another. If you have information of something in
mind, we do not want to stand in the way. Mr. Barrow said
. front lot is too small and for this reason Wanted to aban-
don alley to increase lot.
MOTION: Mr. Schnitker moved the report of the committee be
accepted and filed and the committee be continued. 2nd by
Findlay. Motion carried.
NEW BUSINESS:
Secretary Seeger advised he had a matter he wished to
bring before the Commission, namely - The Ordinance under
which we are operating makes it mandatory upon this Com-
mission to appoint and designate one of its members as chair-
man of an unofficial architectural advisory committee of
(j), two of whom shall be registered architects, to cooperate
with the Building Inspector and to serve with him in behalf
of the Planning Commission in passing upon architectural plane
filed as required herein -(See Sec.17 of Ordinance No.440)
Therefore, Secretary Seeger moved that this Commission make
a committee as provided. Motion seconded by Schnitker and
carried.
The chairman remarked there were only two registered
architects to his knowledge in the community, namely Donald
Beach Kirby and himself. Secretary stated he had knowledge
of another man who was a property owner on Balboa Island,
a Mr. Ainsworth of Pasadena. It was then suggested that the
eligible persons be contacted and find out if they would be
willing to serve on such a committee.
MOTION -The Secretary then made a motion that at the next reg-
ular meeting of the Commission, nominations be made for
members to this committee by the entire commission. Motion
seconded by Schnitker and duly carried.
RESMUTION
Secretary Seeger introduced the following resolution to be
transmitted to the City Council:
Recommending that the City Council immediately take the
necessary action to commence proceedings for the abandonment
of title to that strip of land immediately inside of the
newly constructed promenade, lying between same and the abut-
ting property surrounding Balboa and Channel Islands, and
when same shall have been abandoned, that portion contiguous
to each lot abutting be quit claimed to the legal owner there-
of.
By way of explanation, the Secretary commented as
follows on this resolution.
This is my effort to get away from a continual bone of
contention every time at every meeting of this Commission.
It is my effort for once and for all to do away with that.
Before the new wall and new promenade was constructed the
old wall formed to accurate engineering lines. The old wall
varies in width from three to seven feet and in some places
there was no wall at all. A wall had been established to con-
form with the old wall, but generally speaking it was wider.
• A new wall has been established and thereby establishing a
definite line around Balboa Island. In some instances this
new wall was erected outside of the old wall and some on
city owned property. The bxtreme distance of the old wall
is 22 feet outside. Now the wall, the coping and the walk,
the coping is about 24" thick, the wall 181 wide and that
means it would take up entire city owned property.._Therefoie
it has left between the inside a strip around the island vary-
ing in width from 200 to 221. Immediately after the new
wall was completed I took up with the city council to
• allow abutting property owners to purchase. I was informed
that the city could not sell its strip without vote of the
electorate. It was suggested to me then the way would be
for the city to abandon that strip and in course of time it
would accrue to the abutting property.
Before introducing this resolution tonight, I had a con -
vereation with City Attorney Thompson about this and he
quite.agreed with me. He thinks the City should abandon it,
so that there may never be any question. The reason.is
that when abandonment has been accomplished that the city
then quit claim the property to the abutting property. That,
the city then convey this property to the abutting property
owners.
My reasons are these - property on the water front on
Balboa Island has beomce very valuable. hots sell from 75
to 10 thousand dollars. North Bay frontage somewhat cheaper..
This question arises. The average size of lot is 30 x 85 feet
With the lines 21 feet in rear, 31 on sides and 10 feet on
front leaves the property owner very little for building
site. If this abandonment becomes effective in practice it
will have this effect. There are a number of houses built
• out to the property line. However there is that intervening
space out to the edge. This gives them 3 or 31 feet easement.
If this becomes effective it will establish property line
out to the sidewalk, then with 50% variance it would actually,
ohly set him back 21. It would more nearly equalize setback
on island and same time add area to lot.
Legal consideration - City is responsible for maintenance of
the gro:nd, but they do not. City is liable for any accident
thereon. While if the city abandons their interest, there
will be no liability as it will then be private property.
I am the owner of vacant lot on Bay Front on Balboa Island
and I would stand to benefit, and I wish to go on record
about this in the minutes.
Where wall is 221 from property line it will be an excep-
tionable matter there, because if it were not it would put
those houses away out too far and therefore where the area
affords a certain width I think exception must be made.
Chairman Hopkins suggests that Dr. Seager and himself to
appointed as a committee to appear before the Council when
submitting this resolution in proper form to be. passed on.
Seeger stated he had made this resolution just as short as.
possible and did.not think it needed enlarging.
MOTION - It was therefore moved by Schnitker that the resolution
be adopted and the Commissioners appear before the Council
when presented. 2nd by Findlay. Motion carried.
LETTER OF APPRECIATION
The secretary read a letter he had drafted to be sent+;
to the four members recently having left the Commission.
4 It was agreed the Chairman and Secretary as well as Com-
missioners sign each letter.
SGT.AT ARMS
Chairman suggested this Commission have a police officer
present at all regular meetings to act as Sergeant of Arms.
Secretary moved such a request be made to the Council and
that the officer be available upon request at special meet-
ings also. Motion carried.
BOOKS OF REFERE?JCE:
Upon request of the Secretary, Chairman instructed con-
sulting Mr. Tilton as to books and publications on Planning
that might be purchased for the Commission.
MEETING AIJOUPUM: upon motion by Commissioner Schnitker, 'duly
seconded and carried.
Res ctfully submitted
AID
H.W.Seager, Secret
NEWPORT BEACH CITY NG C0E IISSION