HomeMy WebLinkAbout08/22/19571
MINUTES, PLANNING COMMISSION ADJOURNED MEETING
CITY HALL COUNCIL CHAMBERS
NEWPORT BEACH, CALIFORNIA
AUGUST 22, 1957 8:00 PM
ROLL CALL COMMISSIONERS PRESENT: Reed, Copelin, Keene,
Longmoor, Smith, Briggs,
Rudd, Hayton
COMMISSIONERS ABSENT : Lind
Minutes of meeting of July 25, 1957 were corrected and
approved as follows:
Motion to approve Variance Application #391 was changed to
read, "-- APPROVED subject to the condition that in no event
may the structure elevation exceed 23.5' above the curb
level - - ".
1. RUSSELL, Mr. & Mrs. Ted
2.
Lot 28
Block
A -36
3.
Posted
August 12,
1957
VARIANCES
#392
124 Iris Ave. Corona del Mar
Tract CDM Zone R -1
Published August 12, 1957
4. Encroachment of 5' into required rear yard setback of 10'
and 37' front yard setback instead of the maximum required
35'.
5. Location of proposed garage in accordance with existing
requirements would prevent ingress and egress to double
garage.
6. DISCUSSION: Note findings
7. FINDINGS: Due to the typography and contour of this property
the Commission determined that without the
variance request, a hardship would be created in
order to provide proper ingress and egress to the
double garage on the rear of said property. The
Committee recommended APPROVAL.
8. On motion of Commissioner Hayton, Seconded by Comm. Reed,
Variance Application #392 was APPROVED by the following roll
call vote, to wit: ALL AYES
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1. MACCO CORP.
2. Lots 113, 127, 149, 154
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VARIANCES
#393
Certain Lots
Tract 2813 Zone R -1
3. Posted August 12, 1957 Published August 12, 1957
4. Construction of detached garages on front half of lots.
5. Subdivider wishes to maintain architectural design of
development.
6. DISCUSSION: Note findings
7. FINDINGS: The Committee reported this variance request to
be in keeping with other similar requests
approved in this tract and recommended approval.
8. On motion of Commissioner Reed, seconded by Comm. Hayton,
Variance Application #393 was APPROVED by the following roll
call vote, to wit: ALL AYES
X014
1. JONES, Mr. & Mrs. S. 2609 Way Lane
2. Lot 13 Block A -32 Tract CDM Zone R -1
3. Posted August 12, 1957 Published August 12, 1957
4. Encroachment of 5' into required rear yard setback of 101.
5. Due to size of lot impossible to build proposed dwelling.
6. DISUCSSION: Note findings
7. FINDINGS: The Committee reported that a similar variance
had been granted on the adjacent property and due
to the size of the lot recommendation of approval
was made.
8. On motion of Commissioner Hayton, seconded by Comm. Reed,
Variance Application #394 was APPROVED by the following roll
call vote, to wit: ALL AYES
1. ATWELL, Richard ?/.
400 Clubhouse Ave.
39
2. Portion of Lot 1 Block 432 Canal Section
Tract: Landaster Addition Zone R -2
3. Posted August 129 1957
Published August 129 1957
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VARIANCES
1321 con 't
4. Encroachment of 5' into required 20' setback from bulkhead line.
5. Problem lot with no garage or parking space. With this
variance, he can get garage space for two cars.
6. DISCUSSION: Note findings
7. FINDINGS: This variance request is made on the basis of the
abandonment of the portion of Clubhouse Ave.
The District Map does not show a setback, there-
fore, an automatic 20' setback would be required
from the bulkhead line. The applicant advised
that the additional 5' encroachment would enable
him to provide garage spaces for two cars. The dwell -
Ehgcdoee not have any parking facilities at
present. No protest were filed and the Committee
recommended approval.
8. On motion of Commissioner Copelin, seconded by Comm. Hayton,
Variance Application #395 was APPROVED by the following roll
call vote, to wit: ALL AYES
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1. SCHLOCKER, Leo M. & Rosemary 127 - 45th St.
2. Lot 20 Block #45 River Section Zone R -2
3. Posted August 12, 1957 Published August 129 1957
4. Encroachment of 2-�' into required rear yard setback of 5'
for 2nd floor overhang only.
5. Due to size of lot unable to build proposed building.
6. DISCUSSION: A discussion was held among Commissioners
regarding a congestion which is being created
in the West Newport area and Balboa Island by
permitting encroachments on second floor over-
hangs into rear yard setbacks. The lots in
question are only 30 by 85 feet and it was felt
that these encroachments should not be allowed.
In addition, the Committee stated that the
applicant had not shown a hardship as required
under the Zoning Ordinance.
7. FINDINGS: Based on the above discussion, the Committee
recommended denial and stated in their findings
that the applicant had not shown sufficient
hardship to warrant approval of this application.
8. On motion of Commissioner Copelin, seconded by Comm. Reed,
Variance Application #'396 was DENIED by the following.roll
call vote, to wit: ALL AYES
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VARIANCES
;2397
1. ENGELHARD, F. A. & Eileen M. 131 Turquoise Balboa Island
2. Lot 21 Block 31 Section 1 B.I. Tract Zone R -2
3. Posted August 12, 1957 Published August 12,1957
4. Encroachment of 2 -k' into required rear yard setback of
5' for 2nd floor overhang only.
5. Overhang needed for additional living quarters due to size
of lot.
6. DISCUSSION: See discussion of Variance #396
7. .FINDINGS: The applicant has not shown on his application
a hardship which is required for the approval
of a variance application, therefore, the
Committee recommended denial.
8. On motion of Commissioner Keene, seconded by Comm. Smith,
.Variance Application #397 was DENIED by the following roll
call vote, to wit: ALL AYES
#198
1. RUDD, C. B. 1619 Bonnie Doone Terrace
2. Lot 81 Tract 1701 Zone R -1
3. Posted August 12, 1957 Published August 12, 1957
4. Encroachment of 5'3" into required front yard setback of 321.
5. Additional living space needed.
6. DISCUSSION: Note findings
7. FINDINGS% When this tract was originally subdivided the
subdivider designated staggered setbacks with
the setback on this lot being 321. In a R -1
district under the Zoning. Ordinance, a 20%
minimum setback is permitted with a maximum of
351. The Commission is of the opinion that in
cases of this type variances should be allowed,
but in no event should be less than 20'.
8. On motion of Commissioner Reed, seconded by Comm. HaytonY
Variance #398 was APPROVED by the following roll call vote,
to wit: ALL AYES
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1. HURTT, John N.
2. Lot 42 Block B
Page 5 VARIANCES
#399
416 Hazel Dr. CDM
Tract 673 Zone R -1
3. Posted August 12, 1957 Published August 12, 1957
4. Encroachment of 9' into required front yard setback of
10' in order to construct a garage.
5• There is no room on rear of lot due to property being on
Canyon. No alley at rear. No access to rear. Garage is
needed for off - street parking.
6. DISCUSSION: Note findings
7. FINDINGS: The Committee upon investigation of this property
found that th nearest neighbor had a setback
of approximately 5' from the front property and
stated that the applicant's proposed garage
addition could be adequately built with a : _u _r :• c
5' setback instead of the requested 1' setback.
A recommendation of approval was made by the
Committee of this application subject to the
condition that the setback be 5' from the front
property line instead of 1'.
8. On motion of Commissioner Hayton, seconded by Comm. Reed,
Variance Application #x`399 was APPROVED, subject to the above
condition by the following roll call vote to wit: ALL AYES
1. GOLDSMITH, Alfred G.
2. Lot 11 Block 2
3. Posted August 12, 1957
4. Encroachment of 4' into re
5. Additional living quarters
6. DISCUSSION: Note findings
400
117 Marine Ave. Balboa Island
Section 4 B.I. Tract Zone R -2
Published hugust 129 1957
quired front yard setback of 10'.
needed to accommodate family.
7. FINDINGS: The Committee stated that this variance request
is a situation which is exceptional and extra-
ordinary and distinguished from any other
property in the area. The applicant's property
is between two dwellings which are non- conform-
ing as to front yard setbacks. The view of
the applicatYt has been obstructed by these
violations, and the Committee feels that his
request is not out of order and he should be
permitted to come within the same setback as his
neighbors.
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VARIANCES
400 con't
8. On motion of Commissioner Keene, seconded by Comm. Smith.
Variance Application #400 was APPROVED by the following roll
call vote, to wit: ALL AYES
401
1. NORMAN, Maurice C. & Lola 124 Pearl Ave. Balboa Island
2. Lot 22 Block 7 B. I. Tract Zone R -2
3. Posted August 12, 1957 Published August 12, 1957
4. Waiver of side yard setback in order to permit construction
and continuance of stairway to 2nd floor apartment.
5. In order to enter the second floor apartment from the garage
or back alley, it is necessary.to walk around the house to
the front stairway approach. The proposed return would permit
direct access.
• 6. DISCUSSION: Mr. Linstead, representative of the applicant,
addressed the Commission, and stated among other
things that the additional stairway would create
a safety measure for the occupants as it would
provide ingress and egress to the alley side of
the property.
7. FINDINGS: The Committee stated that in their opinion, the
applicant had not shown a hardship as required
under the Zoning Ordinance for a variance and
found that an additional stairway would create
an additional fire hazard by having all of the
side yard space utilized.
8. On motion of Commissioner Keene, seconded by Comm. Smith,
Variance Application #401 was DENIED by the following roll
call vote, to wit: ALL AYES
RESUBDIVISIONS
1. PLOWDEN III, William D. 5204 & 5206 Neptune Ave.
S 2. Lots 9 & 10 Block 52 River Section Zone R -2
3. Posted August 14, 1957
4. Creation of two R -2 building sites.
5. Depth of lots makes it uneconomical to improve same.
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RESUBDIVISIONS
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6. DISCUSSION: Note findings
7. FINDINGS: Due to the exceptional depth of these lots
having street frontage on Neptune and River
Avenues, the Committee recommended approval
of this application.
8. On motion of Commissioner Copelin, seconded by Comm. Hayton,
Resubdivision Application #55 was APPROVED and the filing of
the final map was waived by the following roll call vote,
to wit: ALL AYES
#r56
1. WAGNER, Charles D. 5019 503, 5059 507 K Streets
Nw corner Balboa Blvd. & K Strs, Balboa
2. Lots 12, 13, 14 & 15 Block 27 Section: Eastside addn.
to Balboa
3. Posted August 14, 1957
4. Creation of two lots facing Balboa Blvd.
5. Existing lots are too small.
6. DISCUSSION: Note findings
7. FINDINGS: This applicant is creating two large lots out
of four small lots which the Commission feels
is a definite improvement to the neighborhood.
8. On motion of Commissioner Briggs, seconded by Comm..Smith,
Resubdivision Application #`56 was APPROVED and the filing of
the final map was waived by the following roll call vote,
to wit. ALL AYES
1. BRYANT, George W. 735 Via Lido Soud
2. Lot 30 except westerly 5' thereof Tract 907 Zone R -1
3. Posted August 14, 1957
4. Realinement of property lines.
5. DISCUSSION: Note findings
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6. FINDINGS: Due to irregularities concerning this application
the Commission felt that the application should
be held over for a second hearing, and that in
the interim, an investigation should be made and
a report submitted by the office of the City
Attorney.
7. On motion of Commissioner Hayton, seconded by Comm. Rudd,
Resubdivision #57 was set over for a second hearing on
September 19, 1957.
#58
1. JONES, Mr. & Mrs. S 2608 Cove St.
2. Lots 5 & 13 Block A -32 CDM Tract Zone R -1
3. Posted August 14, 1957
4. Realinement of property lines.
5. Lot 5 has existing residence and garage which encroached
Lot 13.
6. DISCUSSION: Note findings
7. FINDINGS: The Committee u}on their investigation of this
property found that this was the last lot in
this area which could be submitted for re-
alinement of property lines. It was felt that
a definite hardship would be created if the
application were denied.
8. On motion of Commissioner Hayton, seconded by Comm. Rudd,
Resubdivision Application #58 was APPROVED, and the filing
of the final map was waived by the following roll call vote,
to wit: ALL AYES
1. STROTHERS, Mrs. Ledia
2. Lots 11 & 12 Block 37
3. Posted August 14, 1957
540 El Modena Ave. Zone R -1
Tract: 1st Addn. Newport Heights
4. Realinement of property lines so as to create 2 lots - one
facing E1 Modena Ave. and one facing 15th St.
5. It is vital for me to dispose of part of this property for
financial reasons, and the proposed subdivision will enable
me to eliminate rentals and develop my own home and adjoining
yard at 546 E1 Modena Ave. 1:1ill also improve appearance of
the corner.
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Page 9 RESUBDIVISIONS
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6. DISCUSSION: The applicant was present and the Commission
questioned her as to how many rentals she had
on these two lots. It was revealed that there
were five rental units and under the Zoning
Ordinance, she is entitled to one unit for
each parcel.
7. FINDINGS: The Committee in their report to the Commission
stated upon their investigation of the property,
many violations were found in reference to rental
units and setbacks. It was felt that if this
application were approved, it would create
additional non - conforming conditions which would
be poor planning.
8. On motion of Commissioner Briggs, seconded by Comm. Keene,
Resubdivision Application #59 was DENIED by the following
roll call vote, to wit= ALL AYES
USE PERMITS
. #12�
• 1. DICKERMAN, Don 4323 West Coast Highway Zone C -1 -H
2. Portion of Section 28, Township 6 South, Range to 10, S.B.B.M.
3. Posted August 12, 1957
4. On -Sale liquor
5. DISCUSSION: This application was referred back to the Plan-
ning Commission by the City Council with the
following information:
"Since apparently the Balboa Coves Community
Association approves the use of Mr. Howard's
property for the sale of alcoholic beverages
with meals, it seemed to the Council that it
might be discriminatory against an individual
if Mr. Dickerman, in a neighboring locatioh,
were denied the privilege of selling alcoholic
beverages with meals. The matter was referred
back to you by the Council on July 22, 19575
for rehearing and consideration of the new
evidence."
Mr. Roy Dahlgren, President of the Balboa Coves
i Association, was present and protested the
granting of a use permit for the sale of
alcoholic beverages at this address for the
following reasons:
1. Insufficient parking.
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Page 10 USE PERMITS
• #323 con't
DISCUSSION - con't
2. If liquor was served with meals only,
how would it be policed.
3. ?Mould depreciate property values in the
neighborhood.
6: FINDINGS: The Committee recommended approval of this
application, subject to the following conditions:
a. A minimum of 25 off - street parking spaces
adjacent to the restaurant must be
maintained.
b. The electric sign on the east side of the
building must be removed or.moved to the
west side.
c. A solid masonry wall must be constructed
on the rear of the property in order
to reduce noise and to prevent children
• living in the Balboa Coves area from
coming on to said property.
d. Alcoholic beverages can be served with
meals only.
e. Use Permit granted for a period of one
year only.
7. On motion of Commissioner Copelin, seconded by Comm. Rudd,
Use Permit ;323 was APPROVED subject to the conditions
listed above, by the following roll call vote, to wit:
AYES: Copelin, Keene, Longmoor, Smith, Briggs,
Rudd, Hayton
NOES: Reed
COMM. ABSENT: Lind
Commissioner Keene stated that he would like to go on record
as being in favor of the granting of this use permit, how-
ever, he believed that no conditions should be attached.
In his opinion the control of sales of alcoholic beverages
in a commercial zone is a State function and not a function
of a municipality.
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1. JAYRED, Robert
2. Lot 34
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Tract 884
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810 11. Bay Ave.
USE PERMITS
#141
Zone R -1
3. Posting August 129 1957
4. Addition to garage on a non - conforming dwelling.
5. DISCUSSION: Note findings
6. FINDINGS: The addition to the garage will enable the
applicant to park two cars off the street and
will not create additional non - conforming
conditions.
7. On motion of Commissioner Briggs, seconded by Comm. Smith,
Use Permit Application was APPhOVED by the following roll
call vote, to wit: ALL AYES
1#150
1. SO. CALIFORNIii EDISON CO. No. side of Orange Ave., East
of Newport Ave.
2. Posted August 12, 1957
3. Alteration and addition to Sub - station
4. DISCUSSION: Note findings
5. FINDINGS-. Public utility buildings are permitted in any
district, subject to first securing a use permit.
This is an addition to an existing utility
building and the applicant has informed the
Commission that he will landscape as shown on
his application.
6. On motion of Commissioner Copelin, seconded by Comm. Rudd,
Use Permit 711350 was a pproved,subject to the condition that
the applicant landscape the grounds in accordance with the
plans submitted with his application, by the following roll.
call vote, to wit: ALL AYES
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1. BRUSH, Earl & Frances 3446* E. Coast Blvd.
• 2. Portion of Lot 5 Block T CDM Tract Zone C -1
3. Posted August 12, 1957
4. Manufacturing of clothing in a C -1 Zone.
6. FINDINGS: This applicant submitted a variance application
at the last regular meeting requesting waiver
of off- street parking in order that his existing
garage could be used for living quarters. The
garage had been enclosed without a' building,
permit and is in violation of the Zoning Code.
The applicant is now requesting that he be
permitted to construct a bedroom on this
dwelling which is non - conforming, due to set-
back violations.
The Committee recommended approval, subject to
the condition that the garage be converted to
its original form at the same time the new
bedroom addition is constructed,
7. On motion of Commissioner Copelin, seconded by Comm. Rudd,
Use Permit #352 was APPROVED, subject to the above condition,
by the following roll call vote to wit: ALL AYES
• `353
1. Dr. NEVIN, Robert 6902 -6906 Pecific Coast Highway
2. Lots 3,4,5,6, & 7 Seashore Colony Tract Zone C -1
3- Posted August 12, 1957
Page
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5.
DISCUSSION. Note findings
6.
FINDINGS: The use of this
property for the manufacturing
of clothing was
approved by the Commission
approximately one year ago. This is a renewal
application and
since there have been no protests
received during
the year the Committee recommended
approval for the
continuance of this operation.
7.
On motion of Commissioner Reed,
seconded by Comm, Hayton,
Use Permit 1'351 was APPROVED
by the following roll call vote,
to wit: ALL AYES
#352
1.
McKinney, Mace R.
4103 River Ave.
2.
Lot 5 Block 241
Canal Section Zone R -2
3.
Posted August 12, 1957
4.
Alteration and addition of a
bedroom to a non - conforming
dwelling.
5.
DISCUSSION. Note findings
6. FINDINGS: This applicant submitted a variance application
at the last regular meeting requesting waiver
of off- street parking in order that his existing
garage could be used for living quarters. The
garage had been enclosed without a' building,
permit and is in violation of the Zoning Code.
The applicant is now requesting that he be
permitted to construct a bedroom on this
dwelling which is non - conforming, due to set-
back violations.
The Committee recommended approval, subject to
the condition that the garage be converted to
its original form at the same time the new
bedroom addition is constructed,
7. On motion of Commissioner Copelin, seconded by Comm. Rudd,
Use Permit #352 was APPROVED, subject to the above condition,
by the following roll call vote to wit: ALL AYES
• `353
1. Dr. NEVIN, Robert 6902 -6906 Pecific Coast Highway
2. Lots 3,4,5,6, & 7 Seashore Colony Tract Zone C -1
3- Posted August 12, 1957
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#353 con' t
4. Operation of an animal hospital in a C -1 Zone.
5. DISCUSSION: Note findings
6. FINDINGS: The Co ?nmittee reported that the applicant is.
to spend approximately $15,000 in the improve-
ment of the building which is to be used for an
animal hospital. A recommendation of approval
of this property for this requested use was
approved, subject to the condition that the
plans submitted showing said improvement be made
a part of the application.
7. On motion of Commissioner Rudd, seconded by Comm:.Copelin,
Use Permit #353 was APPROVED, subject to the above condition,
by the following roll call vote, to wit: ALL AYES
#54
1. SHERMAN CO.; M. H. DBA Port Orange Marina 2241 W. Coast Hwy.
2. Lots 13, 14, 15 Tract 919 Zone C -1
3. Posted August 12, 1957
4. Operation of a fee parking lot in a C -1 Zone.'
5. DISCUSSION: Note findings
6. FINDINGS: The Committee stated in their report to the
Commission that they would favor any plans for
off - street parking and recommend that this
application be approved.
7. On motion of Commissioner Keene, seconded by Comm. Smith,
Use Permit #,`354 was APPROVED by the following roll call vote,
to wit: ALL AYES
1. GEARHART, Miss Dawn and COHBINE, M. K.
2. Haters of Newport Harbor Zone U
3. The operation of a ice cube delivery service, by boat, to
boats in the Harbor.
4. DISCUSSION: Note findings
5. FINDINGS. The Committee stated that if this application .
were approved, the Commission could not in the
fixture deny other applications submitted for
catering uses in the channel area: It was
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Page 14 USE PERMITS
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further stated that the Harbor is now very
congested and they believed that the delivery
of ice would create an additional hazard.
6. On motion of Commissioner Briggs, seconded by Comm. Hayton,
Use Permit Application #355 was DENIED by the following roll
call vote, to wit: ALL AYES
#356
1. GARDNER, Alan Dixon 208 Topaz, Balboa Island
2. Waters of Newport Harbor Zone U
3. To operate a catering service to supply pleasure boats
docked in the various channels of the Newport Harbor with
ice, soft drinks and other similar items.
4. DISCUSSION: Note findings
5. FINDINGS: The Committee recommended denial of this
application on the same basis as set forth in
Use Permit Application #355.
6. On motion of Commissioner Briggs, seconded by Comm. Hayton,
Use Permit Application #356 was DENIED, by the following
roll call vote, to wit: ALL AYES
1. LENZNER, Milton 3711 E. Coast Highway CDM
2.. Lot 2 Block BB Tract 323 Zone C -1
3. Posted August 12, 1957
4. Dog beauty salon - clipping and bathing only.
5. DISCUSSION: Note findings
6. FINDINGS: There were no protests received and in view
of the applicant stating that no animal would
be boarded overnight, the Committee recommended
approval.
7. On motion of Commissioner Reed, seconded by Comm. Hayton,
• Use Permit Application was APPROVED by the following roll
call vote, to wit: ALL AYES
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Page :'1.5
1. Third hearing on Resolution of Intention No. 614 to hold
Public Hearings on certain changes to the Subdivision
Ordinance.
2. Published June 27, 1957
3. Due to the absence of Mr. 'Jebb, City Engineer, who has an
additional recommendation to make regarding the revision of
the Subdivision Ordinance, Commissioner Copelin moved that
Amendment '41 be set over for another hearing on September 19,
1957, seconded by Commissioner Rudd, and carried, by the
following vote, to wit: ALL AYES
FINAL MAP43283
1. Presented to the Commission was the Final Map on Tract 3283
being subdivision of portions of Section 26 and 35 in
T6S R10 S.B.B.M. This tract contains 20 lots and will be for
single family residential use.
2. On motion of Commissioner Copelin, seconded by Comm. Smith,
• the Final Map of Tract 3283 was APPROVED, subject to the
following conditions:
a. All utilities must be installed undergound.
b. Sidewalks must be constructed in accordance with the
specifications of the City Engineer.
c. Subdividers to provide tree planting in accordance with
recommendations of Parks, Beaches & Recreation re its
letter of July 16, 1957 on any changes mutually agreed
upon.
A D D I T I O N A L B U S I N E S S
Presented to the Commission was a memorandum dated August 20, 1957,
signed by R. A. Glenn, Director of Building and Safety, wherein
it was reruested that the Commission review the plans for a
proposed roof sign at 3244 East Coast Highway. On motion of
Commissioner Copelin, seconded by Coma. Smith, the plans for the
proposed sign were APPROVED by the following roll call voteao
wit: ALL AYES )-to �Lhsr.I '
AYESi Copelin, Keene, Longmoor, Smith, Briggs,
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NOES: Dim, Hayton - a r-EYj
COMM. ABSENT. Lind
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Commissioner longmoor presented to the Commission'the Annual
Report covering activities for the fiscal year 1956 -1957.
On motion of Commissioner Copelin, seconded by Comm. Reed, and
carried, the Annual Report as submitted was APPROVED and the
Planning Staff was instructed to submit same to the City Council.
Business at hand being declared completed, the meeting was
adjourned on motion of Commissioner Hayton, seconded by Comm.
Smith and carried.
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Ray/Y. Copelin
Secretary
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