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HomeMy WebLinkAbout09/15/1955MINUTES- PLANNING COMMISSION MEETING, THURSDAY, SEPTEMBER 15, 1955 8:00 P.M.. CITY HALL COUNCIL CHAMBERS ROLL CALL: Commissioners present: Lind, Keene, Smith, Rudd, Need, Hayton, Copelin, Briggs Commissioners absent: Longmoor MINUTES: Minutes of the August 18th meeting were approved as submitted to the Commission Application of Mr. & Mrs. E. 0. Lawrence to permit the projection of the second story eaves to overhang the public right -of -way along the VARIANCES South Bayfront, Balboa Island. The property is located at 1700 So: Bayfront, in an R-2 zones Lot 1, Blk. 3, Section 5, Balboa Island. V - #245 NOTES: Mr. & Mrs. Lawrence were informed of the Building Dept's policy of permitting portable awnings or canopies in a residential zone,. which Lawrence, Mr. were removable when necessary, but the department could not permit per- & Mrs. E. O.manent construction over city property. FINDINGS: Mr. Stanley Meston (AIA) speaking for the Lawrences mentioned DENIED the very unusual conditions existing for the building sites on that portion of Balboa Island facing the So. Bayfront. The majority of hones do have an overhang which is in excess of the 2' 2" requested by Mr. & Mrs. Lawrence. All but two of the gommissioners expressed the opinion that this request was out of their province. The matter was sent to the City Attorney's office for a ruling, and the City Engineer's office suggested another approach to the problem. Com. Lind moved that the application be granted, seconded by Com. Reed, and LOST by the following roll call vote, to -wit: AYES: Reed, Lind NOES: Copelin, Bri #gs, Hayton, Rudd, Smith NOT VOTING: Keene Application of Glenn Warford to permit a rearyard setback of 511n an V - #246 R-1 District, at 2033 Balboa Blvd., Lot 28, Tract 948::''._, - " NOTES: There is no alley involved adjacent to this building site. Warford, Glenn Dean Kephart acting as agent for Mr. Warford made out a variance appli- cation #159 in 1954, for this five foot variance. He was granted this request, but did not make use of his permit. _ GRANTED FINDINGS: A neighbor, Mr. Bengat voiced his concern about the impair - ment of light and ventilation for his adjacent dwelling. Mr. Kephart assured this opposition that no plans were in the offering to build over the garage or expand in any other manner than that called for in the presently submitted plans. Com. Keene moved that the application be granted, seconded by Com. Briggs, and carried by the following roll call vote, to -wit: BLL AYES Application of Mr. Kelso for the waiver of certain off - street parking V - #247 requirements for a proposed office and store building. The building .will be located in the Lido Isle Shopping Center at 3424 Via Oporto Kelso, Harry on Lots 22, 23, 24, in Tract #1622, on a C -1 -H parcel. NOTES: The normal requirements for this property as zoned would be held over 24 parking spaces, the space available will privide room for 16 spaces. The applicant.. feels the pooling of all available parking area as provided by all the business houses will possi hly be adequate 171. for this shopping district. FINDINGS: After some discussion concerning the - availability of the private parking area across the street from the Kelso property, Com. ' Rudd moved that this matter be set over for a,second hearing October 20th, because of technicalities involved, seconded by Com. Briggs, and carried by the following roll call vote, to -wit: ALL AYES (Set over from August 18th meeting.), Application of Clair and Zernie Claxton of 127 - 42nd St.,Newport Beach for permission to construct a two car garage accessory building 24' % 21' in depth on the rear portion of a vacant corner lot. V - #243 NOTES: (in minutes of August 18, 1955) FINDINGS: The Commission heard of violations existing prior to 1946, Claxton, Zernie and which Mr. & Mrs. Claxton failed to correct. It was stated, if these & Clair violations still existing were brought into conformity with out existing zoning law, Mr. Claxton would in all probability be granted her request for a variance. The following opinion was from the City Attorney's DENIED office in regard to this matter: "It is the opinion of this office with regard to this matter that the City of Newport Beach may still take legal action against the Claxtons for the past violations ofthe Municipal Code as specifically set forth by the Building Department. Section 9109.2 of the Municipal Code as specifically set forth by the Building Department, Section 9109.2 of the Municipal Code provides in effect that a person shall be deemed guilty of a separate offense for each and every day that a violation of the Planning and Zoning Code is committed or continued. This section thus makes the past violations continuing offenses. As a practical solution to avoid legal action, this office feels that the Planning Commission has within its discretion the power to deny Variance ' #243 until the Claxton remedy the existing violations. By a like token, since this matter is within the discretion of the Planning Com- mission, the Commission may consider the variance separate and apart from the past violations and make a recommendation to this office as to what steps should be taken to correct the violations." The Claxtons or their representative were not present to plead their case. It was the view of the Commission that the Claxtons should apply once again for this variance, when the violations were coreected. Com. Keene moved that the Commission recommend the application be denied, seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES (Continued from August 18th meeting.) Application of N. Lindberg of 613 Orchid Ave., C.D.M. to permit a combined U.0 - #189 laundry and toolhouse in the rear of a building site containing three dwellings on an R-2 parcel, in two separate buildings. Located on Lots 11, 13, and * of Lot 9, Block 641, C.D.M. Tract. Lindberg, N. NOTES: The applicant claims insufficient storage area. The site does not contain garages, and is at present non - conforming. FINDINGS: The Committee reported a definite need for garage and storage Withdrawn facilities. The applicant was directed to amend his request so that garage space is included in the plot plans. The Building Dept. has cooperated with Mr. Lindberg in developing a suitable and acceptable plan, which shall include garage space as required by code. The applicant has withdrawn his application for Variance #189. 172 Application of Jesse F. Dickenson to permit the erection of a 45' U.P. #191 Antenna Pole for the transmission of messages used in the mobile operation of the local cab company. The antenna will be located at 416 Newport Yellow Cab Go. Blvd., in a C -1 zone, of the Newport Heights Addition. NOTES: Messages for the local Yellow Cab Co. shall be sent from another Dickenson, Jesseaddress, 3137 W. Coast Highway. The pole will be erected adjoining a rear two car garage. Lot 26, Blk. 8. Tract #27 Lot 26, Blk. 8 FINDINGS: A neighbor, Mr. Slegel expressed concern fer;the resulting Tr. #27 possible T.V. interference for the neighborhood, after this antenna were erected. .Mr. Vernon Starr, technical representative for the applicant explained the need for the exceptional height proposed to overcome bluff height. It was agreed that a trial period was necessary to.ba certain of the answer. Cum. Copelin suggested a six month time limit be placed as a condition to the granting of this use permit, and so moved, seconded Granted by Com. Rudd. Con. Hayton moved that the Commission recommend the granting of this use permit, for a period of six months, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES Application of David C. Chapman to permit the fabrication.of cotton U.P. #192 covered plastic foam swim belts and life preservers. Lot 5., Blk D.Tr #323 NOTES: Located at 26674 E. Coast Hwy., Corona del Mar, in a C -1 zone. Chapman, David C.Com. Copelin, acting as a committee of one, investigated the urgency of the applicant's request, and found a valid hardship would prevail were Lot 5, Blk. D. this matter not placed on the agenda in deference to the established Tract #323 deadline. Granted It was found the activity planned was in keeping with the area. Com. Hayton moved that the application be granted, seconded by Com. Smith, and carried by the following roll call vote, to -wit: ALL AYES Application of Earl L. Bagwell to operate an Ambulance Service at U.P. #193 409 E. 29th St., in the Lancaster Addition, Block 230, Lots 2,3,4, and 5, all in a C -1 zone. Bagwell, Earl L.NOTES: This matter was placed on the agenda in deference to the estab- lished deadline. Com. Keene and Lind acting as a Committee, felt this request could be acted upon in answer to a hardship problem of the Granted applicant. The Commission concurred with the applicant's views and request. Com. Keene moved that the Commission recommend the Granting of this Use Permit, seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES Application of Mr. Charles E. Duggan to resubdivide a parcel of land Resub. #18 consisting of Lots 17 and 18 of Block K, Tract #518, 1755 Plaza Del Sur . NOTES: The resubdivision will consist of squaring Lot 18, to gain an Duggan, Chas. approximate 35' lot front and rear. There will be a resulting pie - shaped strip of land which the applicant wishes 'tacked on' Lot 17. Lot 18 now Approved has a 35' front and a 40' rear. The Building Dept. has informed the applicant of the need for a 6' distance between buildings. There is now a 16" thick wall, which would be on the wrong side of the lihe. The additional non - compliance to our 'Resubdivision. #650 ordinance' would be lack of 80' depth, insufficient square footage (5,000 sq. feet is required), and a lack of 50' frontage on a street. These two lots are owned by one individual. 1.73. FINDINGS: The Commission did not feel this resubdivision mould constitute a detrimental condition to the general welfare of the neighborhood, and concurred with the applicant's request. Com. Briggs moved that the Commission recommend approval of this request for the resubdivision, seconded by Com. Keene, and carried by the following roll call vote, to —wit: ALL AYES It has been proposed to name the public thoroughfare bordering Stevechris Homes Development, and north of the Pacific Electric R/W — "Frontier Drive ". Residents of interest have proposed the name 'fteptune Ave.' Whereas, this Resolution of Intention was set for a Public Hearing(Sept. 15th), the streets were posted as per requirements of Section 65712, Calif. State Code. FINDINGS: Mr. and Mrs. Arthur, property owners of the area, vigorously 'Neptune protested thenaming of the thoroughfare, 'Frontier Drive' and suggested Avenue' 'Neptune Avenue'. Aftersome lithe debate it was agreed by all concerned that the name named 'Neptune' would be most suitable for the general area. Com. Hayton moved that the Commission recommend this street be named 'Neptune Avenue', seconded by Com. Smith, and carried by the following roll call vote, to —wit: ALL AYES The business at hand being completed, the meeting was adjourned on motion of Com. Hayton, secohded by Com. Lind, and carried. Ray Copelin, See tary