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HomeMy WebLinkAbout10/17/1957MINUTES, PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA October 17, 1957 8:00 P.M. ROLL CALL Commissioners Present: Copelin, Keene, Longmoor, Smith, Rudd & Hayton Commissioners Absent Reed, Briggs, Lind Minutes of the meeting of September 19, 1957, were approved on motion of Commissioner Copelin, seconded:by'Commis.sioner Hayton and carried.. VARIANCES 1. SCHROADER, William H. 303 & 303 Crystal Ave. B. I. 2. Lot 35 Tract 742 Zone R -2 3. Posted October 7, 1957 Published October, 9, 1957 4. An encroachment of 12 inches into a required front yard set- back of 3' for construction of a bay window. 5. This request will not interfere or affect bay view of neighbors to westq inasmuch as their buildings are set back only 4511 inches from sidewalk. Whereas my building is set back 8211 from sidewalk. This imposes a hardship on my prop- erty for larger room area and view. Dining area inadequate. This addition will provide more space, a better view of bay and improve architecture of house. 6. DISCUSSION: Note findings. 7. FINDINGS: The Committee reported that this property owner was in an unfortunate situation in that the dwelling to the East was out to the property line and obstructed his view towards the bay. The neighbor to the !Jest was within a very.short distance of the property line and it was the opinion of the Committee that the encroachment requested would not be detrimental to any other persons residing in the area, 8. On motion of Commissioner Keene, seconded by Comm, Rudd, Variance Application #409-was APPROVED by the following roll call vote, to wit: ALL AYES • , s • Page 2 1. SATTERFIELD, George & Mary 2. Lot 14 Block 14 3. Posted October 7, 1957 0 801 No. Bay Front Section 3 Published October 9, 1957 VARIANCES l0 Zone R -2 4. Encroachment of 5' into required 10' front yard setback. 5. This request is being made due to the irregularities of lot size and because of the dwelling to the east being within 3' of the front property line.. 6. DISCUSSION: Note findings 7. FINDINGS: A report from the Committee revealed that the adjacent neighbor to the.east was within 3' of the front property line and the structure obstructed any view to the east if the applicant was required to remain at,the 10' setback as established by the District Map.. There is .a street separation between the lot in question and the neighbor to the west, therefore, an encroachment of 5' on this property would not he detrimental to his view. The Committee recommended approval, subject to the condition that a garage space for two dwellings be provided in accordance with the specifications of the Zoning Ordinance. 8. On motion of Commissioner Keene, seconded by Comm. Hayton,: Variance-Application ¢410 was APPROVED by the following roll call vote, to wit: ALL AYES 1. SMITH, D. R. & Elva R. 402 Clubhouse 2. Lot 1 Block 432 Canal Section Zone R -2 3. Posted ^ctober 7, 1957 Published October 9, 1957 4. Encroachment of 3' into a required 3' front yard setback. 5. Want permission to build on property line rather than 3' offset to conform with uniformity of other buildings. 6. DISCUSSION: Note findings 7. FINDINGS: The City Engineer stated that some time in the near future an abandonment of the street in front of this property is likely which would contribute approximately 10' more land area to the applicant's lot. A neighbor to the east has already been granted a variance similar to this request, there- fore, the Committee recommended approval of this application. • 11 r 0 Page 3 VARIANCES #411 con't 8. On motion of Commissioner Rudd, seconded.by Comm. Hayton, Variance Application #'411 was APPROVED by the following roll call vote, to wit: ALL AYES 412 1. OTTAWAY, William W. 504 Hazel Drive 2. Lot 36 Block B Tract 673 Zone R -1 3. Posted October 7, 1957 Published October 99 1957 4. Permission to permit detached garage within 1' of side property line of front half of lot and construction of a swimming pool within 5' of front property line on front half of lot. 5. Canyon in rear makes front yard only area for building house, swimming pool and garage. 40 -ft. width makes 1' side yard setback necessary for garage to provide enough room for pool. 6. DISCUSSION: Mr. John Eldon, contractor, represented the applicant, and advised the Commission that due to typography of lot, the only possible way to construct a swimming pool on this property is to erect the same on the front half of the lot and to place the garage within 1' of side property line. 7. FINDINGS: It was the opinion of the Committee after consider- ing all arguments presented, that the attached garage on the front half of the property should not be permitted within 1' of side property line and that the swimming pool should not be permitted closer than 2' from the side property line. The Committee recommended approval of this application for a detached garage on the front of the property, swimming pool to be placed within 2' of side prop- erty line and within 5' of front property line. 8. On motion of Commissioner Hayton, seconded by Comm. Copelin, Variance Application #412 was APPR'i01 subject to the above conditions, by the following roll call vote, to wit: AYES: Copelin, Keene, Longmoor Smith, Hayton NOES: Rudd COMM. ABSENT: Reed, Briggs, Lind 9 r 1. LOCKHART, J. E. Page 4 VARIANCES 413 208 Grant 2. Lot 10 Block 9 Seashore Colony Tract Zone C -1 -H 3. Posted October 7, 1957 Published October 9, 1957 4. Encroachment of 10' into a required 20' front setback for construction of a dwelling. 5. It is proposed to build a dwelling on this C -1 property requiring a 20 -ft. setback which would cut the size of the building area down considerably. The proposed variance would conform with the surrounding dwellings. 6. DISCUSSION: Note findings 7. FINDINGS: This new dwelling is being built in a commercial zone which requires an automatic 20' front set- back. Other variances have been permitted in this area for a front setback of 51, therefore, the Committee recommended approval of this request. 8. On motion of Commissioner Rudd, seconded by Comm. Hayton, • Variance Application #f413 was APPROVED by the following roll call vote, to wit: ALL AYES 1+1?F 1. WOODWARD, Thomas E. 437 Morning Canyon Rd. CDM 2. Lot 37 Tract 1237 Zone R -2 -B 3. Posted October 7, 1957 Published October 9; 1957 4. An encroachment of 10' into a required 20' rear yard setback. 5. Unable to add bedroom and bath to existing dwelling. 6. DISCUSSION: Note findings 7. FINDINGS: This request for an encroachment of 10' into a required 20' rear yard setback was approved by the Commission on September 202 1957, but the, application was revoked as the owner did not initiate any construction within the period pre- scribed under Section 9106.41 of the Municipal Code. The Committee recommended that this re- newal application be approved. • 8. On motion of Commissioner Hayton, seconded by Comm. Rudd, Variance Application #f414 was APPROVED by the following roll call vote, to wit: ALL AYES C� • 0 Page 5 VARIANCES 1, ANDRE5.4S, Robert G. 604 St. James Place 2. Lot 29 Tract 1218 Zone R -1 3. Posted October 7, 1957 Published October 9, 1957 4. An encroachment of 10' into a required 201. front yard setback. 5. Existing 17 x 19 garages does not allow ample space for laundry facilities, two automobiles, and various tricycles and bicycle$, Service porch and breakfast area are needed adjacent to kitchen and this is the only space available. 6. DISCUSSION: Note findings 7. FINDINGS: The Committee upon investigation of this property found that the adjacent property owners were within 10' of the front property line and that the encroachment on this property as requested would not be detrimental to any persons residing in the neighborhood. Commissioner Smith stated that in his opinion, this proposed addition would be a definite improvement to the area. 8. On motion of Commissioner Smith, seconded by Comm. Rudd, Variance Application was APPROVED by the following roll call vote, to wit: ALL AYES J��6 1. FLANDERS, Mr. & Mrs. Norton B. 3505 Marcus (315 - 35th) 2. Lot 17 Block 235 Lake Tract Zone R-2 3. Posted October 7, 1957 Published October 9, 1957 4. Encroachment of 1' into a required 3' side yard setback. 5. 35th Street is narrow and all parking is across the street, therefore, the most practical access would be on Marcus. 6. DISCUSSION: The applicant was not present; therefore, on motion of Commissioner Copelin, seconded by Commissioner Smith and carried, this application was set over until the next regular meeting of the Planning Commission. s • is fTWK9 Pang. 4# and Ploy L. 2. Lot 8 Block 18 3. Posted October 91 1957 Page 6 • VARIANCES 1814 W. Ocean Front Zone R -3 Section B Newport Beach Tract 4. Encroachment of 60 into each order to permit construction beam for three =car carport. Published October 9, 1957 required 3' side yard setback in of posts to support structural 5. This lot provides for a 3 -unfit apartment house, which requires 8' per car or 24' between posts. If the posts are not allowed to encroach on the side line, the dimension between posts would be approximately 23'411. Just short of the requirements. 6. DISCUSSION: Mr. Jack Cornair, contractor, represented the applicant and stated to the Commission that the proposed structure for a three -car carport on this R -3 property was the only possible method by which compliance of the Zoning Code regarding garages could be made. 7. FINDINGSz The Committee reported the 6' encroachment into • each side yard setback would be an advantage to the neighborhood as it would permit three cars to be parked off the street and would not be detrimental to any persons residing in the area. 8. On motion of Commissioner Copelin, seconded by Comm: Rudd, Variance Application #417 was APPROVED by the following roll call vote, to wit: ALL AYES USE PERMITS 1. MUNN, Joseph E. 2212 Laurel Place 2. Lot 14 Tract 1188 Zone R -1 3. Posted October 7, 1957 4: Construction of a porch and patio to a non - conforming dwelling. 5: DISCUSSION. This application was set over from the regular meeting in September so that the applicant could present amended plans showing the construction of two garages to comply with the Municipal Code. The plans submitted were for carports on the . front half of the lot which are not permitted under the Zoning Ordinance. The applicant was advised that he must provide garages in accordance with the requirements of the Zoning Ordinance before his request for a porch and patio could be approved: Pago 7 • USB PERMITS . #365 con't 6. FINDINGSt After a lengthy discussion on this matter, the Committee recommended approval of this application, subject to the condition that two garages be provided in accordance with the require- ments of the Zoning Ordinance. 7, On motion of Commissioner Rudd, seconded by Comm. Hayton, Use Permit Application #365 was APPROVED subject to the above condition, by the following roll call vote, to wits ALL AYES #171. 1. BRANCH, William N., Jr. 101 Palm Balboa 2. Lot 16 Block 6 Tract 234 Zone C -1 3. Posted October 7, 1957 4. On sale beer 5. DISCUSSION: Mr. Howard Failor, lessor of the property in question, addressed the Commission in protest of this appli- cation. He stated that the applicant had leased this property to be used as a malt shop. He further • stated that there were 7 apartments above this establishment. 6. FINDINGS: The Committee stated that a Use Permit is required because this property is within 200' of a Resid- ential District which in this case is a Municipal parking lot. They further stated that there was a beer parlor at 109 Palm Avenue and they felt that the disapproval of this request would be discriminatory. 7. A motion was made by Commissioner Smith and seconded by Comm. Hayton to approve Use Permit 4.pplicatijn x,373. Said motion resulted in the folloving TIE VOTE: AYES: Keene, Smith, Hayton NOES. Copelin, Longmoor, Rudd COMM. ABSENT: Reed, Briggs, Lind The applicant, Mr. William Branch, Jr., who had not spoken to the Commission before the motion, requested to be heard at this time. He stated that Mr. Failor, the lessor of the property, had approached him during the period he was applying for his alcoholic beverage license from the State and inquired as to how his application was coming along. Mr. Branch stated that at that time, Mr. Failor made no objections to his application for a beer license. Commissioner Keene asked Mr. Branch if • there was included in his lease from Mr'. Failor any restrictions regarding the use.of the property. Mr. Branch answered in the negative. Commissioner Keene stated that he did not believe the Commission had any legal right to deprive the lessee of the Page S • USE PERMITS #171 con't use of this property for the sale of beer as it is a permitted use in a C -1 zone. On the basis of the additional evidence presented by the applicant and the comments of Commissioner Keene, on motion of Commissioner Rudd, seconded by Commissioner Keene and carried, it was moved that this application be reconsidered. Commissioner Keene moved that the Commission approve Use Permit hpplicat'on 7',`373, seconded by Commissioner Smith and carried, by the following roll call vote, to wit: AYES: Keene, Longmoor, Smith, Rudd & Hayton NOES: Copelin COMM. ABSENT: Reed, Briggs, Lind #Z 1: DOWNING, Sam H. 2110 Coral Place • 2: Lot 2 Tract 1220 Zone R -3 3. Posted October 7, 1957 4: Construction of 5 dwelling units on a R -3 lot. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee reported that a pattern has already been established by the Commission in permitting five units on these large R -3 lots in this area and recommended approval. 6: On motion of Commissioner Smith, seconded by Comm. Hayton, Use Permit application #374 was APPROVED by the following roll call vote, to wit: ALL AYES FIM 1. DOVNING, Sam H. 2101 Clay 2. Lot 21 Tract 1220 Zone R -3 3. Posted October 7, 1957 4. Construction of five dwelling units on a R -3 lot. 5, DISCUSSION: Note findings i Page 9 i ym i' _. con't 6. F;NDING6s Policy already established by the Commission permits five units on these R- 3.corner lots in this areao 7. On motion of Commissioner Smith, seconded by Comm. Hayton, Use Permit Application #375 was APPROVED by the following moll call vote, to wit: ALL AYES W. 1. MASON, W. F. 3012 and 3014 W. Ocean Front 2. Lots 7 & 8 Block 30 Lake Tract Zone R -2 3. Posted October 7, 1957 4. The addition of second floor to a non - conforming dwelling. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee reported that this application was non - conforming due to violation of rear yard set- back. The non - conforming condition will not be extended, therefore, a recommendation of approval was made by the Committee. 7. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit Application #376 was APPROVED by the following roll call vote, to wits ALL AYES #377 1. BATES, Mr. & Mrs. E. D. 324 Apolena, B. I. 2. Lot 13 Block 17 Tract: B. I. Zone R -2 3. Posted October 7, 1957 4. Enlargement of present garage and enlargement of bedroom and bath to a non - conforming dwelling. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee reported that this dwelling is non- conforming due to violation of side and rear yard setback. A recommendation of approval was made the that the garage on the subject to condition premises be brought into conformity with the requirements of the Zoning Ordinance. 7. On motion of Commissioner Keene, seconded by Comm. Hayton,.Use Permit Application #377 was APPROVED, subject to the above con- dition, by the following roll call vote, to wit: ALL AYES Page 10 USA PERMITS #378 1. HOYLE, Ralph L. & Jack 1501 E. 16th Street 2. Lot 148 Tract 1218 Zone. Unclassif _. 3. Posted October 7, 1957 4, Construction of a medical building in an unclassified zone. 5. DISCUSSION: The applicant was not present, therefore, on motion of Commissioner Copelin, seconded by Hayton, this application was set over for the next regular meeting of the Planning Commission and it was recommended that in the interim a study be made by the City-Engineer regarding proper access to this property from 16th Street. #179 1: WINN, Oscar A. 214 - 34th St. • 2. Lot 8 Block 133 Lake Tract Zone R -2 3. Posted October 9, 1957 4. Addition of a room within an already existing building. 5. DISCUSSION: Note findings 6. FINDINGS: This dwelling is non - conforming as the existing structure exceeds the maximum 35' front yard set- back; The Committee stated that the proposed addition to this building would not be detrimental to persons in the neighborhood and recommended approval. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit Application #=379 was APPROVED by the following roll call vote, to wit: ALL AYES #380 1. CORNELIUS, Harry L. 2712 E. Coast Highway, CDM 2. Lot: 1 Blocky M Tract: 323 Zone C -1 Lot: 2 Block: 733 Tract: CDM Zone R =2 • 3. Posted October 7; 1957 4. Permission to use a R =2 lot adjacent to a C�l lot for permanent parking. • LJ Page 11 USE PERMITS 380 con't 5. DISCUSSION. Note findings 6. FINDINGS. Under Section 9105.1(e) of Ordinance #f635, public or no fee private parking lots for automobiles may be permitted in any "R" district adjacent to any "C" or "M" district, subject to first securing a use permit in each case. The Committee stated that they were in favor of any provision by a property owner to establish off - street parking and recommended approval of this application. 7. On motion of Commissioner Hayton, seconded by Comm. Copelin, Use Permit Application #380 was APPROVED by the following roll call vote, to wit: ALL AYES ##381 1. BRAME, Gerald F. 2124 E. Ocean Blvd., Balboa 2. Lot 7 Block "F" Tract 518 Zone R -1 3. Posted October 7, 1957 4. Addition of two bedrooms and'bath to a non - conforming dwelling. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee stated this building to be non- conforming due to violation of side yard setback. The non - conforming feature will not be extended, therefore, they recommended approval. 7. On motion of Commissioner Smith, seconded by Comm. Copelin, Use Permit Application #381 was APPROVED by the following roll call vote, to wit: ALL AYES #382 1. THE IRVINE CO. Corona del Mar 2. Lot 181 Tract 2813 Zone: Unclassified 3. Posted October 79 1957 4. Permission to use .lot 181 for park purposes. 5. DISCUSSION. At the request of the Irvine Co. this application was set over until the next regular meeting of the Commission on motion of Commissioner Copelin, seconded by Commissioner Hayton and carried, by the following vote, to wit: ALL AYES n 0 0 9 Page 12 1s HUDSONy 0. W* 2. Lot 38 Block A 3. Posted October 7, 1957 228 Hazel Dr. Tract 673 USE PERMITS 2aL Corona del Mar zone R-1 4. Remodelling and addition to an existing -non- conforming dwelling. 50 DISCUSSION: Note findings 6. FINDINGS; A report of the Committee revealed that this dwelling is non - conforming due to an encroachment into a side yard setback. The encroachment will not be extended, therefore, the Commission recommended approval. 7. On motion of Commissioner Hayton, seconded by Comm. Copelin, Use Permit Application ;383 was APPROVED by the following roll call vote, to wit: ALL AYES A D D I T I O N A L B U S_I N E S S Presented to the Commission by Mr. J. Id. Drawdy, Planning Assistant, was a statement and proposed program in reference to street names for the principal highways of Orange County. It was pointed out to the Commission that there are forty -two arterial highways in the County known by 129 names, An Orange County Street Naming Committee has been appointed to make a study and recommendation to have each street known by one name only. 'On motion of Commissioner Hayton, seconded by Commissioner Copelin, and carried, the Commission endorsed the proposal submitted by the Orange County Planning Commission regarding street naming for arterial highways in the County of Orange. On motion of Commissioner Copelin, seconded by Commissioner Rudd, and carried, the meeting was adjourned until October 24, 1957 at 8:00 p.m., at which time a hearing would be held on the Master Plan and any additional business. Ray V Copelin Secretary