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HomeMy WebLinkAbout10/18/1951173 MINUTES OF PLANNING COMMISSION MEETING, THRRSDAY, OCOTBER 189 1951 AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE NEWPORT BEACH CITY HALL I ROLL CALL: Commissioners Present: Copelin, Longmoor, Pleger, Reed, and Wightman. Comm stoners Absent: Briggs, Ellerborek, Rudd, and Smith. MINUTES: Upon motion of Commissioner Copelin, seconded by Commissioner Reed, the minutes of the meeting of September 20, 1951 were apprd"d as submitted to the Commission. Motion carried. PUBLIC HEARINGS -USE PERMITS 1. Application of Wallace Jeffs for a four unit apartment at 1544 Miramar Drive, Balboa (Lot 20, Block J, Tract 518.). Set over from Sep- tember meeting. Chairman Longmoor asked if anyone wished to speak for or against the application. Mr. Fisher (a contractor) represented the appli- cant and submitted revised plans taking care of the problem of garage spmce. Informal discussion over.plans with the Commission and upon motion of Commis- sioner Copelin, seconded by Commissioner Reed,the hearing bas closed. Commis- sioner Wightman made a motion that the application be granted. Motion was seconded by Commissioner Pleger and carried by the following roll call vote, to -wit: AYES: Commissioners: Copelin, Longmoor, Pleger, Reed, and Wightman. NOES: None ABSENT: Commissioners: Briggs, Ellerbroek; Rudd, and Smith. ' 2. Application of Ned M. Jo son Balboa eriginals)gc"di A Use Permit to install steam buck press with 3 horse boiler & live steam return pump at 813 E. Balboa Blvd. Mr. Johnson was present to explain the applicat- ion to the Commission. Manufacturers of swim ware, denim, sailcloth and up to now have been able to handle job with steam iron but with present volume need a press. Upon motion of Commissioner Copelin, seconded by Commissioner . Pleger, the hearing was closed. Commissioner Copelin then made a motion that the application be granted subject to the approval of the Fire Department. Motion seconded by Gommissioner Wightman and carried by the following roll call vote, to-wit: AYES: Commissioners: Copelin, Longmoor, Pleger, Reed, and Wightman NOES: None ABSENT: Commissioners: Briggs, Ellerbroek, Rudd, and Smith. 3. Application of J Richard Pargmann for a food and produce market. at 7100 Coast Highway. Lots 3 and 4, Block 11, Seashore Colony) Chairman Longmoor declared the hearing open but on one wished to speak for or against. After discussion the commission felt that it was alright for the market to go in there (C-1 zone) and that the Use Permit was necessary under the ardinanod. Upon motion of Commissioner Pleger, seconded by Commissioner Wightman and carried, the Hearing was closed. Commissioner Copelin then made a motion that the application be granted subject to three things: ' (1) any refuse or debris be in covered continaers, (2) that no water be permitted to stand around the market, (3) that off- street parking be maintained as shown in.the appltation's sketch. Commissioner Reed seconded the motion and was carried by the following roll call vote, to -wit: 174 AYES: Commissioners: Copelin, Longmoor, Pleger, Reed, and Wightman. Lot NOES: None Block ABSENT: Commissioners: Briggs, Ellerbroak, Rudd, and Smith. 10' Lot 25, & VARIANCES ' Application of C. Lester Jones to construct one -car garage 15T 138 from front property line at 734 Poppy Ave, (Lot 1, Block B. Tract 673, Corona Lot del Mar). Chairman declared the hearing open and asked if anyone wished to Block speak for or against application. Mr. Jones was present and said that their property was on Buck Gulley and presented a problem and also that the next two 20, houses to his property are built out approximately 15' from the front. Secre- 139 tary Copelin read four letters from immediate property owners stating that they 22 & 24, had no objection to the granting of the application. Chairman asked if anyone 139. else wished to speak. - -Allen Ritter, 713 Poppy Ave: If variance is granted, will open way for other variance requests on that side of the street. Opposed the application- -would like variance himself. -- Marston, 709 Poppy Ave: Opposed the application. If variance is given then Mr. Vale (who owns 3 or 4 lot's) would be likely to ask for variance ,on his prop- erty. Mr. Jones sited the differences between the property on his side of the street and the other side which has alleys to enter garages. Commissioner Pleger moved the tearing be closed, seconded by Commissioner Reed and carried. Commissioner Reed then made a motion that the variance application be granted, seconded by Commissioner Pleger and carried by the following roll call vote, to -wit: . AYES: Commissioners: Copelin, Longmoor, Pleger, Reed, and Wightman. NOES: None ABSENT: Commissioners: Briggs, Ellerbroek, Rudd, and Smith.' AMENDMENTS AND REZONING: Second hearing on petition for amendment of certain property owners to rezone following described property from R -1 to R -2, in Corona del Mar. NE 10' Lot 139 & Lot 15, Block 138 10' Lot 25, & Lot 279 Block 138 Lot 12, Block 139 Lot 20, Block 139 Lot 22 & 24, Block 139. Mr. Cormack, Crestling, again spoke for the rezoning of the property. Owns 12/139. Commissioner Pleger moved the hearing be closed, seconded by Commissioner Wightman and carried. Commisioner Reed then made a motion that they reserve-decision on the part of the Planning Commission until the next regular meeting at which time they will hold the second hearing on the resoluition of intention of the Planning Com- mission to rezone the remainder of the property not covered by the original petition. Motion seconded by Commissioner Copelin and carried. Chairman Longmoor declared the first hearing open on the Resolution. of Intention #487 of the Planning Commissioh to rezone Lots 9, 11, All ex NE 10' of 13, 17, 192 21, 23, all ex NE 10' of 25, Block 138, and Lots 10, 142 160 18, Block 139, C. D. M. There was no discussion and Commissioner Reed moved that the hearing be dlosed, seconded by Commissionr Copelin and carried. Commissioner Reed then made a motion that the hearing be set over to the 'second hearing at the next regular meeting of the Planning Commission. Motion seconded by Commissioner Pleger and carried. 175` Chairman Longmoor declared the first hearing open on the proposed amendment to rezone Lots ll.through 19 inc., Tract 444 from R-2 to R -3 zone. It was explained that the loth had been changed to R -3 in 1948 but the City ' Attorney had neglected to amend the ordinance. Commissioner Wightman made a motion that the hearing be3 closed and set over to the next regular meeting for second hearing. ;Motion seconded by Commissioner Reed and carried. Chairman Longmoor opened the first hearing on the Resolution of Intention #486 of the Planning Commission to consider the amending of Section 9103.73 and 3110 of the Municipal Code so as to allow the use of commercial incinerators under certain regulations and conditions so as to reduce to a minimum the otherwise harmful results of such usage. Chairman Longmoor read a letter he had written to City Attorney Blodgett asking for data and infor- mation and then asked whether the Secretary had received such information. There was no such data or information on hand. Chairman asked if anyone wished to sepak for or against —no remarks. Commissioner Reed made a motion that due to lack of information at this time, the first hearing be fontinued until the next regular meeting of the Planning Commission. Mot.-.on seconded by Commis- sioner Pleger and carried. The Chairman presented tha;re- referral by the City Council of the Planning Commission's recommendation to rezone Lots 1 to 11 inc., Tract 1026 from R -1 to R -2, and read City Clerk's letter of transmittal to the Commission. One of three choices: '(1) send back as is, (2) make any changes deemed ad- visable, (3) re- publish and hold further hearings. The Commission did not see any necessity for changing the recommendation as made in July and upon motion of Commissioner Copelin, seconded by Commissioner Pleger, the original recommendation made in July was ordered returned to the City Council as is. Motion carried by the following roll call vote, to -wit: AYES: Commissioners: Copelin, Longmoor, Pleger, Reed, and Nightmsn. NOES: None ABSENT: Commissioners: Briggs, Ellerbroek, Rudd, and Smith. The Chairman declared the final heari open on the Sider appli- cation to rezone Lot 1, Block 13, Balboa Tract 901 E. Bay: Ave) from an R -3 zone to a C -1 zone. Mat Hurwitz, Attorney, was present representing the applicants. Stated that the reason he had filed suit against the City, City Council and City Planning Commission, was to protect his clients as a rewIlt of a law signed July 23rd by the Governor and which want into effect September 23rd, 151 making it necessary to have legal proceedings pending before September 23, 1951 to be valid. Applicant bought property as C -1 with inten- tion bf doing some commercial building on property. Submitted three . letters of appraisal from Tom Henderson, J. M. Miller, and Ralph P. Maskey, andelso submitted one withdrawal on objection to rezoning from Vena Scott. Mr. Hurwitz also put on file with the Commission.a copy of the action which had been filed. Property has 4,500 square, feet. 34' x 45' x 1141.' Has two buildings. on, total of four units. Has always been used as residential. Chairman stated that as fares possible the Commission refrains from injuring Property rights. City did hire planning consultants to survey the land. They recommended residential. Another reason for changing zone was that the possi- ble injury to adjoining property as a C -1. As C -1 property no setback would be enforced, whereas, the rest of the residential in the block would have to conform to setbacks. Have always followed the policynbf;:.dhhnging zones at streets and alleys and not within a block. - -Roger Van Pelt, owner of property next door to Sidl>r's. Not investing any money in his property until he knows what his next door neighbor is going to do. Vigonnusly. protested the application. All property own$rs but three in that block are protesting. 176 Commissioner Reed made a motion thAt the hearing be closed, seconded by Com- missioner Wightman and carried. Commissioner Copelin then made a motion that in view of the fact that the ' property was C -1 since 1396 until changed recently, and that the planning consultants stated that they could see no particular difficulty or hardship in zoning it C -1, moved 0-1 zone be granted. Motion seconded by Commissioner Pleger. Chairman stated that he appreciated the fact that it had been C -1 right along, but had never been used as C -1 and used as multiple residential prone rty and. before he'd be willing to put it to any other zone than what it's being used for, wants to see adjoining property owners have some protection and see what it would be used for. Doesn't think it would be fiar to adjoining property owners to make it legal for the corner to come out to property line and make them conform to setbacks. Commissioner Reed stated that the Commission has had a rigid rule about chang- ing at the beginning of the street. Met.with several problems where that was not enforced. Roll Call vote: AYES. Commissioners; Copelin and Pleger NOES: Commissioners: Longmoor, Reed, and Wightman. ABSENT: Commissioners: Briggs, Ellerbroek, Rudd, and Smith. MOTION NO CARRIED. Recommendation will be sent to City Council that amendment not be made. COMMUNI— The Secretary was ordered to write Robert G. Stevens (letter 10- 16 -51) advising. ' CATIONS: that could build three units if he can provide 1,000 sq. ft. as set up in ordinance. The Secretary was also ordered to answer two letters of E. D. Seaman, and B. F. List asking for change o£.zone on Pacific Drive between Acacia and Begonia and suggesting that they get all property owners in.blocks to agree on this and submit petition. . There being no further business, Commission Pleger made a motion for adjourn- ment, seconded by Commissioner Wightman and carried. Respectfully submitted, y cc an, Secretary G. J.