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HomeMy WebLinkAbout12/05/1940DECEIMER 5, 1940 TIC NEWPORT BEACH CITY PLANNING COMFISSION met in adjourned regular session Wednesday, December 4, 1940, 7 :30 p.m. in the Council Chambers, City Hall; Chaiman Johnson 1.1eeting called to order by the Chairman. ROLL CALL Commissioners present: Findlay, Nelson, Patterson, Senger, Williams, Johnson. Commissioners absent: Allen, Estus, Hopkins. C011MUNI CATIONS Chairman Johnson asked for the reading of communications. Secretary read the following communications: 1 - Bill for membership in the American Society of Planning Officials for 1940 -41 - $5.00. Com. Patterson moved that this bill be approved and referred to the City Council with the recommends tion that it be paid. Seconded by Com. Findlay. i "otion carried. 2 - Letter from Ur. C. R. Prentiss request- ing permission to construct a garage with apart - ment above within one foot of the north property line on Lot 39 & I- of Lot 38, 31k 13, Sec 1, Balboa Island. JJJ After some discus,-ion it was brought out that, unity. livin` quarters above, this building would be considered a !ain building and therefore would be required to stay 3 ft. from the property line. Con. Patterson moved that the Secretary so advise Lr. Pr'witips. Seconded by C0.:,. Findlay. °"oti•on carried and so ordered by the Chairman.', 3 - Letter from Marguerite "?.acCulloch request- ing that her Lot 15, Bll; 26, Ealboa Eastside Ad- dition be zoned as R -2 In the new zoning ordinance., 4 - Letter from John Sherrod Harris, Vice- President of Pronerties Inc., requesting that the wording of pl�rz�7,r;ph (bj page 25 in the proposed a new ordinance be ch n=,ed from "a private garage may be built to the street and side lines" to read "a private resi'ence or private garage may be built to the street and side lines " -, or that the district maps be amended to show definitely that along the Ocean Blvd. frontage private residences and /or private garage may be built to the street line. DISCUSSION AND ACTION ON SUGGESTED CHANGES IN PROPOSED NEW ZONING ORDINANCE Chairman Johnson suggested that each of the letters requesting changes or protesting changes 1 in the new ordinance be considered separately at this time. Request of Properties. Inc. Mr. J. Sherrod Harris, speaking on the request of Properties, Inc., for a reduction in setback requirements on their property on Ocean Blvd. ex- plained that if the setback is placed at 10 ft. it ? Will amount to confisi,cation of this property be- cause the setback will then be below the bluff and it will be impossible to build on these lots. He did not consider this reduction detrimental because there are only 2 other lots beside the one already built on in Tract 1026 where the property line extends above the bluff. He stated that their building restrictions require two -front houses so that they are equally attractive from both Ocean Blvd. and the beach exposure. Attorney Thompson questioned whether a rouse would be any more objectionable above the bluff than a garage. Under the ordinance a garage may be built to the property line. In his opinion a house would be more desirable above the bluff than a garage. Com. Patterson remarked that if we permit a house to be built to the property line we are permitting a 35 ft. structure. The reason the 10 ft. setback was established was because the pro- perty owners in Corona del Tsar requested it. There has always been a certain amount of objection to building on the south side of Ocean Blvd. by persons owning propef °ty on the north side who pur- chased that property with the understanding that no houses would be built on the south side of the street to obstruct their view. hr. Harris commented that anyone purchasing' property on one side of the street has no juris- diction over the ether side. They have a large FOP- Investment in this property and they must realize something on it. Improvements on these lots would be a benefit to the city as well through Increased revenue from taxes. 1r. Harris said that he had had =takes placed on their property line along the bluff so that by inspection it could be easily determined ,just where their line Is. He felt that if the co mOtion inspected the property they .could see that no injury to other property owners would result from changing the setback in this location. Members: of the Commission expressed unwilling- ness to vote on this ratter until they had inspect- ed tic property in question. Co::. Williams moved that the City Engineer and building; Inspector meet as many of the Com - mission as can be present Saturday at 10 A.M. to go over the property with them explaining the situation. Seconded. ty Coy. Johnson. Motion carried Tir. Harris filed with the Planning Commission a ecpy of tV -eon restrictions placed on this property and a cop,; of the map of Tract 1026. Vli 4[4GV11 A3.YG1 G:./V G..4 ../'ri�i - `�3.v.1• Secretary read communications protesting this change. Because there has been considerable objection to the change in stoning; on the north side of Central Avenue between Alvarado St. anaa the first alley eLst of Stiefell s, Com. Patterson moved that this area be changed back to itz original zoning of C -1. Seconded by Com. Findlay. ,Kotion carried and so ordered by the Chairman.' H_ Oardas.a Slonn nrotest on rezoninn Blk 141. Fill Cvi Vim'. There was some discussion both favoring and opposed to the change to Rl ?. Com. Sealer said that the Commission was loosing; sight of the fact that this property is on one of the entrances to our city and should be �= made as sightly as possible. We must be mindful of individual property values but at the same time not loose sight of comprehensive planning. Any zoninG upward will be incre,aIng the value of the property. Com. Patterson felt that most of the property owners in this district wanted_ an R -2 zone. Co;--. Patterson moved that the reauest of H. Cardoza Sloan for C -1, zoning of Elk 143, Canal Section be denied. Seconded by Com. Seager. P:_otion carried and so ordered by the Chairman. Com. Findlay felt that "'.r. Gilmour had mis- understood the effect of rezoning on his property and thought that he would not be permitted to use it as an apartment house under the new zoning. Co:,. Findlay moved that the petition of Wm. R. Gilmour be denied and that the Secretary be in- structed to inform L:r. Gilmour that the rezoning; will not effect the present use of his property. Seconded by Com. Seager. 1'otlon carried and so. ordered by the Chairman. Protest of Elizabeth Haid - Corona del t'ar to R -1. Com. Seager moved that the protest of Elizabeth' Haid against rezoning of the property in Corona del 2 " ^.r be denied. Seconded by Com. Findlay.' Lotion carried. Protest of VIPmes A. R<.bnett - Corona del ;iar to R -1.. Com. Williams moved that this protest be denied an- that the Secretary be instructed to write wr. Rabnett explsainixng, that permits will be considered for those persons who have a house on the rear of their lot and who.contemplate building on the front in the future. Seconded. by Com... John on. 17otlon carried. Co:-.i. Findlay moved. that this protest be denied. Seconded by Con,. Se<.`,er. Piscuecion of thi.e protest revealed the fact that only Lot 1 of Elk 133 is effecter by the new zoning. Motion carried.. Protest of Katherine I. Fellows - Corona del Mar -R -1. Com. Firalay moved that this protest be denied. Seconder' by Com. Seager. ;lotion carried. Fr ; Protest of Eugene U. Brings - Corona del Mar -R -1. It was pointed out by Com. Patterson that Ir. Brlo2s' property is not affected by the new ordinance. Com. Findlay moved that this protest be denied. Seconded by Cam. Nelson. Motion carried. Protest of C. A Bradford & Hattie Claybrook on ?oz. Wager said rezoning with several they were in favor of Com. Findlay sov Seconded by Com. Motion carried. he had discussed this owners on the street and this c'_ =6e . 3d that this protest be denied Water. Cob.. Patterson pointed out that this land is now in use by the Richardson Yacht Basin and is in C -2 classification. He said that an R -1 classifi. cation had been recommended and in his opinion it wao not Good planninS to go from C -2 to R -1. Com. SeaSer said the bluffs are laid out for residential use in the Irvine Co. plan for future development and in his opinion to have C -2 classifi- cation along the water front directly beneath this property was not consistant with their own plan. Attny. Thompson said that to change this property from C -2 to R -1 would amount to unjust discrimination. Com. Patterson moved that the property owned by the Irvine Co. easterly of Balboa Island and northerly of U. S. Bulkhead Station 104 be changed back to its original zoning, of C -2. Seconded by Con. Findlay. :,lotion carried. SUGGESTED CHANGES Letter from J. A. Beak requesting amendment to his lease on property known as Beacon Bay and : Balboa. Yacht Basin so as to allow the property between the Beacon Bay Subdivision and Balboa Yacht Basin to be used for park, recreational, residential or educational purposes. After some discussion. Com. Patterson :coved that this communication be referred back to the to the City Council with a communication stating that no action by the Plannin_; Commission on this a atter is necessary, Cora. Sea8e2^ offered an -mendment to the motion that the Secretary be instructed to write Mr. Beek' � a letter e- plaininE; ;what the action of the Planning Comrission had been. Seconded by Co:. `Williams. ?;lotion carried as amended. a Letter from ,;orlon, Twist and Parker rec,uesting a, C -2 zonin1 on Bl'_r "F" , Tr^ct 019. tom. Sec.ier Lovc-:a +C_.:t the Secre *ary be instruct ed to inform, i.:r, Parker that under the now.existing ordinance an' :,Hers of r ^operty may request change in zoning of that property. Soccn,.ed by Com. Patter •on. .110tion. carried. Letter from-C. Culp recuestin chsn6e in zone to h.isiness class3.ficn_tion on the e a tcrly corner of Laf -yette Ave. and 32nd St. Coar. Patterson moved that the property known . s t? e Hudson lying ea terly of Lafayette Ave, be; •zoned 2 anC. the property known n as the Hudson for 100 ft. we terlj of L„fayette Ave be, zoned C -2. tilt y. ILonNSr s ld '.e dial not e ^ant to see bI p roperty recoEnized as property of the Culp Realty '. Co. It has been I.edioated as a public r: &.y and fir.' Culp cannot 81ve title to it. He said he would like to see it sh, on the map as a public way. ny t 4 �, withdrew ly Pu ; r,.o n . w.thdre is moticr_. t Corn. Patterson moved that this request be ; denied. Seconded. by Com . Nelson. i::otion carried. CO m. Findlay a:oved th,�' the City Engineer be instructed to hs:nSe the maps sO t'aat the property k.no:an as the Hudson will. be shown as a public way. Seconded by Com. Neleon, ,otinn carried. Letter from Pacific Electric Co. requesting that property on State Highway betw =een 57th St. and the northwesterly boundary of the city be zoned C -1. It a«s Com. Patterson's opinion that this property should be left R -3. ;d2 Com. Patterson moved that this request'be denied. Seconded by Corn. Williams. • Motion carried. Letter, from A S. Hunsaker requesting; that the district from the - present business district in Newport to 30th St. be zoned R -3. Cow. Nelson moved that this request be denied. Seconde? by Com. Williams. Motion carried. Letter from Karnuerite lacCulloch requesting re- zoning of Lot 15, Kh 26, Balboa Eastsi.de Addition to T;2. Com. Patterson called attention to the fact that althnuEh an R -2 use exists on the property at this time the owners westerly of her property wish this property to remain R -1. He did not see hoar the commission could zone her lot R -2 when all the surrounding property is R -1. Asked if the former suit involving this pro perty would affect a reclassification of this y pro,,ert r, At*ny. Thompson satd that the court decision vrill have no effect on any action the commission might take at this time. This is now R -2 to all • intent „ and purposes. Sonc of tie CommiEAon felt that Mr. Hopkins as the adjoining property owner should be given an oprortu: ity to express his opinion on the latter. Com. Williams moved that Liss LacCulloch's request for change in zoning be denied. Seconded by Co~:. relson. Vote on tie motion resulted in a tie vote. Com. Patterson suGZested that the Chairman advise Mr. :-oplins that this matter will be settled one way or the other at the next meeting;. Brief Case Con. Seaver called attention to the volume of papers and correspondence in connection with meetings of the commission and moved that the comma -ion authorize the Secretary to purchase a brief case for the use of the Secretary. 3 Seconded by Con. Williams. lotion carried. 4 5 rt ADJOUTUMENT On Notion of Cor. Patterson, seconded by Com- ?Williams anJl carried tie meetinG adjourned. Res ct_ °tally submitted, ?I0 "'WAND w`; 3ZAG� , Sec, to Y.