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05/26/1977 . ,.. ~ . . \. '~\ ~', t~~ ~v BOARD OF ADJUSTMENT AND APPEAL ON ZONING May 26. 1977 Members present: John K. Batstone. Chairman Edward H. Nichols. Vice-Chairman Harold J. House Kurt E. Youngstrom Frank Donnell - ..- ,_. u.__, _ Also prescnt: Edwin Blanton. BuildinB Director Sid Snair. Building Official Grace Loyd. P1anninB Official Frank Kowalski. Chief Assistant City Attorney The meeting was called to order by the Chairman at 4 p.m. in the Commission meeting room in City Hall. The Chairman outlined the procedures to be followed and announced the first request. ITEM '1 - The request of B. E. McDaniel for two variances. The Building Director stated the Code requires a 30 foot setback in an RS-100 zone, and the applicant has requested a 22 foot setback from Alameda Drive to erect a swimminB pool and a 19 foot setback (also from Alameda Drive) to erect a screen enclosure around the proposed pool. The applicant was prcsent and explained his requests re- lating to this corncr property. Mrs. Willis Unruh, owner of property adjacent on the west, spoke in support of the request. There vera no objections. s Upon consideration of the appeal of B. E. McDaniel from the decision of the Building Official concerning the request for a varianca to allow a 22-foot setback to erect a swimming pool and a 19-foot setback to erect a screened enclosure for .aid sw1ftming pool from Alameda Avenue on Lots 457. 458, and 459, Del'Oro Groves, which property ia located on the South- w..t cornor of San Bernadino Street and Alameda Avenue and i. '. , ' I .'; ,~. . (:\;;/&i:L: :1 ", :',' I ~ '.: /'. ,c., -.:..\:' "Cc ~ .)~:I';~'~':~;\~>:)'~:;J:':,~," t' , ":1 ~,t.~: I ~ " \ . , I ~ ,T .., "'-. . -', ~ p" . .r i " "S/26/~7' ..,.l' ., . ~~~"':11.: ; "<:. .... '..' I:"~.... ,,'~';:", ." . . ~ '; ~ . .... . ' ,. ,. :f~ ~ > '. ,.,". '. , "'U'...........-; -"f::~ . . ....:- ....... . . " .,. > . ~': JJ ...~: "~1' *"~'1':' .;J~~;'''''~''''''.1'l'' '\. +~ -.,,' . ... .... 1 h ';", 'I, , , , , , , I I I ' . , L.,.......~ ,/ .' :l~~_~~.a.. ~...._~~~~~i.;..~:l~;~1':<;~;;.;.-.:..11..".,::....~..:...~.,.r:....~'.....~~,...:: tL:.'~" ......~ . ~ ."~ ~ @., ,...... . ., ,.' zoned RS-100 (single family), it appearinB after this duly constituted public hearing, that there are practical diffi- culties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as it affects such property and that the same can be varied in harmony with the general purposes and intent of the zoning ordinance. Mr. House moved that such appeal be granted in ac- co~dance with the application submitted therewith, with the provision that the right to obtain a building permit in accord- ance with such variance shall cease after six (6) months from this date. Mr. Donnell seconded the motion which carried unanimously. ITEM 12 - The request of Daniel M. and Annette M. Macre far setback and lot coverage variances. The Building Director stated the Zoning Ordinance requires a 25-foot setback and 25% maximum lot coverage and the appli- cant has requosted a 10-foot front setback. and 29.55% lot coverage to erect a residence on pilings. The residence will meet flood insurance requirements. Mr. Blanton stated 90% of the properties on E1dorado Avenue have 10-foot front (East) setbacks granted by the Board over the years because of the short beach-side seawall. This variance will give the applicant similar property rights. William J. Kimpton. attorney repreQenting the applicant, cited the advantage of better air flow because the building will be on pilings. e, Upon consideration of the appeal of Daniel M. Macre from the decision of the Building Official concerning the request for a 10 foot setback from Eldorado Avenue and a variance of lot coverage requirements from a maximum of 25% to approxi- mately 29.55% to erect a residence on Lot 4, Block 3, Handa1ay Subdivision, which property is located on the west side of Eldorado Avenue approximately 60 feet south of Bohenia Circle and is zoned RS-50 (single family) it appearing after this duly constituted public hearing, that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordi- nance as it affects such property and that the same can be varied in harmony with the general purposes and intent of the zoning ordinance. Mr. Donnell moved that such appeal be granted in accordance with the application submitted therewith, with the provision that the riBht to obtain a building permit in accordance with such variance shall cease after six (6) months fro. this date. Hr. House seconded the motion. Upon the vote being taken. Hessra. Bat.tone; House, Youngstrom and Donnell voted ItAyetl; Mr. Nichola voted UNay.tI 'Hotion carried. r " ., , . " .' . ' .~/. . ;~~~\~~~\:~~:iit;jv~,;:,;;< ......,. . ,.... 2. ,r ,5/26/77 J'e,' F' \ .> ".' ' \ ' C':"T~:~':~"' :,":'1'..'; .....~.~_\3r";....'r~~T.,~.oo\ . " " C ~ ~ . . \, ,,' ",1,." , r ". ,,' .,: "<.. '/~\'~>: ,;..... "'1':::,::/" " ' . " ..........1; ......?' <<..:"t ,.....- ..~..... ,;>> . ' , .~ ..~...~. i!':- >'"...........~,.......:...<............'I'r ; ,j I... , ~. ., ,} .... ~.1"~:~~r:~:>l'. ~":~J".....A;:-o~~..,.. ~ ..............~..~:. u. '~ ',.' " I.... ~ and lot Hr. Nichols stated the zoning ordinance should be upheld it is preferable to grant variances in height rathe~ than coverage, especially on beach lots. f,1?\ ~ ITEM 13 - The request of Kern Harmon for n variance. The BUilding Director stated the Zoning Ordinance allows a 2Js-story or 25-foo t height and the applicant' 8 house is 28'3". Hr. Harmon explained his request for the residence which is already built. One letter of objection was read into the record. Upon consideration of the appeal of Kern Harmon from the decision of the BUilding Official concerning the request for a variance to allow a 28-foot. 3-inch height instead of the 25-foot maximum permitted and a third story instead of the 2~ stories permitted to erect a cupola on the residence on Lots 6 and 8, Block B. Oak Hill SUbdivision, which property is located on the Northwest corner of Glenwood and Elmwood Avenueo and is zoned RS-SO (single family), it appearing, after this duly constituted public hearing, that there are practical difficulties ar unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance ao it affects such property and that the sauecan be varied in harmony with the general purposes and intent of the zoning ordinance, Mr. Nichols moved that such appeal be granted in accordance with the application submitted therewith. with the prOVision that the right to obtain a building permit in accordance with such variance shall cease after six. (6) ~onths from this date. Mr. Youngstrom seconded the motion which carried unanimously. Mr. Donnell commented on after-tho-fact cases and Mr. Bats tone noted this is a rare occurrence. New Business The Chairman read ft letter dated May 12, 1917. fro~ tbe Kayor tu the adVisory hoards relating to two ~ajor changes in Ordinance #1664 limiting membership to two complete terms and stat~ng three or Dare unexcused absences during a 12-month period are cause for removal from member.hip. e Discussion ensued on Ordinance 11664 and the Board aaked the Aad..taut, City Attorney for an opinion a. to whether the ordinance' applies to thi,. (appeal) board or i. limited to ad- viaory boards. ,1 ..' " " J . . ;'-, " ;~'::~~,;.:~,)~~~.~~~:_~ . .<,'" ~ , ' ',1l~' l''\\ ,',r;:'~I~:;' 're' 1(, ! /f. ~:f'!.:~t;L':~;';~~,~}~I:' .c:~. < . "~. f , ~.:;:. ,:~.. ':.,' . 3. 5/26/77 ,. ." . . '. ..~c;7f. "..' \ :.'.. c' . '~ , '. ~ . . ...' .~ . .' , ;, ',' ", ;,.:~~~ ~. ..I............................:-~..~". ,~~ ':":':"I'O!