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Home My WebLink AboutMarch 11, 2003MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, March 11, 2003, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL BOARD MEMBERS: STAFF MEMBERS: Present: Present: JACK LA ROCHELLE, Chairperson DENNIS FIDLER DONNA KUNZ JIM EGGERT, Principal Planner JAKE SWEENY, Associate Planner ISABEL WILLIAMS, Recording Secretary The Chairperson read the Notice of Right to appeal as set forth on the agenda. 2. PUBLIC STATEMENTS None 3. MINUTES OF PREVIOUS MEETING Motion was made by Member Fidler to approve minutes of the meeting held January 14, 2003. Motion carried. 4.A. 1) PUBLIC HEARING - FILE NO. 03-0078 - CONDITIONAL USE PERMIT -- LOUNG CHAO REQUESTED A CONDITIONAL USE PERMIT TO ALLOW A 2-BAY DRIVE THRU CAR WASH AT AN APPROVED MINI MART/GAS STATION LOCATED WITHIN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 2524 OSWELL STREET. Staff report was given. Public hearing was opened. There was no one present wishing to speak in opposition or in favor. Motion was made by Member Fidler to adopt the resolution with all findings and conditions, approving Conditional Use Permit No. 03-0078 as depicted in the project description. Motion carried by the following roll call vote: AYES: Fidler, Kunz, LaRochelle NOES: None Minutes, BZA, 3/11/03 Page 2 4.A.2) PUBLIC HEARING - FILE NO. 03-0095 - CONDITIONAL USE PERMIT -- BRUCE HESS REQUESTED A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES OF SHAVED ICE REFRESHMENTS IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 4198 UNION AVENUE. Staff report was given. Public hearing was opened. Staff noted that condition #3 should be deleted since it was not relevant to the proposal. Pastor Michael Braun noted his concerns with respect to the various concessions and activities that are held in the parking lot, and also indicated that the parking lot is not in good condition. However, he is not in opposition to the shaved ice stand. Applicant spoke in favor. He indicated that he will keep the parking lot clean and free of trash. He also stated they help schools raise money thus they are children safety conscious. He also mentioned that the owner was contemplating adding fueling islands to the site but they would not adversely affect his operation. There being no others wishing to speak, public hearing was closed. In response to a question by Member Fidler, staff planner Jim Eggert replied that they would be working with Code Enforcment with respect to the current activities going on now. Mr. Eggert noted that the moving trucks. Car wash and outside sales are not legal activities and would be removed before the shaved ice business could operate. Chairman LaRochelle commented that the items that have been discussed need to be taken care of by the owner, and he isn't even present. Mr. Eggert stated that the conditions are enforced through the property owner otherwise,t he permit would be revoked by the Board. He further stated that staff would be in contact with the owner to discuss what would be necessary to bring his property into compliance with applicable proeprty maintenance and other city codes. Motion was made by Member Fidler to approve the resolution with all findings and conditions, approving Conditional Use Permit No. 03-0095 as depicted in the project description with changes to Exhibit 1, II, "The property owner shall repair the existing parking lot which would include the striping and maintain it in good condition within 90 days of the date of this approval unless a site plan is approved for new fueling islands, and deleting condition number 3. Motion carried by the following roll call vote: AYES: Fidler, Kunz, LaRochelle NOES: None Minutes, BZA, 3/11/03 Page 3 4.A.3) PUBLIC HEARING - FILE NO. 03-0108 - CONDITIONAL USE PERMIT - STEVENS & ASSOCIATES REQUESTED A CONDITIONAL USE PERMIT TO ALLOW A 2-BAY DRIVE THRU CAR WASH AT AN APPROVED MINI MART/GAS STATION LOCATED WITHIN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 5401 STOCKDALE HIGHWAY. Staff report was given. Public hearing was opened. There was no one present either in favor or opposition. Public hearing was closed. Chairman LaRochell asked that a condition be added requiring a 12 foot additional dedication along Stockdale Highway for the eventual right turn lane that would be constructed by the city. He then asked that the applicant, Loung Chao come forward, and asked him if it would be a problem at this time to require a dedication. Mr. Chao replied they took the pumps out along Stockdale Highway to accommodate for parking. If a right turn lane is required, there may not be enough parking. Mr. Eggert commented there is some diagonal parking, roughly 4 parking spaces that would be encroached on. Roger Stevens, project architect commented that originally there was parking in the front but the problem was there was no room for backing out, so that was the reason for leaving one island of pumps out. He further stated that with the island gone, they would like to see parking there. Chairman LaRochelle asked for a continuance. This problem should have been caught during site plan review. Chairman LaRochelle asked if they would agree to a 1 O-foot dedication or it could be continued. Mr. Eggert replied they would have 27 feet of backup so they would have enough room for 90 degree parking. Chairman LaRochelle stated for the record that the city wouldn't be asking for any of the driveways to be eliminated, and he was satisfied that the parking would not be affected by the dedication. Since the applicant was agreeable to the dedication, he saw no reason to continue the matter. Member Kunz asked about operating time of the car wash. Minutes, BZA, 3/11/03 Page 4 4.A.4) Mr. Eggert replied that the hours are from 7 a.m. to 10 p.m., and that the noise issue is not something they are concerned with residential uses are about one-quarter mile away. Motion was made by Member Fidler to approve the resolution with all findings and conditions, approving Conditional Use Permit No. 03-0108 as depicted in the project description with the added condition, 3II, that the owner would dedicate 10-foot for a deceleration lane along Stockdale Highway. Motion carried by the following roll call vote: AYES: Fidler, Kunz, LaRochelle NOES: None PUBLIC HEARING - FILE NO. P01-0951 - CONDITIONAL USE PERMIT - KONNY BOYD REQUESTED A ONE YEAR EXTENSION OF TIME TO AN APPROVED CONDITIONAL USE PERMIT THAT ALLOWED AN 80-UNIT SENIOR CITIZEN ASSISTED LIVING FACILITY IN AN R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE LOCATED AT 6200 AUBURN STREET. Staff report was given. Conditional Use Permit No. P01-0951 was approved by the Board of Zoning Adjustment in January of 2002, however the federal funding cycle has taken longer than anticipated for the applicant, therefore the need for the extension. Applicant has received grading approval but no work has commenced on the site. Public hearing was opened. There was no one present wishing to speak either in favor or opposition, public hearing was closed. Chairperson LaRochelle commented that Auburn Oaks Street will be constructed by the city for access for the post office due to the Fairfax Road interchange project. He noted they can work with the applicant to coordinate their construction activities. Motion was made by Member Fidler to approve the resolution with all findings and conditions, approving a one-year extension of time for Conditional Use Permit No. P01-0951 as depicted in the project description. Motion carried by the following roll call vote: AYES: Fidler, Kunz, LaRochelle NOES: None Minutes, BZA, 3/11/03 Page 5 COMMUNICATIONS None BOARD COMMENTS None ADJOURNMENT There being no further business to come before the Board, meeting was adjourned at 3:43 p.m. Isabel Williams Recording Secretary STANLEY GRADY, Secretary Planning Director