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HomeMy WebLinkAboutMay 13, 20034.A. 1 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, May 13, 2003, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL BOARD MEMBERS: Present: STAFF MEMBERS: Absent: Present: DENNIS FIDLER, Acting Chairperson DONNA KUNZ JACK LA ROCHELLE 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. PUBLIC STATEMENTS None. MINUTES OF PREVIOUS MEETING Motion was made by Member Kunz to approve minutes of the meeting held March 11, 2003. Motion carried. PUBLIC HEARING - FILE NO. 03-0321 -- 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 3300 PLANZ ROAD. Staff report was given. Public hearing was opened. There was no one present wishing to speak either in favor or opposition, public hearing was closed. Motion was made by Member Kunz to adopt the attached resolution with all findings and conditions, approving Conditional Use Permit No. 03-0321 as depicted in the project description. Motion carried by the following roll call vote: AYES: Kunz, Fidler Minutes, BZA, 5/13/03 Page 2 4.B.1 PUBLIC HEARING - FILE NO. 03-0291 -- MODIFICATION -- KSA GROUP ARCHITECTS REQUESTED A MODIFICATION TO ALLOW A REDUCTION IN REQUIRED SETBACKS FROM AN R-S (RESIDENTIAL SUBURBAN) ZONE DISTRICT FROM 50 FEET (REQUIRED) TO 11 FEET ALONG THE EAST PROPERTY LINE; AND FROM 50 FEET TO 12 FEET ON THE NORTHWEST PROPERTY LINE. THE PROPERTY IS PLANNED FOR A 6g-UNIT MULTI-FAMILY DEVELOPMENT AND IS ZONED R-2 (LIMITED MULTIPLE FAMILY DWELLING) LOCATED AT 10720 BRIMHALL ROAD. Staff report was given. Jim Eggert, staff planner commented that staff is supportive of the request adjacent to the existing church site. Animals are not permitted under the existing conditional use permit. There are animals along Shellabarger and to the east there is an equestrian facility, so staff could not support any setback reduction along the north and east property lines. Staff planner Eggert referred the Board to the northwest side of the site plan to the unit of buildings that staff has a problem with. Everything else adjacent to the existing properties with animal units immediately to the east and the rest of the property to the north satisfies the 50-foot setback requirement. It was understood that the applicant was in negotiation with City Public Works to create a drainage area at the southerly end of the property to serve a larger area thus reducing some of the units but it shoved everything further to the north. Planning staff noted some alternatives so that the applicant would not lose units and also to be able to satisfy the setbacks along the north property line. One option was that the recreation facility could be moved to the north. Staff also came up with an alternative to flip flop the units where the building would encroach only 5 feet into the setback consistent with properties to the north permitted under a City Council action. This would only be a 10 percent reduction. Acting Chairman Fidler thanked Planning staff for their effort in trying to make this project work, and was supportive of the alternative to flip flop the units since it would meet the applicant's needs, not affect the sump location, and not be inconsistent with previous reductions in the area granted by the City Council. Public hearing was opened. Ken Sorenson, President of KSA Group Architects gave a brief history of the property, and an overview of their project.. Marian Shaw representing Public Works Department indicated that they don't always have city sump sites available for all new developments. They typically form planned drainage areas through the subdivision activity and try to limit the sumps to one sump per 80 acres. However, this is an odd area in that it has been developed in a piece meal manner. She further commented about a project being designed to widen Brimhall Road and one of the things that came out of Minutes, BZA, 5/13/03 Page 3 that was recognition of an area along Brimhall Road that does not drain properly. The most economical way to serve this area is to put the sump at the low point and they have been working with the property owner to secure this sump area. Hopefully a slight redesign would accommodate everyone so that the developer could move forward with this project and the new sump could take care of the drainage problem on Brimhall Road. There being no others wishing to speak, public hearing was closed. Acting Chairman Fidler supported the drainage project because it is needed. However, he did not support moving the recreation building agreeing with the developer that it be centrally located in the project. Applicant, Ken Sorenson was recognized by the chair and indicated that he felt staff's redesign option is feasible. However, the little sliver of the westerly property line is still going to be a problem until some point in the future it becomes R-l, then it would most likely work. Staff planner, Jim Eggert agreed with the applicant in that the land use designation would allow that property to be rezoned to a non-agricultural zone and that staff was in support of the encroachment along the west property line. Member Fidler stated that he was willing to support that. Applicant stated there is a 20-foot deep garage and a 25-30 foot driveway setback with landscaping and walkway. There will also be a stucco brick wall which the city has already agreed to. Member Kunz commented that she was in support if the applicant was amenable to the changes. Motion was made by Member Fidler to adopt the resolution with all findings and conditions, approving the portion of Modification 03-0290 as depicted in the project description and identified on Exhibit 3 with the addition that the four units facing north that encroaches in the 50 feet would have reductions from 50 feet to 45 feet, and from the west property line as shown on the site plan. Motion carried by the following roll call vote: AYES: Kunz, Fidler Minutes, BZA, 5/13/03 Page 4 4.B.2 PUBLIC HEARING - FILE NO. 03-0375 -- MODIFICATION -- JACK VAUGHN REQUESTED A MODIFICATION TO ALLOW A REDUCTION IN THE NUMBER OF OFF STREET PARKING SPACES FROM 23 SPACES (REQUIRED) TO 16 SPACES (PROPOSED) IN A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT. THE PARKING SPACE REDUCTION IS REQUESTED BECAUSE THE APPLICANT PLANS TO ADD 252 SQUARE FEET TO AN EXISTING FAST FOOD RESTAURANT AND TO INSTALL A DRIVE THRU LOCATED AT 100 CHESTER AVENUE. Staff report was given. Public hearing was opened. Applicant, Jack Vaughn spoke in opposition to the staff report and indicated that he had taken an informal parking count on a daily basis from March 31st to May 12th, 10 a.m. to 10 p.m., every hour on the hour, and only on one day did they achieve one half of the maximum parking which is ten cars on the site. There were nine days where they had a nine car count, six days with an eight car count, and sixteen days with a seven car maximum. To meet current handicap codes they must add 252 square feet to the building for restrooms only and would be required to have three parking spaces for two bathrooms. The handicap parking would be put at the back of the building and a side door would be added at the south of the building for handicap entrance. They would eliminate the one entrance out to the drive-thru. Upgrading the property will most likely add two or three employees to the business. The upgrades to the property are necessary so that the business can be brought up to the standards of new developments in the area and increase the overall property value. There being no others wishing to speak either in favor or opposition, public hearing was closed. Member Fidler commented that he doesn't like to go against staff' s recommendations, however in this case because of the area and that the owner is willing to put out a significant cost to improve the business he must go against staff' s recommendation. Motion was made by Member Fidler to adopt the resolution with all findings and conditions approving Modification 03-0375 as depicted in the project description. Motion was carried by the following roll call vote: AYES: Kunz, Fidler Minutes, BZA, 5/13/03 5. Page 5 COMMUNICATIONS None. BOARD COMMENTS Acting Chairman Fidler stated his appreciation to the Planning staff for their diligence in putting a good working plan together. ADJOURNMENT There being no further business to come before the Board, meeting was adjourned at 3:51 p.m. Isabel Williams Recording Secretary STANLEY GRADY, Secretary Planning Director