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HomeMy WebLinkAboutJune 10, 2003MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD 4.A. 1. Held Tuesday, June 10, 2003, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL BOARD MEMBERS: STAFF MEMBERS: Present: Absent: Present: JACK LEONARD, Acting Chairperson DONNA KUNZ JACK LA ROCHELLE DENNIS FIDLER 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 May 13, 2003. Motion carried. PUBLIC HEARING - FILE NO. 03-0486 -- ANTHONY JOHNSON -- MODIFICATION TO ALLOW A REDUCTION IN REQUIRED REAR YARD SETBACK FROM AN R-S (RESIDENTIAL SUBURBAN) ZONE DISTRICT FROM 50 FEET (REQUIRED) TO 25 FEET (PROPOSED) ALONG THE WEST PROPERTY LINE IN AN R-1 (ONE FAMILY DWELLING) ZONE LOCATED 4410 WATERFALL CANYON DRIVE. Staff report was given recommending denial because of the RS-10 zoning to the west. Two letters of opposition from the adjacent property owners to the proposed project were received by Planning staff.. Public hearing was opened. Minutes, BZA, 6/10/03 Page 2 Shelia Johnson spoke in opposition to the staff report, and indicated they would settle for a 15- foot setback if it meant they could position their home to more efficiently utilize the space on the lot. Where the city sump is located, there is a brick wall surrounding two sides and if the house is positioned to meet the ordinance, the windows will be facing the brick wall. Dominic Minaberri Curutchague spoke in favor of maintaining the 50-foot setback. There being no others wishing to speak either in favor or opposition, public hearing was closed. Acting Chairperson Leonard stated that he visited the site and when looking to the north he noticed that a house is only 10 feet away from the block wall and didn't understand how that could be. Staff planner, Jim Eggert stated that the property to the north is zoned R-1, not agricultural. The ordinance allows the agricultural uses to continue until such time as there is a 3-year lapse of agricultural operations or it is subdivided. The adjacent property to the west is still zoned agricultural so the uses can continue until such time the property is rezoned, if ever. Mr. Leonard asked if the setback was reduced from 50 feet to 25/30 feet and the agricultural use property were to build a barn somewhere in the northeast corner would it adversely affect the RS zoning. Staff planner, Jim Eggert indicated that the code states that if any pen, coop, stable, or corral, that enclosure has to be maintained 50 feet from any dwelling. Therefore, if a lesser setback was allowed for the home, it would squeeze the existing agricultural operation. Mr. Leonard stated that he did not want to set a precedent for others. He then asked for clarification from planning staff regarding non-habitable portion of the house such as a garage or a patio. Staff planner Eggert replied that they could put a garage, patio, swimming pool or a storage shed in the 50-foot setback area. Mr. Leonard recognized the applicant, Anthony Johnson who stated that when he first went to the Planning Department, he was told that the garage would have to be detached, and that it could not be part of the dwelling if it were to encroach into the setback. Staff planner Eggert commented that the code states no dwelling shall be within this area but does not apply to uses such as garages. Basically, encroachments can include any non-habitable areas. He further commented that the way the code reads, a straight line can be drawn across the front of the lot rather than a curve which would allow for the building to be pushed a little bit closer to the street. 4.A.2) Minutes, BZA, 6/10/03 Page 3 Mr. Leonard commented that with clarification on the setback that a non-habitable attached garage or a patio could encroach into the 50-foot setback that options exist for the setback to be maintained and that he could not support the request. Motion was made by Member Leonard to adopt a resolution with all findings denying Modification No. 03-0486 as depicted in the project description noting that non-habitable space such as an attached or detached garage or patio could fall within the 50-foot setback as allowed by the ordinance. Motion carried by the following roll call vote: AYES: Kunz, Leonard PUBLIC HEARING - FILE NO. 03-0503 -- MODIFICATION -- SITE DEVELOPMENT SERVICES, INC REQUESTED A MODIFICATON TO ALLOW DECOMPOSED GRANITE ROCK SURFACING IN PLACE OF ASPHALT CONCRETE SURFACING AT A PROPOSED RECREATIONAL VEHICLE STORAGE SITE IN A M-1 (LIGHT MANUFACTURING) ZONE DISTRICT LOCATED AT 1920 GOLDEN STATE AVENUE. This item was withdrawn by the applicant per letter received by the Planning Department. 4.A.3) PUBLIC HEARING FILE 03-0512 - MODIFICATION -- TED COUGHLIN REQUESTED A MODIFICATON TO ALLOW A REDUCTION IN THE REQUIRED FRONT YARD SETBACK FROM 25 FEET(REQUIRED) TO 0 FEET (PROPOSED) AND TO ALLOW A 6 FOOT HIGH FENCE WHERE A 4 FOOT HIGH FENCE IS THE MAXIMUM PERMITTED HEIGHT WITHIN THE FRONT YARD IN AN R-1 (ONE FAMILY DWELLING) ZONE AND AN R-1 HD (ONE FAMILY DWELLING- HILLSIDE DEVELOPMENT COMINGING) ZONE. 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 Kurtz to adopt the resolution with all findings and conditions, approving Modification No. 03-0512 as depicted in the project description. Motion carried by the following roll call vote; AYES; Kurtz, Leonard Minutes, BZA, 6/10/03 Page 4 COMMUNICATIONS None. BOARD COMMENTS None. ADJOURNMENT There being no further business to come before the Board, meeting was adjourned at 3:42 p.m. Isabel Williams Recording Secretary STANLEY GRADY, Secretary Planning Director