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HomeMy WebLinkAboutJuly 8, 2003MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD 4.A. 1. Held Tuesday, July 8, 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 DAVID LYMAN, Alternate 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 Fidler to approve minutes of the meeting held June 10, 2003. Motion carried. PUBLIC HEARING - FILE NO. 03-0593 -- STEPHANIE CHO -- CONDITIONAL USE PERMIT TO ALLOW A 19 UNIT APARTMENT COMPLEX WITH PARKING WITHIN A C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE DISTRICT AND A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 2600 NEW STINE ROAD. The Board of Zoning Adjustment granted a conditional use permit on December 10, 2003 to allow a small 17-unit apartment project. The applicant wishes to modify that approval and increase the number of units to 19 and slightly reconfigure the project design. Public hearing was opened. Pam McCarthy, property owner within the 300 foot radius, stated she was concerned with the ingress/egress to the property because of the speed of traffic along New Stine Road. There were no others wishing to speak either in favor or opposition. Minutes, BZA, 7/8/03 Page 2 Public hearing was closed. Member Fidler asked if there was a street or an alley that runs on the east side of the property and does it tie into the parking area on the northeast section. Staff planner Jim Eggert informed the Board members that at one time it used to be an alley but it has been abandoned and is part of the project to the north. Chairman LaRochelle commented that if this is approved, the egress portion appears to have a fairly tight radius and the radius probably needs to be made bigger. Staff planner Jim Eggert stated that under Traffic's conditions for site plan, a condition could be added to have the entrance driveway to be more oriented at 90 degrees heading outward to make the turn more easily. Motion was made by Member fidler to adopt the resolution with all findings and conditions, approving Conditional use permit No. 03-0593 as depicted in the project description with the condition that ingress/egress be approved by the City Traffic Engineer. Motion carried by the following roll call vote: AYES: Fidler, Lyman, LaRochelle 4.A2. PUBLIC HEARING - FILE NO. 03-0603 -- MICHAEL BAILEY -- CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES OF DRINKING WATER (SELF-SERVE KIOSK) IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 2100 BRUNDAGE LANE. Staff report was given. Staff planner Jim Eggert informed the Board members that an e-mail letter was received in opposition from Steven Montgomery, 2115 1st Street. Public hearing was opened. Clarence Cullimore resident in the area was not in opposition but did have some problems with the proposed project, one being the necessity of having any entrance from Oleander. This is a residential street and has a history of people going onto the lot and turning around. He believed they could get all the access that they need off of Brundage into the lot.. He was also concerned about the 25-foot request for the right-of-way and did not feel it was justified. Art Adams, property owner at 2100 Brundage Lane indicated that this is impractical for the applicant to go forward on it, and stated his opposition to the 25 feet of additional right-of-way. Minutes, BZA, 7/8/03 Page 3 Michael Bailey, applicant indicated that he was in opposition to Conditions, 1, 10, 11 and 13. There being no others wishing to speak, public hearing was closed. Member Fidler was in agreement that four approaches are not needed. He made reference to Conditions E. 1 and 2, and asked if the four approaches are in. Staff planner Jim Eggert replied that the four approaches are existing and the Traffic division is requesting removal of two of them. The one on Brundage would also be reconstructed to 36 feet top-to-top width. Member Fidler made reference to the 25 foot right-of-way dedication and asked if this could be done at a later date. He was concerned that the two approaches further away from the corner would have asphalt, the other two taken out and fixed properly, and they need some kind of barrier to keep people from going onto the dirt area. Staff planner Jim Eggert commented that once the drive approaches are used that are furthest out, it really means that the entire site should be paved. In addition, the applicant will have to install trees along the frontage. Alternate Member Lyman asked for comments either pro or con regarding the entrances from Oleander Avenue and the possibility of eliminating them. Staff planner Jim Eggert commented that since this is a use permit and the Board finds that not allowing access onto Oleander is preferred you have authority to restrict that access. Chairman LaRochelle addressed the issue of Oleander and the drive approach indicated that good traffic engineering would eliminate all driveways on the major street and put them on the local street so eliminating all driveways on Oleander would not be a good thing to do. He further made comment regarding the 25-foot dedication and the median, indicating that staff a number of years ago attempted to downgrade Brundage to a collector but was not approved. It is an arterial as shown on the circulation element of the general plan and it has to be widened to an arterial status with a landscaped median or pay an in-lieu fee. Alternate Member acknowledged Mr. Montgomery's concerns about the look of the structure, however, the Board is not here to judge the appearance as long as it meets the guidelines. Motion was made by Member Fidler to adopt the resolution with all findings and conditions, approving Conditional Use Permit No. 03-0603 as depicted in the project description. Motion carried by the following roll call vote: AYES: Fidler, Lyman, LaRochelle Minutes, BZA, 7/8/03 Page 4 4.A.3. Chairman LaRochelle commented to Mr. Adams that he agreed with his comments as to the conditions are a burden and makes this impractical. This is a very small project and is impractical for this small of a project to pay those types of fees and improvements. Perhaps this is the wrong project for that site. The City Council is there to discuss this with. They make the rules and staff just follows them. PUBLIC HEARING - FILE NO. 03-0604 -- FRANK HOBIN -- CONDITIONAL USE PERMIT TO ALLOW A SELF-SERVICE MECHANIZED CAR WASH WITH 14 VACUUM BAYS AND A CASHIER'S KIOSK IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 3201 PANAMA LANE. Staff report was given recommending denial of the project. One letter was received in favor of the Conditional Use Permit from Mr. George Martin. Public hearing was opened. Roger Mclntosh represented the applicant, Frank Hobin. Mr. Mclntosh reviewed the uses adjacent to the proposed project and indicated that staff is recommending denial based on the simple fact that there is adequate C-2 zoned property in the area to allow development of a car wash. Staff's justification for denial is that a C-2 use should not be allowed in a C- 1 zone. It was his understanding that C-1 zone allows this type of use with a Conditional Use Permit. He then read from the zoning ordinance the following, "The Board of Zoning Adjustment may grant such use permits where they are deemed essential or desirable to the public convenience or welfare." He then made his presentation of the surrounding zoning along with showing an aerial of the area. Mr. Mclntosh submitted a letter from Interstate Properties, owner of the Rite Aid Drug Store, and the shop building portion of the Albertson's center on the Northwest corner of Panama and Wible indicating their support of the project. Mr. McIntosh requested that a condition be written to allow for direct access to Panama Lane in that a waiver of direct access was imposed for this parcel and that access was required to be shared with neighboring Rite Aid. There being no others wishing to speak, public hearing was closed. Chairman LaRochelle informed Mr. Mclntosh that he would have to go before the Council to request direct access to Panama Lane. It would have to happen through a Planning Commission review. The original parcel map waiver was set up with one deceleration lane with one access point for two parcels. Minutes, BZA, 7/8/03 Page 5 Chairman LaRochelle further commented that if this were to adding conditions for this project that allowed another access. should have limited points of access. be approved, he would oppose Panama Lane is an arterial and Staff planner Jim Eggert stated that in anticipation that the Board might approve this project, handed the Board a list of conditions. Chairman LaRochelle recognized Mr. Mclntosh who commented that he was aware of the fact they would have to go through the appropriate steps to get that waiver vacated. The Board took a 5-minute recess to review the conditions. Motion was made by Member Fidler to adopt the resolution with all findings and approve Conditional Use Permit No. 03-0604 as depicted in the project description with modification to Public Works Condition #1 at the end of the second sentence, "and approved by the City Engineer for access to Panama Lane". Motion carried by the following roll call vote: AYES: Fidler, Lyman, LaRochelle 5. COMMUNICATIONS Staff planner Jim Eggert appologized for the last minute conditions for the Panama Lane item. He noted that if staff comes in with a denial, it seems contradictory if conditions are written approving the project. But in this case, it was appropriate rather than delaying the action for another month. He did not want to prejudice the Board by handing them out earlier but maybe that was a mistake. Member Fidler suggested that if there are last minute conditions to give them to the Board for review at the beginning of the meeting. 6. BOARD COMMENTS None. Minutes, BZA, 7/8/03 Page 6 ADJOURNMENT There being no further business to come before the Board, meeting was adjourned at 4:18 p.m. Isabel Williams Recording Secretary STANLEY GRADY, Secretary Planning Director