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HomeMy WebLinkAboutMay 9, 2006 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, May 9, 2006, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL 1. BOARD MEMBERS: Present: GEORGE GONZALES, Chairperson PHIL BURNS JACK LA ROCHELLE STAFF MEMBERS: JIM EGGERT, Principal Planner ROBERT SHERFY, Deputy City Attorney II GEORGE GILLBURG, Engineer II ISABEL WILLIAMS, Recording Secretary The Chairperson read the Notice of Right to appeal as set forth on the agenda. PUBLIC STATEMENTS 2. No speakers cards were presented. MINUTES OF PREVIOUS MEETING 3. Motion was made by Member LaRochelleto approve minutes of the meeting held April 11, 2006. Motion carried by group vote. PUBLIC HEARING - FILE NO. 06-0419 -- WILLIAM AND JOCELYN OATS 4.A.1. HAS REQUESTED A CONDITIONAL USE PERMIT TO CONSTRUCT TWO 2,280 SQUARE FOOT DUPLEXES ON A 15,000 SQUARE FOOT SITE WITHIN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE LOCATED AT 1402 AND 1404 KENTUCKY STREET The public hearing opened for comments. Staff report was given by Jim Eggert. No one spoke in opposition or in favor of this application. The public hearing is closed. Member La Rochelle moved to adopt the attached Resolution with all findings and conditions approving the Conditional Use Permit 06-0419 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, La Rochelle, Gonzales NOES: None. Minutes, BZA, 5/9/06 Page 2 PUBLIC HEARING - FILE NO. 06-0428 - JACQUE DOOLITTLE HAS 4.A.2. REUESTED A CONDITIONAL USE PERMIT TO ALLOW TEMPORARY FARM ANIMALS FOR 4-H/FFA PROJECTS ON A 7,500 SQUARE FOOT SITE LOCATED IN AN R-1 (ONE FAMILY DWELLING) ZONE LOCATED AT 1717 HENDRICKS LANE. Staff report was given by Jim Eggert. Public hearing opened for comments. Member Burns excused himself since he had ruled on the Code Enforcement hearing. Pauly Morgantini stated she lives to the east, and she does not want any cows or pigs. She stated that she was under the impression that it was a temporary request, and now it appears to be for breeding purposes. Roger Lowe stated he lives to the west and he is in opposition due to the noise from the animals which lasts most of the day. He stated he also objects due to the odors and an already bad fly problem. Nancy Lowe stated she lives to the west and that she is not in favor of this application as she was under the impression that it was going to be temporary. She pointed out that the school has facilities for farm animals, and she does not want the farm animals living next door to her. Kathy O’Brien stated she lives behind the subject property and noted that she noticed the odor in January and then she heard the animal noises. Their ewe has already had two babies and is still on the property. The applicant put a letter in the neighbor’s mailbox saying that the pen is cleaned twice a day, which is not true. She stated she objects to the noise and the smell. Ms. O’Brien further inquired who would police the requirements put on the Conditional Use Permit if granted. Hershel Brown stated he turned in a petition in opposition to this application. He stated that he lives at 2708 Houchin Road, and these animals should be moved out as the temporary period is up. People feel that they have been lied to and misled. He also stated his concern with contamination of the two city water wells nearby. He further inquired who is going to post a bond when there is a lawsuit filed. He complained of the runoff and fly problems. Sarah Doolittle stated that she’s been in the South High FFA for four years and has raised sheep all four years. She stated the reason the animals are at her house is because the farm can only keep them there until you are a senior. She stated that she will be graduating and going off to college and she does not want to lose her project as it will be something she will continue on with. She indicated that this project has helped her raise thousands of dollars for college, and she has put in countless hours and her own money to support this project. She indicated that she cleans the pens daily. Minutes, BZA, 5/9/06 Page 3 Alisa Penya stated that she has been an acquaintance of the Doolittles for over a year, and indicated that she frequents the house at least two or three times a week. She stated that she has never seen the pen the way the opposition is describing it, and has always seen it clean. Pauly Morgantini stated she doesn’t live as close as some of the others in opposition, but the applicant has been a good neighbor. Jackie Doolittle stated there was some confusion at first with the conversations that she had with her neighbors. She stated over the last year her daughter raised a pig and it was in their yard for 10 months. She stated that nobody knew it was in the yard because it didn’t make any noise, and there were no excessive flies as the pens were cleaned twice a day. She stated that only problem occurred when they got the sheep because they are a little louder when they baain in the morning during feeding. She stated that they have installed an automatic fly sprayer, and indicated that she doesn’t have a big problem with flies in her house or her yard. She stated that with regard to mice and roaches the neighbor behind her has a wood pile where the mice hide and breed. She stated that she hasn’t seen any mice in a long time. She stated they didn’t have the sheep in January because it was off the property being serviced from November through January. Ms. Doolittle stated that with respect to the noise, they can recondition the sheep where they feed later in the morning if the neighbors want. She further stated that she could move the hay so that it is away from the fence. She concluded by stating that she is willing to work with the neighbors. The public hearing was closed. Member La Rochelle stated he would like to see a compromise with a time frame. He stated the rats probably are coming from the wood pile, and that the flies are probably coming from horses in the area. He further commented that the water well contamination is not an argument because it is not going to happen from the applicant's animals. Jackie Doolittle stated that she would like to keep the sheep through the fair. She stated that they usually get animals in March and they are kept until September, and she would like for her younger daughter to be able to have an animal. Member La Rochelle stated that this additional request becomes problematic because the zoning is not appropriate. He indicated that his compromise would be to finish out this current year/situation. Mr. Eggert stated that one option would be to just allow the permit for only six months, st until November 1 once the fair ended. The applicants would be allowed to keep what they have (the ewe and two un-weaned lambs), and then the permit would cease and the animals would no longer be allowed on the property. Member Gonzales inquired who the CUP police is, to which Mr. Eggert indicated it would be a combination of people if it got out of hand through both planning and code enforcement. Minutes, BZA, 5/9/06 Page 4 Ms. Doolittle stated that she has an open invitation to her neighbors and has left her cell and phone numbers because she is not a bad person and she wants to be a good neighbor. Member Gonzales inquired of Ms. Doolittle if the younger daughter Katie would just be having one animal to which she responded it would only be one animal, and a cow would not be feasible, so it would probably be a sheep or goat, or chickens. However, chickens smell more then sheep and make more noise then a sheep. She indicated that it would be just a six month project from May to September. Mrs. Lowe stated that she’s known the Doolittles for about 16 years, and they have been very good friends. She stated that she feels that the Doolittle’s situation should not interfere with what the zoning regulations are in the neighborhood. Member Gonzales stated that if something isn’t allowed by right, then there are circumstances that if met would allow people to get permission to do something like the FFA project with a Conditional Use Permit. Mr. Eggert confirmed this understanding. Member Gonzales continued to state that therefore, they are following the city requirements, and in this case they are trying to determine if both sides can live with a compromise. Member Gonzales stated that he likes the idea of deferring this for a month to see if some compromise can be worked out. Member La Rochelle stated that he is leaning toward this permit only allowing a completion of something that was started, and then it would end. Member La Rochelle moved to defer a decision on this item for one month to the June13, 2006 meeting, and during that time the applicant will try to work with the neighbors involved to see if there is some kind of compromise that can be made that would allow a completion of this one project, and at that time it would revert back to the regular zoning, and it would not be allowed anymore. Motion carried by the following roll call vote: AYES: Members La Rochelle, Gonzales. NOES: None. PUBLIC HEARING - FILE NO. 06-0559 - LES PIERCY HAS REQUESTED A 4.A.3. CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES AND INSTALLATION OF TIRES AND CUSTOM WHEELS AT AN EXISTING 3,895 SQUARE FOOT COMMERCIAL BUILDING IN A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE LOCATED AT 2730 BRUNDAGE LANE Staff report was given. Mr. Eggert noted receipt of some letters in opposition to the project. The public hearing is opened. No one spoke in opposition. Minutes, BZA, 5/9/06 Page 5 Carl Leasch a business owner on Brundage Lane presented a couple of letters from other businesses in the area in favor of the CUP. He read the letters into the record. Les Pearcy stated that he has six locations here in Kern County since 1980. He stated that every location has opened in commercial zone, and they did not foresee any problems with this location. He stated that they recently had three radio remotes which came on three different Saturday’s for one hour. He stated that he has met with 70% of the people that have signed the notice. He stated that he wanted to address the concerns and be a good neighbor. He stated that he really is a finance company who loans money to people to buy tires and the customer pays him back. Public hearing was closed. Motion was made by Member Burns to adopt the resolution with all findings and conditions, approving Conditional Use Permit No. 06-0559 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales NOES: None PUBLIC HEARING - FILE NO. 06-0449 - TOM HANNA HAS REQUESTED A 4.B.1. MODIFICATION TO REDUCE THE REQUIRED BUILDING SETBACK ALONG THE EASTERN PROPERTY LINE FROM 50 FEET (REQUIRED) TO 18 FEET (REQUESTED) TO PERMIT THE CONSTRUCTION OF 90 FOOT TALL WIRELESS TELECOMMUNICATION ANTENNA (MONOPALM) ON PROPERTY CONTAINING AN EXISTING RETAIL CENTER ZONED C-2 (REGIONAL COMMERCIAL) LOCATED AT 2710 MING AVENUE. Staff report was given by Mr. Eggert. Public hearing was opened. Applicant, Tom Hanna was present. There was no one present wishing to speak either in favor or opposition. Public hearing was closed. Motion was made by Member LaRochelle to adopt the resolution with all findings and conditions, approving Modification No. 06-0449 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales NOES: None COMMUNICATIONS 5. None. BOARD COMMENTS 6. The next Board of Zoning Adjustment meeting is scheduled for June 13, 2006. Minutes, BZA, 5/9/06 Page 6 ADJOURNMENT 7. There being no further business, the meeting was adjourned at 4:28 p.m.. Isabel Williams Recording Secretary JAMES D. MOVIUS, Secretary Planning Director