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HomeMy WebLinkAboutAugust 8, 2006 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, August 8, 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 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. 3.CONSENT CALENDAR A.Non-Public Hearing Items: 1.Minutes of the regular meeting held June 13 and July 11, 2006. B.Public Hearing Items: File No. 06-0868. 1. Conditional Use Permit to allow the expansion of an existing day care center at a church facility in an R-1-CH (One-Family Dwelling/Church) zone district located at 8420 Stine Road. 2.File No. 06-1096. Conditional Use Permit to allow an additional 750 sq. ft. dwelling unit on a 5,250 sq. ft. site located in an M-1 (Light Manufacturing) zone located at 519 Kentucky Street. 3.File No. 06-1235. Conditional Use Permit to allow a 4,197 sq. ft. community park building for the City in the Hills Tract 6406 in an R-1 (One Family Dwelling) zone district located at 10002 Paradiso Way. 4.File No. 06-1261. Conditional Use Permit to allow an automotive machine shop at an existing automotive parts retail center in a C-2 (Regional Commercial) zone district located at 25 Union Avenue. Minutes, BZA, 07/11/06 Page 2 Staff indicated that they would like to remove item B1. Motion made by Member Burns to approve the Consent Calendar, with the removal of item B1. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales. File No. 06-0868. Conditional Use Permit to allow the expansion of an existing day care center at a church facility in an R-1-CH (One-Family Dwelling/Church) zone district located at 8420 Stine Road. Staff noted they removed this item from the consent calendar because of a correction to the staff report and conditions concerning the number of children at the facility. Mr. Eggert recommended the Board approve the revised resolution. The public hearing was opened. Staff report was given. No one spoke in opposition or in favor of the application. The public hearing was closed. Member LaRochelle inquired if this portion of Stine Road is fully improved. Staff responded that this site went through a recent site plan review approval and they were required to do a full dedication, however Staff does not know if all of the improvements were done at that time, or if there was some deferral because it was a phased project. Staff confirmed that the subject parcel has curb and gutter. Member LaRochelle moved to adopt the revised Resolution with all findings and conditions approving Conditional Use Permit 06-0868 as depicted in the project description as modified by memoranda from Jim Eggert, Principal Planner, dated August 7, 2006. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales. PUBLIC HEARINGS 4. A.File No. 06-0821. Zoning Modification to allow 15 and 20 ft. front yard setbacks where a minimum of 25-feet is required on a total of 70 of 426 lots in Tentative Tract No. 6404 in the R-1 (One-Family Dwelling) zone district located at the SE corner of Panorama Drive & Vineland Road – Tract 6406. (Continued from June 13 and July 11, 2006) Member LaRochelle stated that he has listened to the prior meeting’s tape concerning this issue and can participate in this matter. Staff provided updated information concerning the elevation differences between the lots. Mr. Eggert showed the Board cross-sections within the tract with elevation differences from approximately 3 1/2 feet to nearly 8 feet. Member Minutes, BZA, 07/11/06 Page 3 LaRochelle inquired why the cross section for the 8-foot difference indicates a distance from the hinge point to the landscaped wall of 1’, while the other ones have a distance of 2’ which is standard. Staff responded that they did not have an answer to this, but the applicant may be able to respond. Susan McCavalier, D.R. Horton, representing the applicant, stated that she is not clear why it is at 1’. She indicated that she could correct this. Member LaRochelle suggested that the critical point is from the catch point to the hinge point, not the catch point to the back of the wall. Member Burns stated that to be consistent with the previous application on Tract 6000, there would have to be a significant elevation difference. In that tract, the differences ranged from 1 to over 20 feet. He stated that this application is substantially less and he could not make the appropriate findings to support. Member LaRochelle suggested that the setbacks should have been dealt with at the tract level. He further commented that he agrees with Mr. Burns and that he cannot support this application. Teddy Boulden with D.R. Horton Homes commented that as they started grading this site, they ended up with certain fill conditions that caused them to want to provide more living space in the backyard and still maintain some of the main criteria the ordinance requires. Mr. Boulden stated that they understand the 25’ setback, and they are not trying to ask for decreased setbacks across the board, but rather on 70 lots. He stated that they were hoping that the 5’ allowance would not require a retaining wall. Member LaRochelle stated they are only requesting modification of City ordinance to cut costs. He stated this type of justification is not appropriate. Member Burns inquired of all the 70 lots how many were going to be at 15’ and how many were going to be at 20’. Mr. Boulden stated they don’t have an actual percentage ratio. Mr. Eggert directed the Board to the applicant's identification sheet in the report packet. Member Gonzales stated that he agrees with the other members, and further stated that as to the ordinance it should have been dealt with at the tract map development. Member LaRochelle moved to adopt a Resolution with findings based on evidence presented in the record and at the hearing denying modification 06-0821 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales. Minutes, BZA, 07/11/06 Page 4 B.File No. 06-1249. Zoning Modification to reduce the required front yard setback along Amati Drive from 25 feet to 20 feet for a single-family residence in an R-1 (One-Family Dwelling) zone district located at 7009 Amati Drive. The public hearing was opened. Staff report was given recommending denial of the application. Brad Shamblis with Gaskill Homes clarified that on that particular lot they are asking for the variation for one home only. He pointed out that each of the homes in a row will be varied in elevation and in color schemes, and the majority of this house will be set further back, as well as have a side load garage. He further pointed out that there will only be four houses on that side of the street. No one spoke in favor of Staff’s recommendation. The public hearing was closed. Member Burns stated that the applicant approached him about the initial construction, and the applicant was of the understanding that they were at their own risk in starting this project. Since the applicant chose to begin construction at their own risk, and is now asking the city to approve their field error, he indicated that he cannot support the application. Member Gonzales inquired if the basements are a problem with setbacks in this area, to which Staff responded in the negative. Member Gonzales inquired about the curved and straight lines, to which Staff gave an explanation of how setbacks are identified on cul-de-sac lots. Member LaRochelle agreed with Member Burns and added that there is a reason there is professional liability insurance when an engineer makes an error. Member Burns moved to adopt the attached Resolution with all findings denying zoning modification 06-1249 depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, LaRochelle, Gonzales. COMMUNICATIONS; 5. None. BOARD COMMENTS: 6. None. Minutes, BZA, 07/11/06 Page 5 ADJOURNMENT: 7. There being no further business the meeting was concluded at 3:43 p.m. The next Board of Zoning Adjustment meeting is scheduled for September 12, 2006. Isabel Williams Recording Secretary JAMES D. MOVIUS, Secretary Planning Director