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HomeMy WebLinkAbout03-13-2007 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, March 13, 2007, 3:00 p.m., City Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1.ROLL CALL BOARD MEMBERS: Present: VINCE ZARAGOZA, Chairperson CHRIS LEE Absent: RAUL ROJAS STAFF MEMBERS: PAUL HELLMAN, Principal Planner RYAN PHARR, Associate Planner MICHAEL RICHARDS, Associate Attorney DELORES OLDHAM, Recording Secretary RAMICA AYALA, Clerk Typist The Chairperson read the Notice of Right to appeal as set forth on the agenda. 2.PUBLIC STATEMENTS No speaker cards were presented. 3.CONSENT CALENDAR A.Non-Public Hearing Items: 1. Approval of the minutes of the regular meetings held on January 9, 2007 and February 13, 2007. Motion made by Member Lee to approve the January 9, 2007 and February 13, 2007 minutes. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Lee NAYS: None B.Public Hearing Items: 1.File No. 07-0310 - Approval of a conditional use permit to allow the development of four detached 750 square foot dwelling units in an M-1 Minutes, BZA, 03/13/07 Page 2 (Light Manufacturing) zone district at 528 Jackson Street and 916 Kern Street. 2.File No. 07-0101 - Approval of a zoning modification to reduce the required side yard setback from 5 feet to 2 feet to allow the retention of a 630 square foot recreational vehicle storage building accessory to a single- family residence in an R-1 (One-Family Dwelling) zone district at 600 Marylhurst Street. 3.File No. 07-0328 - Approval of a zoning modification to reduce the required side yard setback from 5 feet to 3 feet to allow a 660 square foot addition to a single-family residence in an R-3 (Multiple-Family th Dwelling) zone district at 2322 18 Street. 4.File No. 07-0333 -Approval of a zoning modification to waive the requirement to construct a masonry block wall along the western property line adjacent to residentially zoned property in a C-1 (Neighborhood Commercial) zone district at 5601 and 5603 Auburn Street. The public hearing was opened. No one from the public nor from the Board requested removal of a consent item. The public hearing was closed. Member Lee moved to approve the Consent Calendar. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Lee NAYS: None 4.PUBLIC HEARINGS 1. File No. 07-0218 - Conditional use permit to allow a passenger terminal for an airport shuttle bus service in a C-2 (Regional Commercial) zone district at 1717 Golden State Highway, Suite B. The public hearing was opened and the Staff report was given recommending approval of the proposal with conditions. Van Merrill of Sparklean Laundry Systems stated that they are a developer of upscale laundries and that they recently opened a new laundry facility next door to the proposed terminal. Mr. Merrill indicated that they have concerns regarding parking, loitering, and litter with respect to the proposed facility. Mr. Merrill stated that they have been talking with the bus terminal operator and the landlord and have mutually agreed that designated parking will be established for Sparklean customers in close proximity to their suite. Mr. Merrill also stated that they have agreed upon an alternate Minutes, BZA, 03/13/07 Page 3 passenger loading and unloading area. He stated that he would like the City to endorse their agreement through conditions of approval. Dave Dwight, General Manager of Airport Bus of Bakersfield, stated that prior to the commencement of their operations the Fire Department had concerns about the location of their passenger loading and unloading area, and decided that it would be better if they did not load and unload passengers along the curb in front of their building. Mr. Dwight indicated that moving the loading and unloading area to a portion of the parking lot immediately west of the electrical cabinet situated to the west of their entrance would be acceptable to them and would make them a better neighbor. He also indicated that they have agreed to the parking arrangement discussed by Mr. Merrill. Mr. Dwight stated that they do not park their buses at the terminal when not in use since they have another facility north of Golden State Highway for parking and servicing their buses. He stated that the buses are only on-site when loading and unloading, and indicated that their service at this location consists of only seven round trips per day. Member Zaragoza inquired if Mr. Dwight had a list of conditions that they wished to be incorporated as additional conditions of approval. Mr. Dwight indicated that he did not have a list, but that he could provide one to Staff at a later date. Staff inquired if the Board would like to continue this item to the next Board meeting so that the parties could provide a list of mutually agreeable conditions of approval and so that Staff could research the Board’s ability to adopt the requested condition regarding reserved parking within the center. Mr Merrill stated that parking is a major concern of theirs and that, therefore, they would like their parking agreement memorialized through the conditional use permit. Member Zaragoza stated that the issue of reserved parking concerns him and does not know if the City has the ability to enforce such a condition. Staff indicated that they have sufficient information to work with to formulate additional conditions of approval, including an exhibit submitted by the applicant identifying the revised bus loading and unloading area, if the Board concurs. No others spoke for or against the proposal. Member Zaragoza summarized the issues raised by Mr. Merritt and Mr. Dwight. Staff indicated that litter and loitering are issues that Staff normally would not address as they are not planning issues that can readily be enforced by Planning or Code Enforcement personnel through conditions of approval. Staff, therefore, recommended that conditions of Minutes, BZA, 03/13/07 Page 4 approval addressing these issues not be incorporated into the Board’s approval. Staff indicated that although they recommend that the Board not address loitering, a condition of approval regarding the storage of baggage on the sidewalk could be included to ensure that the sidewalk in front of the building is not obstructed. Cindy Massy, Area Manager of Airport Bus of Bakersfield, indicated that the only time there is baggage on the sidewalk is when it is with a customer after they have been dropped off or when they are waiting to be picked up. Staff stated that it would be fine to condition the project to prohibit the storage of baggage on the sidewalk and that such a condition could read, “There shall be no baggage storage area outside of the building.” The public hearing was closed. Member Lee moved to approve with the addition of the following conditions: 1) Bus loading and unloading shall take place west of the bus terminal area as shown on the revised loading/unloading area exhibit submitted by the applicant; and, 2) No baggage shall be stored outside of the terminal facility. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Lee. NAYS: None 2. File No. 07-0308 - Conditional use permit to increase the number of residents in a licensed group home from 6 to 16 with 3 staff members in a 5 bedroom, 1,541 sq. ft. house in an R-1 (One-Family Dwelling) zone district at 508 Leland Avenue. The public hearing was opened and the Staff report was given recommending approval of the proposal but limiting the number of residents to 12 clients. Staff indicated that the applicant requested a th continuance to April 10 because their representative was unable to attend today’s meeting. Staff recommended that since this was a noticed hearing the public hearing should be opened prior to the Board’s consideration of the continuance request. Christine Galardo, a neighbor, stated that she is in opposition, but that she would prefer to speak at the next meeting if the item is continued. No one spoke in favor of Staff’s recommendation. The public hearing was not closed. No Board discussion occurred. Minutes, BZA, 03/13/07 Page 5 Member Lee moved to continue this item to April 10, 2007. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Lee NAYS: None 5.COMMUNICATIONS: None. 6.BOARD COMMENTS: None. 7.ADJOURNMENT: There being no further business the meeting was concluded at 3:48 p.m. The next Board of Zoning Adjustment meeting is scheduled for April 10, 2007. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director