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HomeMy WebLinkAbout04-10-2007 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, April 10, 2007, 3:00 p.m., City Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1.ROLL CALL BOARD MEMBERS: Present: VINCE ZARAGOZA, Chairperson PHIL BURNS JACK LA ROCHELLE STAFF MEMBERS: PAUL HELLMAN, Principal Planner RYAN PHARR, Associate Planner MICHAEL RICHARDS, Associate Attorney GEORGE GILLBURG, Engineer II DELORES OLDHAM, Recording Secretary 2.PUBLIC STATEMENTS No speaker cards were presented. 3.CONSENT CALENDAR A.Non-Public Hearing Items: 1.Approval of the minutes of the regular meeting held on March 13, 2007. Motion made by Member La Rochelle to approve the March 13, 2007 minutes. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, La Rochelle NAYS: None B.Public Hearing Items: File No. 07-0482 – 1.Approval of a Conditional Use Permit to allow a 6,947 square foot automotive repair building (America’s Tire Company) for the sales and installation of tires and light automotive repair in a C-1 (Neighborhood Commercial) zone district at 4940 Gosford Road. File No. 07-0518 – 2.Approval of a Conditional Use Permit to allow the development of a 121,750 square foot phased church campus with an associated restaurant on 26.97 acres in an R-1 (One-Family Dwelling) zone district at 12225 Stockdale Highway. Minutes, BZA, 04/10/07 Page 2 File No. 07-0531 - 3.Approval of a zoning modification to reduce the required front yard setback along K Street from 10 feet to 0 feet, and to reduce the required off-street parking from 64 to 56 spaces to allow for the development of a 21,000 square foot hardware store with a 2,000 square foot outdoor nursery in an M-2 (General Manufacturing) zone district at 3650 Chester Avenue. Public hearing is opened. No one from the audience or from the Board requested removal of any consent agenda item. The public hearing is closed. Member La Rochelle moved to approve the Consent Calendar. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, La Rochelle NAYS: None 4.PUBLIC HEARINGS File No. 07-0308: 1. 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 square foot 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 with a maximum of 12 residents and 3 staff members and with conditions. Member Zaragoza inquired about the CUP at 2500 Olmo Court approved in January, and asked whether or not it is a similar program with respect to the residents’ length of stay. Staff stated that the applicant also operates that facility and that it was approved with the same condition that is recommended for this proposal limiting the facility to three total vehicles for staff and residents. Staff pointed out that although the operator’s standard policies allow residents to have cars after one year, the aforementioned condition of approval would essentially prohibit residents from having cars since the facility would have three staff members on-site at all times. Member Zaragoza asked if the proposed facility would accommodate residents for an indefinite period of time. Staff responded that it was their understanding that residents of the proposed facility would not be limited to a specified maximum length of time in the program. Christine Gallardo stated she opposes the request to increase the number of residents in the group home at 508 Leland Avenue. She stated that she has lived in the neighborhood all her life, and that the neighborhood has a mixture of retired people and families with young children. She stated Minutes, BZA, 04/10/07 Page 3 that she is concerned about the overcrowding of a house in the neighborhood for profit. Staff commented that a copy of a letter from a neighbor in support of the proposal was provided to the members. Fred Herkimer, the applicant’s representative, stated he concurs with staff’s recommendation to allow a maximum of 12 residents. Member Zaragoza asked Mr. Herkimer if the program at the applicant’s Olmo Court facility is the same as the program that is proposed for this facility. Mr. Herkimer replied that the rules and regulations and type of clients would be basically the same. Mr. Herkimer commented that although there is no maximum length of time that a resident can remain in the program, clients rarely remain in the program for more than one year. The public hearing was closed. There was no member discussion. Member Burns moved to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 07-0308 to increase the number of residents in the licensed group home to 12 as modified by conditions of approval contained in Exhibit “A”. Member La Rochelle asked if the maximum number of residents would be dependent upon the legalization of the garage conversion. Member Burns responded that Condition 2 addresses this issue by limiting the facility to a maximum of 10 residents without a legal conversion and a maximum of 12 residents with a legal conversion. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, La Rochelle NAYS: None File No. 07-0521: 2. Conditional Use Permit to allow a rooming house with 16 residents on a 12,525 square foot lot with two detached dwelling rd units in an R-3 (Multiple Family Dwelling) zone district at 1030 33 Street and 3300 Jewett Avenue. The project also includes a Modification to allow a reduction in required off-street parking from 11 to 0 spaces. The public hearing was opened. Member Burns recused himself from this item because he recently served as the Code Enforcement Hearing Officer for this property. Minutes, BZA, 04/10/07 Page 4 Gary Thompson, the applicant, stated that he manages the two rooming houses. He explained how the current housing arrangement has worked much better than traditional rentals. He stated that all of the current residents work, with the exception of one who is a student. He stated that he has a policy of not allowing tenants to have visitors which maximizes safety, and that the neighbors are pleased with the arrangement. He stated that there are currently five people sharing the 3300 Jewett Avenue house rd and six or seven people sharing the 1030 33 Street house. He stated that the residents work different hours and, as a result, there are normally no more than six cars parked in front of the property. He stated that if the residents weren’t allowed to continue living at this property that they would be in hardship because they cannot afford traditional rentals. He stated that the residents are neither criminals nor recovering drug addicts or alcoholics. He provided copies of letters from the residents of the property to the Secretary. Yvonne Villa, a current resident of the property, stated that if the proposal is not approved that the residents will be thrown to the elements. Member Zaragoza pointed out that the Board members received a letter from David G. Muney, the owner of two properties at 3301 and 3316 Jewett Avenue, in opposition to the proposal. The public hearing was not closed and the item was continued to the next BZA meeting on May 8, 2007. 5.COMMUNICATIONS; None. 6.BOARD COMMENTS: None. 7.ADJOURNMENT: There being no further business the meeting was concluded at 3:37 p.m. The next Board of Zoning Adjustment meeting is scheduled for May 8, 2007. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director