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Home My WebLink About07-08-2008 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, July 8, 2008, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1.ROLL CALL BOARD MEMBERS: Present: PHIL BURNS, Acting Chairperson VINCE ZARAGOZA Absent: RAUL ROJAS STAFF MEMBERS: Present: PAUL HELLMAN, Principal Planner ROBERT SHERFY, 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 meetings held May 13, 2008 and June 10, 2008. Member Zaragoza moved to approve the minutes of May 13, 2008 and June 10, 2008. Motion carried by the following roll call vote: AYES: Members: Burns, Zaragoza NAYS: None ABSENT: Members: Rojas B.Public Hearing Items: 1.File No. 08-0550 - Approval to continue to August 12, 2008 a conditional use permit to operate a 1,104 square foot automotive repair shop in a C-1 (Neighborhood Commercial) zone district located at 790 E. Brundage Lane. Minutes, BZA, 07/08/08 Page 2 2.File No. 08-0665 – Approval of a conditional use permit to operate a 5,000 th square foot bar in a C-C (Commercial Center) zone district located at 811 19 Street. Zoning modification to reduce the number of required off-street parking spaces from 20 to 15. 3.File No. 08-0798 - Approval of a conditional use permit to construct and operate a water pump station for domestic and fire use, including six pumps, four 10-foot tall above ground surge tanks, on a 12,032 square foot site in an R-1 (One-Family Dwelling) zone district located at 4901 Ventana Canyon Drive. 4.File No. 08-0758 - Approval of a zoning modification to allow a 6-foot high masonry wall within the front yard setback where a maximum height of 4 feet is permitted in an R-1 (One-Family Dwelling) zone district located at 2720 Occidental Street. 5.File No. 08-0865 - Approval of aconditional use permit to operate a 1,208 square foot private personal fitness training studio in an existing medical/office building located in a C-O (Professional and Administrative Office) zone district located at 1500 Haggin Oaks Boulevard. 6.File No. 08-0907 - Approval of a zoning modification to reduce the required 20-foot street side yard setback to zero feet to allow for a 1,032 square foot th garage on the property line in an R-1 zone district located at 2702 20 Street. The public hearing was opened. A member of the public requested the removal of item 4, File No. 08-0758, from the consent calendar. No one from the Board requested removal of any items from the consent calendar. The public hearing was closed, with the exception of item 4, File No. 08-0758. Member Zaragoza moved to approve the consent agenda items, with the exception of item 4, and incorporating the July 8, 2008 memo from Paul Hellman, Principal Planner, regarding item 3, File No. 08-0798. Motion carried by the following roll call vote: AYES: Members: Burns, Zaragoza NAYS: None ABSENT: Members: Rojas 4. PUBLIC HEARINGS File No. 08-0758 - Zoning modification to allow a 6-foot high masonry wall within the front yard setback where a maximum height of 4 feet is permitted in an R-1 (One-Family Dwelling) zone district located at 2720 Occidental Street. Minutes, BZA, 07/08/08 Page 3 The public hearing was opened and the staff report was given. Amalia Bracamonte, who lives in the vicinity of the proposal, spoke in opposition to the staff recommendation. She stated that she feels the wall is totally inappropriate for a one-family dwelling and that it stands out very much, and does not think it should be approved. She stated that there might be other ways to address the needs of the family. She stated that she feels that the wall will diminish the value of the properties in the neighborhood. She stated that there are other ways to address security issues, such as a wrought iron fence. She stated that the wall was built without the approval of a zoning modification and that if it is approved, then anyone can do the same. She stated that she has lived in the neighborhood for 23 years and has never seen such a wall and does not want to see it remain. Sal Chavez, applicant and property owner, stated that his 8 year old autistic child is unable to speak and communicates through sounds. He stated that he constructed the wall to minimize noise disturbances to his neighbors and also for security reasons since his son needs room to run around outside within a confined area. He presented photos of the wall and front yard showing how it looks at present. The public hearing was closed. Member Zaragoza inquired when the masonry wall was constructed. Staff responded that it came to their attention through a code enforcement action, but that they do not know when it was constructed. Member Zaragoza inquired about existing precedent for such a wall. Staff stated that the Board approved a 6-foot open wrought iron fence within the front yard setback in an R-1 zone district last year. Staff further stated that the applicant apparently misunderstood the setback requirement, resulting in the wall being constructed 25 feet from the curb rather than 25 feet from the property line. Staff stated that they do not feel there was malicious intent to construct the wall without a permit, but rather a misunderstanding on the part of the applicant regarding the setback requirement. Member Burns inquired if there are any additional pictures indicating how the wall impacts the neighborhood. Staff displayed an aerial photo, which according to staff shows that there is a range of front yard configurations within the neighborhood, with some yards being wider than others and with some having more landscaping than others. Staff is recommending the requirement for trees and shrubs, which are normally not required on single-family lots, to help break up the mass of the wall. Member Burns inquired about the size of the subject property’s backyard. Mr. Chavez responded that his house is one of the prefab homes constructed on the block at a later time than the original homes constructed in 1958 and that these newer homes are set back further, resulting in backyards that are 15 to 20 feet narrower. Member Zaragoza inquired about the requirements of the recommended landscaping condition of approval. Staff responded that the submittal of a landscaping plan containing two evergreen trees and shrubs capable of achieving a height of at least two feet along at least 30 percent of the wall would be required. Member Zaragoza stated that Minutes, BZA, 07/08/08 Page 4 he would like to modify the condition to include additional landscaping enhancements, but that he is unsure as to what the specifics should be. Staff recommended modifying the condition to require the landscape plan to be approved by the Planning Director. Member Burns stated that he concurs with Member Zaragoza’s comments about providing more landscaping as it would be beneficial to the neighbors. He stated that he understands Ms. Bracacomonte’s concerns, but stated that the wall could have been constructed further back with the same look without the ability to require landscaping. Member Zaragoza moved to adopt the attached resolution with all findings and conditions approving Modification No. 08-0758, including the addition to condition of approval #2 the requirement for a landscape plan to be approved by the Planning Director. Motion carried by the following roll call vote: AYES: Members: Burns, Zaragoza NAYS: None ABSENT: Members: Rojas 5.COMMUNICATIONS None. 6. BOARD COMMENTS None. 7. ADJOURNMENT There being no further business the meeting was concluded at 3:31 p.m. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director