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HomeMy WebLinkAbout01-13-09 BZA Minutes MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, January 13, 2009, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL 1. BOARD MEMBERS: Present: BRAD UNDERWOOD, Chairperson PHIL BURNS VINCE ZARAGOZA 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 meeting held December 9, 2008. Member Zaragoza moved to approve the consent calendar non-public hearing items. Motion carried by the following roll call vote: AYES: Members: Underwood, Burns, Zaragoza NAYS: None ABSENT: None B.Public Hearing Items: 1.File No. 08-1672 - Approval of a conditional use permit for the St. Francis Parish School to convert an abutting single-family residential property into a tutoring center and zoning modification to construct a 12-foot high fence adjacent to a basketball court where a maximum height of 6 feet is permitted in an R-1 (One-Family Dwelling) zone district located at 2516 Palm Street. 2.File No. 08-1696– Approval of a zoning modification to construct two 6-foot, 10-inch high masonry walls where a maximum height of 6 feet is permitted in an R-2 (Limited Multiple-Family Dwelling) zone district located at 5601 Coffee Road. Minutes, BZA, 1/13/09 Page 2 3.File No. 08-1754 – Approval of a zoning modification to reduce the required street side yard setback from 10 to 0 feet to allow for the development of a 2,720 square foot retail building in an M-1 (Light Manufacturing) zone district located at 110 King Street. The public hearing was opened. No member of the public requested the removal of any item from the consent calendar. Member Burns inquired about the staff memo regarding the recommendation to continue File Number 08-1672. Mr. Sherfy stated that if there is a motion to approve the remaining items on the consent calendar, then it is recommended that the public hearing be left open for the item to be continued. No Board Member requested the removal of any item from the consent calendar. The public hearing was closed, except for File Number 08-1672, which will be continued to the next meeting on February 10, 2009. Member Burns moved to approve the consent calendar public hearing items. Motion carried by the following roll call vote: AYES: Members: Underwood, Burns, Zaragoza NAYS: None ABSENT: None PUBLIC HEARING 4. File No. 08-1637 1. – A zoning modification to permit two lattice covered structures (each supported by four 7-foot, 8-inch tall concrete columns) to exceed the maximum allowable front yard setback encroachment of 3 feet in an R-1 (8,500) (One-Family Dwelling – minimum 8,500 square foot lot area) zone district located at 309 Sonoma Vine Court. The public hearing was opened and the staff report was given recommending denial of the request. John Powell, the property owner, stated that he does not agree that the improvements detract from the neighborhood. He stated that he obtained an encroachment permit from the City for the lion statues. Mr. Powell stated that all of the neighbors, except for one, signed his petition in favor of the proposal. He explained that trees will shield the view of the house in about five years and that the columns will eventually be under a canopy of trees. He stated that when lattice covered by plants and vines is added on top of the columns, they will lose some of their starkness. Mr. Powell stated that this is the home he plans to retire in and that he really hopes the Board will find in favor of his proposal. Stacy Nichols, a next door neighbor, stated that she and her husband are strongly opposed to the proposal because they are concerned with the safety of the children who live and play on the cul-de-sac. She stated that they are concerned that the two large lions positioned at the end of the driveway, the overgrown hedge, and the column enclosures will block the view of children in the street and on the sidewalk from vehicles backing out of the applicant’s driveway. Mrs. Nichols Minutes, BZA, 1/13/09 Page 3 commented that the structures are overbearing and look out of place for the size of the yard and for the neighborhood. She pointed out that the applicant currently has two large lions at the end of their driveway, a huge fountain that reaches to the roofline of the house, and that the walkway is lined with concrete railings and eight very large, tall columns which the applicant intends to enclose with a lattice cover and to grow Bougainvillea vines over it. Mrs. Nichols stated that they are also concerned about the negative impact the applicant’s property is having on their property value, in part because it is not as well maintained as the other houses in the neighborhood. She stated that Mr. Powell’s current yard is not well maintained and that he continues to add items to the front yard which require further upkeep. She stated that the fountain is overgrown with moss and algae, there are various hoses lying all over the yard, the yard is rarely absent piles of debris, the flowerbeds are filled with dead plants and weeds, the lawn area hasn’t been mowed in months and has been completely overtaken by weeds, and that all of this mess is visible from the street and from their property. Mrs. Nichols also pointed out that there is so much debris and sludge rolling off of the applicant’s property into the street that the gutters are blocked, causing it to back up in front of their property and around the cul-de-sac, which poses a sanitary issue and dramatically impacts the appearance of the neighborhood. Mrs. Nichols went on to state that they are concerned with the precedent that will be set if the proposal is approved. She stated that she recognizes that everyone has different landscaping tastes, but feels that these types of structures do not belong in the front yard where they can impact the appearance of the neighborhood and the value of neighboring homes, and that the City codes should be upheld in this case. She stated that they are thankful to live within the City limits where properties are regulated by City codes and where neighbors aren’t allowed to do whatever they please. Mrs. Nichols referred to the applicant’s statement that all of the neighbors except one signed his petition, and pointed out that she and her husband did not sign it and that they are aware of others on the street who did not sign it. The public hearing was closed. Member Burns inquired if the existing columns without the proposed lattice cover are in violation of the zoning code. Staff responded that in their current configuration they are not in violation since they are accessory structures, which are permitted to cover up to 12 percent of the area of a lot. Staff further pointed out that with the proposed addition of a roof element, the structures would be defined as a building under the zoning ordinance, and would therefore be subject to the setback restrictions of the zone. Member Burns stated that he read the letters from the neighbors and it is his feeling that the proposal is somewhat out of character with the neighborhood. Member Zaragoza inquired about the zoning code violation identified in the staff report. Staff responded that the violation was based upon what the applicant informed the building inspector he was in the process of constructing since it was a work in progress. Minutes, BZA, 1/13/09 Page 4 Staff pointed out that Mr. Gillburg just posed the question of whether or not the zoning ordinance limits the height of the lions to three feet since they are within 10 feet of a driveway. The maximum height of the lions is 38 inches, a couple of inches over three feet. Member Underwood inquired if this item should be continued in order to determine if the lion statues are also in violation of zoning ordinance standards. Staff stated that they would need about five minutes to continue reviewing the zoning ordinance before they will be prepared to answer this question. Member Underwood announced that the Board will take a five minute recess. Following the recess, staff stated that pursuant to Section 17.08.175.b. of the zoning ordinance, no obstruction to sight view is permitted within a triangular area measured 10 feet along the sidewalk and along the driveway from the point where the two meet. Staff stated that the lion statues are located within this triangular area, but that because a height limit is not specified in the ordinance, the determination of whether or not an obstruction to sight view exists is a judgment call. Staff pointed out that the applicant provided a copy of their encroachment permit, approved by City’s Public Works Department, for the lions at a height of 38 inches. Staff concluded that, therefore, as they exist the lions are not in violation of the zoning ordinance. Member Underwood stated that the Board received a letter signed by some of the neighbors which had signed the applicant’s petition stating that they had a change of heart regarding their support for the proposal. Member Underwood pointed out that the staff report identifies the three required findings for the granting of a modification and addresses these findings relative to the proposal. He read excerpts from the staff report regarding the required findings and stated that he concurs with staff’s conclusion that the required findings are not supportable in this case. Member Underwood moved to deny File Number 08-1637 in accordance with the staff recommendation. Motion carried by the following roll call vote: AYES: Members: Underwood, Burns, Zaragoza NAYS: None ABSENT: None 5.COMMUNICATIONS Staff advised that beginning in February, BZA meetings will be held at City Hall North located across the street at 1600 Truxtun Avenue. 6. BOARD COMMENTS: Member Zaragoza moved to nominate Phil Burns for BZA Chairperson for 2009, which was seconded by Member Underwood. Minutes, BZA, 1/13/09 Page 5 Motion carried by group vote. 7. ADJOURNMENT: There being no further business the meeting was adjourned at 3:50 p.m. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director