CITY COUNCIL WRAP-UP

The following is from the Nov. 18 Laguna Beach City Council meeting.

The council approved:

 A $19,500 contract to Golden State Constructors Inc. to build a sidewalk at 111 Brooks St.

 A parking restriction in front of 1832 Ocean Way, as recommended by the Parking, Traffic and Transportation Committee.

 A $24,930 bid from Philips Medical Systems for 15 automated external defibrillators.

 Formation of Three Arch Bay Assessment District 2008-1 for the construction of drainage improvements. Mayor Pro Tem Cheryl Kinsman, a Three Arch resident, did not vote.

 Authorization for the city manager to enter a two-year service agreement with Expo Propane, contingent on the city getting about $80,000 in federal tax rebates for calendar years 2007 and 2008, and providing for 50% of future tax rebates to be paid to the company.

 Reappointment of Councilwoman Toni Iseman to represent the city with the Orange County Vector Control District for another two-year term.

APPEALS

Ocean Way Encroachment, 5-0

The council overturned the Board of Adjustment denial of a request for a variance to allow a previously approved single-family residence to encroach into a side-yard setback.

WHAT IT MEANS

The property owner at 2149 Ocean Way will not be forced to cut off 12 inches of the residence that was built into the side yard set back due to a surveying discrepancy that was not discovered until after construction.

Legal findings to justify the variance were required and will be included in a resolution memorializing the council action.

Variance for habitable space, 3-2

The property owner at 147/169 Agate St. appealed an administrative determination that the conversion of basement/storage space area to habitable space required variances from the city’s parking and height standards. Conflicting documentation included minutes that the property had the requisite spaces and plans that didn’t show them. Mayor Jane Egly and Iseman opposed the proposal and moved to deny, but couldn’t get a third vote. However, the council majority couldn’t come up with an alternate motion.

The city manager crafted a motion for approval which benefits the city.

WHAT IT MEANS

The applicant can use the basement, but the approval came with a price tag: relinquishing sufficient right-of-way on Agate Street to construct three public parking spaces, if feasible, otherwise two spaces, and to pay for the construction.

Hedging an issue, 3-2

A property owner challenged the conditions the Design Review Board imposed at a hearing on a hedge height complaint filed against her that included conditions outside the scope of the appeal. The conditions were based on advice of the city’s landscape architect, whose determinations also were disputed by the property owner. The appeal was granted, with Councilwomen Elizabeth Pearson and Kinsman opposed.

WHAT IT MEANS

The council eliminated the requirement to modify the landscaping.

Rim Rock fence approved, 4-1

A property owner appealed a Design Review Board denial of a request to keep a fence that exceeds 4 feet in height within the front setback and encroaches into the 25-foot watercourse setback and extends into a portion of the site for which development rights were previously ceded. A variance was required. The council overturned the denial, with conditions, and made the legally required findings for the variance. Egly opposed the reversal.

WHAT IT MEANS

The fence stays unless adjacent property owners are granted legal access rights, in which case the fence must be moved.

— Compiled by Barbara Diamond