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HomeMy WebLinkAbout1546 - APPROVE VA AND MD_405 DAHLIA AVERESOLUTION NO. 1546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING A VARIANCE NO. 2001 -004 AND MODIFICATION NO. 2001 -098. (PA2001 -173). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was duly filed by the Applicant, Jeffrey Brown with respect to property located at 405 Dahlia Avenue (PA2001 -173) and legally described as a portion of Lot Nos. 3, 5 & 7 of Block 331 of the Corona del Mar Tract, requesting approval of a variance to permit a duplex to exceed the 1.5 floor area limit applicable within Corona del Mar (VA2001 -004). The application also includes a request to reduce the rear yard setback from 10 feet to 5' -0" (MD2001 -098). Section 2. A public hearing was duly held on November 8, 2001 and January 3, 2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid meetings. Section 3. The Planning Commission finds as follows: a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The location of the property without alley access and its larger width creates a larger rear yard and front yard setback area that has the effect of disproportionately reducing the buildable area of the property below that enjoyed by identically zoned properties in the area. The typical Corona del Mar comparable size to the project site has a percentage of gross floor area to lot area of 100.4 %. The same percentage for the subject lot without approval of the variance is 81.87 %. Due to these factors, the property is deprived of privileges enjoyed by other property in the vicinity and under the identical zoning classification. b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. The granting of the additional floor area is necessary for the applicant to enjoy a similar and substantial property right which is to develop a residential project that is proportionately consistent, based upon lot size, with other properties in the area and under identical zoning requirements. c) That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. The approval of the additional floor area is consistent with the intent of the code that is to preserve property values and create design compatibility of proposed projects with surroundings. The increased floor area is necessary for the applicant to create a residential project that is proportionately consistent in size, based upon lot size, with other properties in the area and subject to the same zoning requirements. The typical Corona del Mar lot of comparable size to the project site has a percentage of gross floor area to lot area of 100.4 %. The same percentage for the subject lot without approval of the variance is 81.87 %. The applicant proposes a 5,100 sq. ft. building which has a gross floor area to lot area percentage of 97.9 %. The approval of this increase in floor area is below the percentage of gross floor area to lot area enjoyed by other properties and therefore does not constitute the granting of a special privilege. The additional area approved for the enclosure of the carport creating a second two -car garage is necessary for the project to be compatible with and not detrimental to the abutting property located at 407 Dahlia Avenue. This is due to the close proximity of that portion of the building if designed as a carport and a belief that it would negatively impact the entry area of the residence located at 407 Dahlia Avenue. This additional area for the carport enclosure is non - habitable. Due to these factors, the granting of the additional area for the second garage does not constitute the granting of a special privilege. d) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The granting of the variance for additional floor area will not be detrimental to surrounding property or the city as it does not increase the density of development permitted by the General Plan. The project will provide the required off - street parking spaces in accordance with the Zoning Code. A portion of the floor area increase is necessary to avoid a potentially detrimental situation with an open carport located in close proximity to the entry of the abutting residence located at 407 Dahlia Avenue. The portion of the increased area is devoted to garage spaces and will not increase the occupancy of the structure, as it is non- habitable. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: • The rear yard encroachments, as depicted on the revised plans, is similar to a side yard relationship that is allowed to be setback 4 feet from the property line and 8 feet between buildings. The proposed encroachments that are not less than 5 feet from the abutting property and are limited in area. The proposed encroachment of parking spaces are required to be enclosed garage spaces as opposed to being open carports. The enclosure of the spaces eliminates a potential detrimental situation due to the close proximity of the spaces and the abutting property. The proposed encroachments do not effect the views from nearby properties and the project complies with applicable height limits. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves an amendment to Variance No. 2001 -004 and Modification No. 2001 -098, subject to the Conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3'" DAY OF JANUARY, 2002. AYES: Kiser, Tucker Gifford, Kranzley and Selich NOES: - McDaniel. Aaaianian ABSENT: None BY: �-2 Larry Tucker, Chairman Earl McDaniel, Secretary EXHIBIT "A" CONDITIONS OF APPROVAL Variance No. 2001 -004 & Modification No. 2001 -098 The development shall be in substantial conformance with the approved site plan and floor plans revised and dated February 18, 2002 or December 19, 2001 except as revised by other conditions of approval. The architectural style and quality shall be substantially as set forth in the plans dated August 21, 2001. ** 1 The Variance No. 2001 -004 and Modification No. 2001 -098 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project shall comply with applicable structure and building height regulations contained within Chapter 20.65 of the Municipal Code. 4. The applicant shall obtain all applicable permits from the Building Department. 5. Stair access within the side yards is required to bedroom windows if required by the Building Department. 6. The lower level shall comply with the Uniform Building Code definition of a basement otherwise the project shall provide 2 stairways for exiting purposes for each unit from the third and fourth floors to grade. 7. The building shall be equipped with an automatic fire sprinkler system as the building exceeds 5,000 square feet in area. 8. All improvements shall be constructed as required by Ordinance and the Public Works Department. 9. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. All work within the public right -of -way shall be approved under an encroachment agreement issued by the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 11. Each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 12. On -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 13. The owner shall provide the City Building Department with a recorded reciprocal access agreement between the subject property and the abutting property to the west if vehicular access to the garages is to be taken from the northerly driveway. This agreement shall be subject to the review and approval of the City of Newport Beach and shall be recorded prior to issuance of building permit to modify the garage access. ** 14. The footings for the proposed property line retaining walls shall be designed so that their footings remain on private property and will not encroach into the public right -of -way. 15. The existing unused portion of the drive approach on Dahlia Avenue shall be removed and replaced with curb, gutter and sidewalk. If vehicular access to the garages is modified in the future to take access from the northerly driveway, the property owner shall reduce the width of the drive approach to match the on -site driveway. All work shall be completed under an encroachment permit issued by the Public Works Department. ** 16. A drainage study shall be prepared by the applicant and approved by the Public Works Department for the on -site improvements prior to issuance of any building or grading permits. 17. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 18. The project shall be consistent with the design originally submitted in terms of material and style as depicted on the elevation drawings dated August 21, 2001. 19. The carport depicted on the approved plans shall be enclosed creating a garage, The width of the garage, in conjunction with of the approved site plan and floor plans shall be no larger than necessary while providing a 15 -foot front yard setback and a 5 -foot rear yard setback. The depth of the garage shall not exceed the depth depicted on the approved floor plan identified in Condition No. 1. 20. The second level deck located above the carport depicted on the site and floor plans dated December 19, 2001 shall be reduced in size or eliminated. A reduced deck shall not extend northwest of the adjacent bathroom depicted on the approved plan. 21. The gross floor area of the project shall not exceed 5,100 square feet plus an additional amount of floor area necessary to enclose the 2 -car carport as described in Condition No. 19. The garage depicted on the site and floor plans dated December 19, 2001 shall be included in the 5,100 square feet figure cited in this resolution. ** Conditions modified by the City Council on May 14, 2002. \PA2001- 173\Final Resolution.doc