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HomeMy WebLinkAbout1559 - APPROVE VA_1201 KINGS ROADRESOLUTION NO. 1559 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH VARIANCE NO. 2002 -002 FOR A PROPERTY LOCATED 1201 KINGS ROAD (PA2002 -007). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by Jim Navai with respect to property located at 1201 Kings Road (PA2002 -007) and legally described as Parcel 2, PM 51 -71. The applicant seeks approval of a Variance to construct an addition to a single family residence that exceeds the 24 -foot height limit established by Chapter 20.65 of the Newport Beach Municipal Code Section 2. A public hearing was held on May 9, 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 meetings was given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the meeting. Section 3. The Planning Commission finds as follows: 1. The proposed development is consistent with the General Plan since a single - family dwelling is a permitted use within the Single - Family Residential designation. 2. The project has been reviewed and it has been determined that it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Minor Alteration to Existing Structures less than 2,500 square feet). 3. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of, property within the proposed development since no other public easements exist on the site. 4. The special circumstances applicable to the property are that the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification because: a) The unique topography of the site of the lot restricts the ability to comply with the height requirements. b) The front portion of the site is additionally constrained by the slope as it drops off from the street which makes it difficult to design a second story addition on the front of this lot and remain within the permitted height limit. c) The addition is generally in conformance with the surrounding neighborhood when viewed from Kings Road. d) The site has additional buildable area below the existing structure that could accommodate the proposed addition within the height limits. However, the topography of the site makes it difficult to use this buildable area to construct the proposed addition without adverse impacts from Coast Highway noise. Additionally the buildable area does not offer equivalent view opportunities afforded to other similarly located sites on Kings Road that do not have the same topographical constraints and can build two stories at the top of the lot. 5. The approval of Variance No. 2002 -002 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reasons: a) The applicant is unable to design an addition comparable to other homes in the neighborhood without exceeding the height limit. b) The applicant has designed an addition to the house that tries to work within the constraints of the lot to the maximum degree possible. C) The proposed project is generally comparable to the size and bulk of other buildings in the surrounding neighborhood and strict application of height requirements could result in an addition that is substantially higher than currently proposed or too small to be feasible or desirable for the owner. 6. 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 for the following reasons: a) The code provides the flexibility in application of land use and development regulations by way of permitting variance applications. b) The variance procedure is intended to resolve practical difficulties and unnecessary hardships resulting from the unique topography that exists in the area and on this lot. c) Without the sloped condition, the applicant could construct an addition within the required height limit. 7. The granting of the application will not be materially detrimental to the surrounding neighborhood for the following reasons: a) The applicant has designed an addition that is generally in conformance with the surrounding neighborhood when viewed from the street. b) When viewed from Kings Road, the house is no taller than one that could be constructed in conformance with the height limit. C) Were the project to use the full height available utilizing the City's roof averaging provisions, the Kings Road elevation could be higher than the proposed development, provided the depth of the addition were reduced and a more pitched roof was incorporated. d) Although some view area will be impaired with the proposed addition, it will not significantly harm the neighborhood. e) Other two and three -story elevation residences exist in the area along Kings Road and as viewed from West Coast Highway. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -002 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 called 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 21s` DAY OF MARCH, 2002. AYES: McDaniel, Kiser, Agajanian, Tucker Gifford, Kranzlev and Selich NOES: None BY: D !:72fr77�� L41ry Tucker, Chairman B � Earl McDaniel, Secretary Exhibit "A" Conditions of approval for Variance No. 2002 -002 1201 Kings Road Conditions: Approval of this variance is specific to the development shown on the approved site plan, floor plan and elevations ( "Plans ") dated January 6, 2002. The development shall be constructed in substantial conformance to the Plans and no further addition shall be permitted on the property unless an amendment to this Variance is approved by the Planning Commission. Any further additions to the structure may be permitted only if the addition permitted by this variance is removed and the structure restored to its condition at the time of the approval of this variance or demolished. At such time that the structure is restored to its present condition or is demolished, the applicant or future owner may then do any remodel or new construction in conformance to the zoning and building codes in effect at that time. The applicant shall submit to the Planning Department a clear set of plans of the structure as it presently exists including floor plan and elevations so that any future removal of the addition approved by this variance, if it ever takes place, can be clearly identified. A restrictive covenant, subject to review and approval by the City Attorney, shall be recorded against the property to implement this condition. 2. Two independently accessible parking spaces shall be provided on site for the parking of vehicles only, and shall be available to serve the residential unit at all times. 3. All public improvements shall be constructed if required in accordance with applicable Ordinances and the Public Works Department requirements. 4. An encroachment permit shall be processed through the Public Works Department for all work within the public right -of -way and an encroachment agreement shall be executed for all non - standard and decorative improvements to be constructed within the Kings Road right -of -way and any easements. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 6. 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. 7. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 8. All mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 9. This variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 10. Variance No. 1237 approved on December 7, 2001 is null and void. 11. The project shall comply with applicable exiting requirements of the Newport Beach Municipal Code. If a second exit is provided from the third level, the exit shall be within the exterior walls of the proposed addition.