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HomeMy WebLinkAbout11 - Appeal of PC Decision - Hormann - CorrespondenceLAW OFFICES OF GARY S. MOBLEY GARY S. MOBLEY APROFESSb CORPoH TM 17011 BEACH BLVD., SUITE 900 ERICA L. MOBLEY HUNTINGTON BEACH, CALIFORNIA 92647 February 24, 2014 VIA EMAILlPERSONAL DELIVERY Kimberly Brandt, Director Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 kbrandt@nmTortbeachca.gov Re: GREG AND SHARON HORMANN Appeal of Variance Application No. PA2013-086 Dear Ms. Brandt: "RECEIVED AFTER AGENDA PRINTED:"4f / I _777-17— TELEPHONE (714) 968-8181 TELECOMER (714) 375-6672 1 c 73 Thank you for taking the time to meet with me and the city attorney on February 13, 2014 to further discuss the appeal by my clients, Greg and Sharon Hormann ("Hormanns"), of the denial of their application for a variance to remodel and add an addition to their residence located at 417 and 419 East Balboa Blvd., Newport Beach, CA ("Subject Property"). I appreciated the chance to help clarify the basis of my clients' appeal and provide additional information supporting the Hormanns' appeal. I am enclosing some documents I promised to provide you in our meeting. I am also enclosing proposed findings for the city council in the event my clients' appeal is grarted. By copy of this letter, I am requesting that the city clerk provide a copy of this letter to each of the city council members and include this letter as part of the administrative record. As you know, my clients seek a variance from various provisions of the City Code in order to allow; the Honnanns to remodel and add an addition to their existing 1,785 square -foot duplex in order to expand the residence to the rear of the property, thereby utilizing the remaining developable portion of the parcel. The existing building is a legal non -conforming structure having been built in 1940, before any set back requirements were adopted by the City. The property was originally zoned C-1 commercial, but the 400 block of Balboa Boulevard was rezoned to R-2 residential, which we now understand occurred in 1994. The need for this variance arises from the fact that, when this residence was originally constructed in 1940, only a small portion of the parcel was developed with the existing building. NBMC Section 20.38.040 limits additions to legal non -conforming structures to 50% of the gross square footage area of the existing building. Other provisions of the Code require certain mandatory improvements, including addition of a LAW OFFICES GARY S. MOBLEY A PROFEMONNL CORP WION Kimberly Brandt, Director Community Development Department CITY OF NEWPORT BEACH February 24, 2014 Page 2 two -car garage, which are counted in the square footage of the remodel/addition project. Given the small size of the Hormanns' residence and these mandatory improvements, applying the 50% limitation to the Subject Property would limit any remodel/addition to the addition to a single room, which is not practical or economically feasible. As a result, the Hormanns cannot effectively remodel their residence under the 50% limitation in NBMC Section 20.38.040. The other option, bringing the current building into compliance with the front and side yard setbacks, is also not a viable option here because the cost of bringing the building into compliance would be more expensive than simply demolishing the building and erecting a new structure. This fact is confirmed by the attached letter from J & R Construction dated January 24, 2014, which reviewed the existing building and concluded that it would cost more to modify the existing building to conform to the setback requirements than to demolish the existing structure and build a new duplex. Since this duplex is being used as the residence of the Hormanns' residence and their adult daughter, my clients cannot to demolish the duplex and erect a new structure. We believe that the small size of the existing building qualifies as a special or unique circumstance justifying the grant of a variance. The Hormanns' property this is the only parcel in the area where the property owner has not been able to fully utilize the full developable portion of the property. Thus, unless a variance is granted, the Hormanns will be prevented from adding onto their residence and, thereby, deprived of rights enjoyed by all other property owners in the area with identical zoning. As I mentioned in our meeting, the City has previously recognized that financial hardship could justify a discretionary permit. Specifically, enclosed is a modification permit issued by the City in 2007 to the owner at 407 Balboa Blvd., which is another non -conforming property located just down the street from the Subject Property. This modification permit allowed the property owner to add a second floor addition to an existing non -conforming residence. This discretionary permit was justified on the grounds that "the cost of removing and reconstructing the building to comply with the required front and alley setbacks would be financially prohibitive." As previously noted, the 50% limitation is not a viable option for my clients because the existing structure is so small that applying the 50% limitation and the other LAW OFFICES GARY S. MOBLEY A PRO ESSION COR RATION Kimberly Brandt, Director Community Development Department CITY OF NEWPORT BEACH February 24, 2014 Page 3 mandatory requirements required by the Code would not allow any reasonable addition to the existing building. I hope this additional information assists you in evaluating and, hopefully, supporting this project. Very trul yours, Z�' Gary .M cc: Aaron Harp, Esq., City Attorney (via email) City Clerk, City of Newport Beach John Loomis (via email) r r M 1. -'W1. in MR. fomtt I 4 VTW tha: qm" . . ..... ... --- nIsba" N's ..... ... .. .. .. . 4n 6.tI+a Ai with 0 1 ii Song:` "&' mg por tho 7 firth omwok6o too Mpg 041 me pfpp I any ewo not bo ckawnentatt to Ifte gonAfpl �-'Wwe or rr jmpriD%4m4�nts in p)e neighbottK)od boLsbd Do U* folkMing .1 lh'q first flocr reat. C"� Lf portlon of tAo axls" WildiPq WA b, ng 1 :11 Uy the r�' + ifed jqey t@thack, Sw proyide rmWenti3l.;;6Ainq r aujowl try m to Zona t6nOeVarkd awamilts in the Aley wtbac'K Dc' T4 s corpd<'Story4' of h—, Oe area VAR conform tr );I S'qtbaq -sboo i'$P ug ts of tho 'RP' MW COMM OafI C; I", he dpma . "n t In,thyq R fir@4 ail6ack oi the }Tic pKsty ' il"If Ynur� In gilt 04 artO his to In Wit '491R8M MARV- IV 0 A ON.. Oher SAW on INS at k*f.Wdv. If ;s: i ZVI c na) a ef of PNOWS a BY, eii ON A lowe ON.. Oher SAW on INS at k*f.Wdv. If ;s: i ZVI c na) a ef of PNOWS a BY, ai t� 1 1 'iii r t4�1 a � tt ii 1 4latayr finial Noior eh�'attw ttiN be W. ,ems! ti•stl hes (p;tfS d 7erC8911 . . `! ty: 34rz3s !Ni pntkrray Width) ahb",e the alley flow, line efewtal?mn,'fs i co 1:'r P tio!k:Woiks, "i—i 3p L v l vas I}a'sctl on the parlxulats of the individual case aM Cfnas elft. rrr'i r501 cr •n rombinatton Win cthe.r 6�ntOv$Is itt thg-Atinity.Of CI%AVyda a precec!Ont for IuWe aporovals or CleCa aitil9 t'-rWv to i,4suancia of building permits, t7 s appticaart shale sulcal"j tc t in Pte^ta r `yt i ;°tt?gnt an addtt of copy a4 the approved archdet turril' (rens for to irs t)rt in °`•as yt,,dixte;.at r Pemit filth. The plans shaft be.�d6ntiUji to 040„d apJ:*t;vrxt ty, dif . y t, apa'tol �ents for buiidifKq p4ofrM tssuance. The app,i'.t1`tlsti "U G%• `ii'lttl a,e:+teMtural sh"ts OrOy arrd shaft be reduced in size tot x plans shall as tttataty depet the eiements approved by Ns hlodlfclhon Perm shall hlghli bt the appro%axnI }slgment8. such that trey sirO n?aie lr 0 r .L \\ f—,—,in other et4t»ents of the .plans. Zts,�Jing permit shalt be obtained prior to "mmencerrent of the aonOi :c':i + cony of this approval letter shas be tr4orporated +rto the &WIng t}+9y n•i r;a!d Sets of plans p664 to isSuao-nce of the building pony its. approval stat expire unless exercised within 24 mon is from the epi o'. e az spee`red n Section 213.93.4150 (A) of the Newport Baach Wniblo Code F r" expiration date of tier appeovat, an wasnsion may be appnxfo to am, viAh Suction 2093.650 IBp of the r ewpod Beach Municipal Coda, Rewesls 4 xieRSlOat irttr tae at wrstv+p APP l P. Ftwe Zcr%rng A.drseauattatar s dKmion msy be appeaW to iia Ptannkig Comrrjsaitan ww— n ray's of the amore d*e. A SM 00 fsing f" shag atcon"y any opp" fldad: No buA, } pants awy bo r/susd wWi 014 gipped petW has expwW, A Cvnv o? fiw l tette, t aha tiR.lttc,^. +�+ Mktg n,tt Fitsti!li5+.� tent sem"" of a Wa afd to isa,+vs. -b gf - th huit nin vwsr�irt tra lstum!a!ft r td t� eh� 5128 E. Ist STREET LONG BEACH CALIF. 90803 949 350 5787 24 January 2014 City of Newport Beach Building Division 100 Civic Center Drive Newport Beach, CA 92660 re: Hormann Residence I Remodel + Addition 417/419 E. Balboa Boulevard To Whom It May Concern: I am a general contractor with more than 30 years' construction experience in Southern California. I have been asked to evaluate the feasibility of modifying the existing Hormann duplex at 417/419 E. Balboa Boulevard, Newport Beach, to bring the front and side -yard setbacks into conformity, increasing the front yard from 2-1f2 feet to 5 feet, and increasing the side -yard setbacks from "0" feet to 3 feet. After reviewing the existing conditions and proposed setback changes, and due to the first -floor construction having been built with 8 -inch thick CMU fully grouted walls and wide, offset concrete footings, my recommendation, which will be both cost and time efficient, is to demolish the existing structure rebuild a new duplex with conforming setbacks, rather than modify the existing building. If you have any questions or need further clarification, please contact me. Joe Railey Owner JR Construction Proposed Variance Findings if Hormann Appeal is Granted: 1. There are special or unique circumstances or conditions applicable to the subject property (i.e., location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Specifically, the existing structure on the property is a 1,785 square foot building that was constructed in 1940, before the City adopted setback requirements and when the area was zoned C-1 commercial. Further, the existing structure is small in relation to the overall buildable length of the parcel, occupying less than 50% of the buildable length of the parcel. These characteristics are unique because this is the only residence in the area that utilizes less than 50% of the buildable length of the parcel. In contrast, all other residences in the area have been allowed to develop the entire buildable length of their parcel. It is financially unfeasible to bring the building into compliance with existing setback non -conformities or to demolish the existing building and construct a new residence. Application of the 50% rule in this particular case, because the existing building is so small at 1785 s.f., creates a unique circumstance resulting in an allowable habitable addition of only 532 s.f. or a total habitable area of about 2317 s.£, which is much smaller ths:;1 the average development size of about 3800 s.£ of gross area of neighboring lots in this block, thereby creating a hardship. 2. Strict compliance with the Zoning Code requirements would deprive the subject property privileges enjoyed by other properties in the vicinity and under identical zoning classification in that strict compliance with the zoning code would limit the size of any proposed addition to approximately 532 s.f., or a total gross area approximately 1,123 s.f., which is far less than the average size of all neighboring developments in the area. 3. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicants. Granting of this variance is necessary because it is the only fair and equitable option that will allow the owners to enjoy their property rights. 4. Granting of the variance will not constitute a grant of special privileges inconsistent with the limitations orr other properties in the vicinity and in the same zoning districts in that all other properties in the area have e n allowed to develop the full buildable length of the parcel. Granting of this Variance Application will not create a special privilege because this is a unique circumstance relating to this lot and structure only, resulting from a very small, existing structure, that has remained unchanged since its construction in 1940 and that was constructed with CMU walls built on the property lines that make it infeasible to modify to bring into conformance. Other lots may have non - conformities, but these can usually be brought into conformance without having to demolish the existing structure. Granting of this variance would allow the owners to enjoy the same rights as enjoyed by others in this block. 5. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the city, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. This project has the support of the Fire Department and the Building Department. The existing side yard walls are 8 in. thick CMU construction at the first floor that equal over a 4 -hour fire rating. One existing bathroom window on the east side will be infilled. The entire project, including the existing building will be fully fire sprinklered. The Fire Department is also satisfied with access to the site. When completed, this project will be safer than most of the other buildings in this zone. Further, because the proposed three-story addition is located on the rear half of the property, the Planning Department felt that the proposed project was consistent with the neighborhood design context in terms of scale, mass, form, height, and character. 6. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable Specific Plan because the variance process was created to deal with existing unique anomalies such as this situation. In this case, full compliance with the Zoning Code as written would require an unfair and unreasonable remedy. The variance process was created to provide relief from exactly these types of situations. Brown, Leilani From: Zdeba, Benjamin Sent: Monday, March 03, 2014 8:11 AM To: Brown, Leilani Subject: FW: 417 & 419 E Balboa Hi Leilani, I received this regarding item No. 11 from past City Council meeting on February 25th. The gentleman wishes to have this distributed to Council. Thanks, BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba(a)newportbeachca.gov From: GEORGE HAJJAR [mailto:gphajjarHd)msn.com] Sent: Friday, February 28, 2014 1:54 PM To: Zdeba, Benjamin Subject: 417 & 419 E Balboa Hi Ben, hope all is well. I just wanted to write a letter regarding the city council's decision to revisit the code so that they can find a way for the Hormann's to add that monstrosity to the back of their home. As I mentioned at the meeting, no matter what code the council comes up with, someone will always try to get a variance. In addition those people who conformed to the code earlier will feel wronged because the council relaxed the rules after they had to conform to them. The Hormann's knew they were buying an old, nonconforming property when they purchased it 5 or 6 years ago. I am also sure they were told they were buying it for lot value, because the building was built in 1949. The Hormann's want to keep the old building, because they are encroaching on both side & front easements, & they don't want to give up the square footage that those encroachments provide them. I strongly believe that the codes should not be altered, & the council should not waste their time. I do have a compromise suggestion for the council, since their complaint is that under the currant rules all they can add is a double garage & one bedroom, the council can let them add enough additional square footage so that the final total, between the existing building & the new addition, is equal to the amount a totally new construction would allow them, if they started from scratch! This will eliminate their hardship concern, and would provide more square footage for their family to use, and enjoy. Please forward my letter to the council for their review. Thanks, George Hajjar