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HomeMy WebLinkAboutMD2001-030I E CITY OF NEWPORT BEACH April 18, 2001 Tim Nicol, Architect 604 Vista Lane Laguna Beach, CA 92651 • MODIFICATION PERMIT NO. MD2001-030 (PA2001-053) Staff Person: Javier S. Garcia, 644-3206 Appeal Period: 14 days after approval date Application No: Modification Permit No. MD2001-030 (PA2001-053) Applicant: Tim Nicol, Architect Address of Property involved: 2016 E. Ocean Front Legal Description: Lot No. 5 and the easterly 15.45 feet of Lot No. 4, BIock No. D, Tract No. 518 Request as Modified and Approved: Additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains side yard setbacks ranging from 2 feet 5 inches to 3 feet. The new second floor construction will maintain the required 4 -foot side yard setback. Original Request: Additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains 3 -foot side yard setbacks. The new second floor construction will maintain the required 4 -foot side yard setback. The Modifications Committee, on April 18 2001, voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. FINDINGS: The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved PLANNING DEPARTMENT U 2 3300 NEWPORT BOULEVARD C xP- �C! NEWPORT BEACH, CA 92656 F R (949) 644-3'_00; FAX (949) 644.3250 April 18, 2001 Tim Nicol, Architect 604 Vista Lane Laguna Beach, CA 92651 • MODIFICATION PERMIT NO. MD2001-030 (PA2001-053) Staff Person: Javier S. Garcia, 644-3206 Appeal Period: 14 days after approval date Application No: Modification Permit No. MD2001-030 (PA2001-053) Applicant: Tim Nicol, Architect Address of Property involved: 2016 E. Ocean Front Legal Description: Lot No. 5 and the easterly 15.45 feet of Lot No. 4, BIock No. D, Tract No. 518 Request as Modified and Approved: Additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains side yard setbacks ranging from 2 feet 5 inches to 3 feet. The new second floor construction will maintain the required 4 -foot side yard setback. Original Request: Additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains 3 -foot side yard setbacks. The new second floor construction will maintain the required 4 -foot side yard setback. The Modifications Committee, on April 18 2001, voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. FINDINGS: The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved 2 • 0 Page - 2 would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Single Family Detached" residential use. The existing residential structure is consistent with this designation. The structures are accessory to the primary use. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities)and Class 3 (New Construction or Conversion of Small Structures). 3. The modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reason(s): • The existing side yard encroachments will not be increased and in some areas will be brought into compliance with the Building Code requirements that will improve safety to the surrounding properties. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reason(s): 6 The new construction will maintain the required side yard setbacks. 5. The proposed side yard encroachments will not affect the flow of air or light to adjoining residential properties because: The new construction will maintain the required side yard setback and the existing encroachments that will remain do not adversely impact the flow of air or light to the neighboring properties. 6. The proposed construction will not obstruct views from adjoining residential properties because: There are no views through or across this location that will be adversely affected. 7. The existing side yard setback encroachment(s) is/are minor in nature. 8. The dimensions of the parking spaces are adequate to accommodate vehicles. 0 Page - 3 CONDITIONS: 0 The development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted in the following conditions. 2. The structural elements of the existing portions of the buildings that encroach into the side yard setbacks shall not be altered or removed without prior approval by the Planning Director. Removal of the existing structural members of the existing encroachment shall render this modification permit approval null and void. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. A building permit shall be obtained prior to commencement of the construction. A total of two parking spaces shall be maintained for the parking of vehicles at all tunes. 6. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $714.00. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans. MODIFICATIONS COMMITTEE By ! - � c Javier S. Garcia, AICP, Senior Planner Chairperson J-SG:ct 9 Page - 4 Attachments: -Y isiFii*_' "'gar r Appeared in Opposition Appeared in Support: None None 0 cc: Tim Nicol, Architect 604 Vista Lane Laguna Beach, CA 92651 property owner Robert & Elizabeth Ackerman 2007 Ashbourne Drive South Pasadena, CA 91030-3907 VICINITY MAP Subieot Prooert 402 ao� 400 ala x a Baa Baa Feet VICINITY MAP wE . PA2001-053 far MD2001-03 0 and UP2001-009 - 2016 E. ocean Front CITY OF NEWPORT BEACH COMMUNITY AND ECCNOMIC DEVELOPMENT u 1$ PLANNING DEPARTMENT r 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 Application: ❑ Modification Permit No.: U Accepted by: PART I: Cover Page Pro'ect Common Name if a licable : _ FEES: APPLICANT (Print): CONTACT PERSON (if different): ri M W i Gfi [. A��r+iTE�T Mailing Address: 604 V l -2TPr LAW Mailing Address: �A &UNIT b5 -AGR Or Phone: -oo (p Fax wa0 Phone: ( ) Fax { } Properly Owner (if different from above): q�. ±✓t P'i m Mailing Address: �2-w 1 e?o*t� r--, .' 00114 Plk5A M NIA N44 r-, CA Phone: ( } Fax ( ) PROJECT ADDRESS: o O G 6AA FfZ-D 0 T Project Description and Justification (describe briefly) AD ITI00 o Sint GG& f=PAILY 65 f -NGS PROPERTY OWNER'S AFFIDAVIT (n (We) depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers and the information herewith submitted are in all respects true and correct to the best of (my) (9&) knowledge and lief. Signature(s) herein contained ' -t L NOTE: An agent may sign for the owner if written authorisation from the record owner is filed with the application. Aso 91�rzt Work to be done: S6CWO �WOV- ADDITiOM ANU AVLNOV F I ST PLAD Apprn aN T I ri1 G SI NGL GU Existing Nonconfarmities: S Rr�O SIrT�� Proposed Nonconformities: 51A/ NoNcDNF0r-MlTle5 — 5-4ST1 &- I� Present Use: Proposed Use: SEE Zone: Code Requirement Existing Pro used Front setback I a' Ri t side setbal7ck jj`� //41 �' � S' 9 Main building area Garage area SE ens ace Parking sl2aces 2 Building hei t Previous Modifications, Use Permits, Variances, etc.: Legal Description of Property Involved (if too long, attach separate sheet) E DO NOT COMPLETE APPLICATION BELOW THIS LINE, FOR PLANNING DEPT. USE ONLY: Indicate Previous Modification Permits, Use Permits, Variances, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: ow Fee Pd:r ,Receipt No: ab — Date Deemed Complete: Hearing Date: 7 sting loodifications Date: Mailing Date: Y �l Committee Action: '` (Date 1 Approved, Subject to Conditions ❑ Denied (check ane) w)Planning ) Director Action ', IN - if L4 Loi Date P.C. Hearin Date C.C. Hearing o F\ USERS\PLN\ SHARED \ FCIRMS \ MODA FL. DOC Appeal P.C. Action Appeal C.C. Action 0 Authorized to Publish Adyertisernents of all kinds including public notices by Dccres of the Superior Court of Orange County, California, Number A•6214, September 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) 5S. County of Orange am a Citizen of the.United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City -of Costa Mesa, County of- Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: March 30, 2001 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 30f 2001 at Costa Mesa, California. Signature 0 t 1 41 �. v I go NOT REMOVE PUBLIC NOTICE Use Permit No. U P2001-009 (for PA2001-053 for Modificalion Permit No. ` M D2001-030) Notice is hereby giver: that Tim Nicol, Architect on behalf of Robert 8 Elizabeth Ackerman, property owner, has re- quested a Modification of the Zoning Ordinance to permit additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a min- imum of 4 -feet and the building currently main- tains 3 -foot side yard setbacks. The new sec- ond floor construction will maintain the re- quired 4 -toot side yard setback. The request in- cludes a use permit to allow addition to a nonconforming single family dwelling of up to 75°f of the existing square footage. The property is located in the R-1 District. Fropert located at: 2616 E. cean Front This project has been reviewed, and it has been determined that it is categoricaliy exempt under the requirements of the California Environmental Quality Act, Class. 1 (Existing Facilities). A public hearing will be held by the Modifications Committee at 3:00 p.rn. on Wednesday, A ill 11, 2001, in the City Council Chambers, City Hall, 3366 Newport Bou- levard. All interested persons will be heard and all correspondence read at that time. If you challenge this project in court, you may be lim- ited to raising only those issues you or someone ease raised at the public hearing described in this notice, or in written cor- respondence delivered to the City, at, or prior to, the public hearing. The appeal period of 14 days will begin from that date, during which time any in- terested party or their authorized agent ag- grieved of that decision may file a notice of ap- peal to the Planning Commission with a filing fee of $714.04 to defray the cost of the appeal procedure. For further information contact the Newport Beach Planning Depart- ment at (949) 644-3204. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. Published Newport Beach -Costa Mesa Daily Pilot March 30, 2001 F888 0 PUBLIC NOTICE 0 PA2001-053 for Modification Permit No. MD2001-030 and Use Permit No. UP2001-009 Notice is hereby given that Tim Nicol, Architect on behalf of Robert & Elizabeth Ackerman, property owners, has requested a Modification of the Zoning Ordinance to permit additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains 3 -foot side yard setbacks. The new second floor construction will maintain the required 4 -foot side yard setback. The request includes a use permit to allow addition to a nonconforming single family dwelling of up to 75% of the existing square footage. The property is located in the R-1 District. Property located at: 2016 E. Ocean Front This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act, Class 1 (Existing Facilities). A public hearing will be held by the Modifications Committee at 3:00 p.m. on Wednesday, April 11, 2001, in the City Council Chambers, City Hall, 3300 Newport Boulevard. All interested persons will be heard and all correspondence read at that time. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, at, or prior to, the public hearing. The appeal period of 14 days will begin from that date, during which time any interested party or their authorized agent aggrieved of that decision may file a notice of appeal to the Planning Commission with a filing fee of $714.00 to defray the cost of the appeal procedure. For further information contact the Newport Beach Planning Department at (949) 644-3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 0 PUBLIC NOTICE 0 Use Permit No. UP2001-009 (PA2001-053) Notice is hereby given that an application was submitted by Tim Nicol, Architect and was approved by the Planning Director on April 18, 2001. The property is located in the R-1 District. The application was reviewed upon a request for a use permit to allow additions and alterations to a nonconforming single family dwelling of up to 75% of the existing square footage. For the property located at: 2016 E. Ocean Front The appeal period of 14 days will begin from the approval date, during which time any interested party or their authorized agent aggrieved of that decision may file a notice of appeal to the Planning Commission with a filing fee of $714.00 to defray the cost of the appeal procedure. The application and development plans of the proposed project are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658-8915. For further information contact the Newport Beach Planning Department, (949) 644-3200. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTE: The expense of this notice is paid from a filing fee collected from the applicant. \Y T ff vnJ 1 CKERMAN FILE#030124$ 2026 E OCEANFRONT NEWPORT BEACH CA [ 048 262 2b 300' LISTING MARCH 5 2001 048 211 13 048 211 14 048 211 15 RALPH STRATTON LINHOFF CHESNIE STEVEN JOHNSON 1760 E OCEAN BLVD 1756 E OCEAN BLVD 1754 E OCEAN BLVD NEWPORT BEACH CA 92661 NEWPORT BEACH CA 92661 NEWPORT BEACH CA 92661 048 212 13 048 212 14 048 212 17 STACEY DOWNEY CHARLES & SUE BOYD DONALD SPENGLER 61 CALLE DEL SUR 6408 E CLINTON ST 10666 WESTMINSTER AVE RCHO STA MARG CA 92688 SCOTTSDALE AZ 85254 GARDEN GROVE CA 92843 048 212 28 J N MITCHELL 1755 E OCEAN BLVD NEWPORT BEACH CA 92661 048 261 01 SCOTT FIGGE 2001 MIRAMAR DR NEWPORT BEACH CA 92661 048 261 04 ALLEN & DIANE CRAIG 17118 SE 47TH CT BELLEVUE WA 98006 048 261 07 RICHARD FULLER 1989 LINDA FLORA DR LOS ANGELES CA 90077 048 261 20 JOHN TESKE 1373 VIA CORONEL PALOS VERDES ESTATES CA 90274 048 261 23 MC EWENS INC 200 W REDLANDS BLVD REDLANDS CA 92373 048 212 31 HANCOCK �GI I 175 CEAN F PORT BEACH CA 92661 048 261 02 ROGER & BONNIE AVER 5094 WALMAR AVE LA CANADA CA 91011 048 261 05 DAVID & S A MCEWEN 16 TROVITA IRVINE CA 92620 048 261 08 JEFFREY D'ELISCU 2017 MIRAMAR DR NEWPORT BEACH CA 92661 048 261 21 STUART COGAN PO BOX 4259 NEWPORT BEACH CA 92661 048 261 24 MICHAEL JOHNSON 2032 E OCEAN BLVD NEWPORT BEACH CA 92661 pjl-;�n f -o-�3 d�A " d,&D/ -03D 9t, 6f 10,' 048 212 32 HANCOCK BANNING III 1752 E OCEAN FRONT NEWPORT BEACH CA 92661 048 261 03 PATSY RUSSELL 17614 LUDLOW ST GRANADA HILLS CA 91344 046 261 06 RICHARD & ISABELLA KISS 2013 MIRAMAR DR NEWPORT BEACH CA 92661 048 261 09 MATTHEW PASKERIAN 2021 MIRAMAR DR NEWPORT BEACH CA 92661 046 261 22 JOHN CARLTON 2040 E OCEAN BLVD NEWPORT BEACH CA 92661 048 261 25 BARBARA DAHL 2028 E OCEAN BLVD NEWPORT BEACH CA 92661 048 261 28 LEE ASSENHEIMER 1970 PORT PROVENCE PL NEWPORT BEACH CA 92660 048 261 31 WILLIAM & SUSANNE EMERY 2020 E OCEAN BLVD NEWPORT BEACH CA 92661 048 261 34 DONALD THOMAS 2051 BENBOW PL RIVERSIDE CA 92506 048 262 01 ROY & CAROLYN COATS 2001 E OCEAN BLVD NEWPORT BEACH CA 92661 048-262-04 WALLACE GROUP LTD.PARTN PO BOX 48006 SEATTLE WA 98148 048-262-07 BEVERLY T NICKEY 14081 MATRYCE WAY TUSTIN CA 92780 048 262 10 KENDELL SEAMANS PO BOX 994661. 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ATTN TOM AHERN 1310 E BALBOA BLVD BALBOA CA 92661 048 262 28 SCOTT GINSBURG 2004 E OCEAN BLVD NEWPORT BEACH CA 92661 k 0 SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7, Laguna Beach, CA 926.51 f PHONE (949) 494 6105 - FAX (949) 494-77418 CERTIFICATION OF PROPERTY OWNERS LIST THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN �5 0 () FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT� Cv DlsGLRv► 'YZ7 N c. Gig THIS INFORMATION WAS OBTAINED THROUGH TRANSAMERICA I14TELLITECH, A DATASOURCE UTILIZING THE,COUNTY ASSESSMENT ROLLS AND OTHER DATA SOURCES. THIS INFORMATION IS GENERALLY DEEMED RELIABLE, BUT IS NOT GUARANTEED. SUSAN W. CASE, INC.