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HomeMy WebLinkAboutSubmittal Letter update 5-13-19 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581‐2888 • Fax (949) 581‐3599 April 9, 2019 [Updated May 13, 2019] Mr. Jaime Murillo Senior Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Variance Application, 1113 Kings Road Dear Mr. Murillo: On behalf of Carolyn and Greg Reed, the owners of the residence located at 1113 Kings Road, CAA Planning, Inc. (CAA) submits the enclosed Variance application for the proposed residential project. The existing residence is located in a row of homes fronting the bluffs along Kings Road in the Newport Heights Community of Newport Beach. The lot slopes both from west to east, and also more notably, from north to south as a large canyon feature is located along the easterly property line. Background The residence was previously issued variance VA 1053 due to severe site topography. In 1973, the Planning Commission granted a variance finding “[t]hat there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, building and/or uses in the same district.” Planning Staff further noted, “[i]t is the feeling of the staff that there are unusual circumstances which apply to this site which do not generally apply to other building sites in this area.” The historical variance was necessary for the construction of the existing RV garage located on the easterly side of the property due to the sloping of the property from west to east as well as the obvious and more easily discernable north to south slope constraints. The circumstances and conditions that caused the Planning Commission and City Staff to make the determination to issue what today amounts to a historical variance, have not changed by any standard of measure. The canyon along the easterly side of the property continues to preclude the development of the site in a manner that does not generally occur. Project Description The proposed project would replace an existing single-family residence with a new single family residence on a 17,745 square foot lot. The building coverage, including the eaves and decks, is 6,199 square foot, or 34.9% of the lot. The home would include a basement level, a main level and an upper level with a total floor area of 10,803 square feet. The design is characterized by Mr. Jaime Murillo April 9, 2019 [Updated May 13, 2019] Page 2 of 4 several outdoor patios and covered decks, consistent with the type of outdoor living that is possible in Newport Beach. The proposed residence is of appropriate size and scale given the lot site and as compared to the existing homes located in the surrounding neighborhood. The City’s Zoning Code specifies a height limit of 29 feet for sloped roofs. The proposed building heights are 22’- 9” and 25’-8” as dimensioned above the existing front property line profile. Careful consideration was paid to ensure that the building height was not “maxed out” at the front of the property. Variance While Kings Road presents bluff top topography generally sloping in a north to south orientation towards Pacific Coast Highway, the lot at 1113 Kings Road includes an added feature making development significantly more challenging. There is a deep canyon which severely constrains the site. The unique topography of 1113 Kings Road residences presents challenges to development including: Northerly Boundary: Kings Road (front) property line climbs from west to east by 3.28 feet (4% slope). Although the property climbs as viewed from the street, the proposed Grade Establishment along the existing westerly property grade profile would be applied at a level elevation across the width of the lot. Westerly Boundary: The property line shared with 1121 Kings Road falls from north to south by 45.67 feet (27.7% slope). The proposed grade establishment requests to follow this existing property grade profile and apply the existing grades at a level elevation across the width of the lot Easterly Boundary: The property line shared with 1101 Kings Road line falls from north to south by 66.09 feet (36.2% slope). Within the first 30 feet of the front setback, the existing grade falls by approximately 20 feet. Deviations are allowed through the Zoning Code with the processing of a Variance (Section 20.52.090). The City’s Zoning Code states: A variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. (Section 20.52.090) Mr. Jaime Murillo April 9, 2019 [Updated May 13, 2019] Page 3 of 4 Justification  Original variance – The requested variance would serve as a replacement for the existing variance, as the areas considered as over-height for the proposed residence are the same areas that required the issuance of a variance VA 1053 for the construction of the existing RV garage. While the existing RV garage would be removed and replaced with the new residence, the new residence requires the same issuance of a variance for the over-height area as the RV garage did.  The variance is required to permit a limited height increase representing a small percentage of the total residence. The requested height increase is approximately 327 square feet (5.3%) of roof area to exceed the 29-foot height limit and 150 square feet (2.4%) of deck with railing to exceed the 24-foot height limit.  The over height areas are limited to the portion of the residence affected by the canyon area. While most bluff-top homes along Kings Road is presented with challenges, each segment of Kings Road presents with differing degrees of slope topography and most residences are in varying stages of home, backyard and/or slope stability improvements. It is appropriate to evaluate each residence in the immediately vicinity on a case by case basis.  The over-height features will not be visible from the street and will not, themselves, cause interference with the coastal views of adjacent or neighboring properties. Although the over-height features are calculated as such based on the City’s zoning code, the observed heights will not be noticeably taller than other area of the residence. The proposed two-story residence will replace an existing one-story residence. The portion of the residence that may cause limitations to coastal views for the across the street neighbor would be the portion of the residence location on the Kings Road frontage. This portion of the residence is within the 29-foot height limit.  While certain lots along Kings Road are subject to private deed restrictions related to view protection, there is no such deed restriction on 1113 Kings Road. In addition, there are no view corridors within the project vicinity that would be impacted by the proposed project. Conclusion As you are aware, the project applicants have made sizeable revisions to the project plans to reduce the encroachments above the height limit. The variance is only requested along the easterly property line where the canyon inordinately skews the calculation of grade and results in very minor encroachments above the established height limit. As detailed above, 327square feet of the roof area, or 5.3% of the total roof, would exceed the height limit. Furthermore, the area of Mr. Jaime Murillo April 9, 2019 [Updated May 13, 2019] Page 4 of 4 roof which encroaches into the height limit cannot be seen from the street as it is located at a lower elevation and blocked by the roof line at the northern elevation. Findings in support of the variance are attached. If you have questions or concerns, please do not hesitate to contact me or Pua Whitford at (949) 581-2888. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Attachments: Findings of Fact cc: Ms. Carolyn Reed