HomeMy WebLinkAboutFurther Comments on Council Item 20 -- Appeal of Reed Residential Variance for 1113 Kings Road (PA2019-060)_09-09-2019 4-13-48 PMFrom: Bruce Bartram <b.bartram@verizon.net>
Sent: Monday, September 09, 2019 4:15 PM
To: City Clerk's Office; Dept - City Council; Murillo, Jaime
Cc: jimmosher@yahoo.com; jwatt4@aol.com; pvpalmer@icloud.com
Subject: Further Comments on Council Item 20 -- Appeal of Reed Residential
Variance for 1113 Kings Road (PA2019-060)
Honorable Councilmembers:
From the Staff Report and supporting documents prepared for tomorrow's appeal of Reed Residential
Variance for 1113 Kings Road it appears the Planning Commission at its May 23, 2019 meeting was
presented with much live testimony and written correspondence. Much of it concerned the proposed
10,803-square-foot, single-family residence and a 1,508-square-foot, four-car garage's incompatibility
with the Kings Road neighborhood character.
It should be noted that in Guinnane v. San Francisco City Planning Com (1989) 209 Cal.App.3d 732 the
court upheld the local agency which a denied permit on basis of finding that the large size of the house
was "not in character" with surrounding neighborhood even though in technical compliance with zoning
and building codes.
Similarly, in Harris v. City of Costa Mesa (1994) 25 Cal.App.4th 963 it was held that there was substantial
evidence to justify the denial of a CUP to build a second unit for a residence where neighbors objected
that the unit would invade their privacy and was incompatible with the neigh borhood's character.
A determination of a project's aesthetic incompatibility with the neighborhood does not require expert
testimony. The opinions and objections of neighbors can provide substantial evidence to support rejection
of a proposed development. Id.
In light of the above court decisions, the City Council should give due legal and political weight to the
opinions of Kings Road neighbors concerning the incompatibility of the proposed residence with the
character of their existing neighborhood.
Very truly yours,
Bruce Bartram
2 Seaside Circle
Newport Beach, CA 92663
.