HomeMy WebLinkAbout1539 - APPROVE VA_1021 KINGS ROADRESOLUTION NO. 1539
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH APPROVING
VARIANCE NO. 2001 -003 (PA2001 -117) FOR
PROPERTY LOCATED AT 1021 KINGS ROAD
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DOES
HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was duly filed by the applicant, Mr. and Mrs. R. T.
Smith with respect to property located at 1021 Kings Road and legally described as
Parcel 2 of Parcel Map 199 -18, requesting approval of Variance No. 2001 -003 seeking
approval of an existing deck trellis a portion of which exceeds the 24 -foot height limit by
up to 5 feet. The property is located within the R -1 (Single - Family Residential) zone
district.
Section 2. A public hearing was duly held on August 23, 2001 and October 4,
2001, 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 aforesaid meeting
was duly given. Evidence, both written and oral, was duly presented to and considered
by the Planning Commission at the aforesaid meeting.
Section 3. The Planning Commission finds as follows:
a) That the proposed development is consistent with the General Plan since a
single - family dwelling is a permitted use within the Single - Family Residential designation.
b) That this project has been reviewed, and it qualifies for a categorical
exemption pursuant to the California Environmental Quality Act under Class I (Minor
Alteration to Existing Structures less than 2,500 square feet or less than 50% of the floor
area).
C) That 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.
d) That the granting of the variance to allow portions of the deck trellis to
exceed the permitted height limit is warranted in that there are special circumstances
applicable to the property; is necessary for the preservation and enjoyment of substantial
property rights of the applicant; is consistent with the purposes of this code; and will not be
materially detrimental to the surrounding neighborhood for the following reasons:
1) The unique topography of the site restricts the ability to comply with the height
limitations.
2) The code provides the flexibility in application of land use and development
regulations by way of permitting variance applications, and the variance
procedure is intended to resolve practical and unnecessary physical hardships
resulting from the unique topography and lot configurations that exist in the area
and on this lot.
3) The proposed addition is generally comparable to those in the surrounding
neighborhood and strict application of height requirements could result in a
trellis structure being constructed over a portion of the deck resulting in a design
that is irregular in shape.
4) The proposed addition is generally in conformance with the surrounding
neighborhood and has a similar appearance of surrounding properties when
viewed from Coast Highway.
5) Although some portions of the trellis structure can be seen from the street and
from adjacent residences to the east and west, the existing views from the street
and from surrounding properties will not be significantly restricted.
6) The design and materials used for the trellis blend with the style and materials
used on the main dwelling.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby approves Variance No. 2001 -003, subject to the Conditions set forth in Exhibit "A"
attached.
Section 5. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or
this action is call 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 4th DAY OF OCTOBER 2001.
AYES: Kiser, Gifford, Kranzley
NOES: McDaniel, Agaianian
�� ABSENT: Tucker, Selich
BY:
Larry Tucker, Chairman
BY.
Earl McDaniel, Secretary