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HomeMy WebLinkAbout1580 - APPROVE VA AND MD_1601 BALBOA BLVDRESOLUTION NO. 1580 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2002 -007 AND MODIFICATION PERMIT NO. 2002-103 FOR PROPERTY LOCATED AT 1601 BALBOA AVENUE (PA2002 -194) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Ian Harrison, agent for the property owner, Patricia Eckert, with respect to property located at 1601 Balboa Avenue and described as the Westerly 25 -feet of Lot 13 and Westerly 25 -feet of Lot 14, Block 6, Section 5, Balboa Island Tract, requesting approval of Variance No. 2002 -007 to exceed the 1,025 square -foot floor area by 692 square feet, and Modification Permit No. 2002 -103 to allow a 16 -foot encroachment into the 20 foot front (Balboa Avenue) setback, a 2 foot 11 -inch encroachment into the 5 foot right side (Abalone Avenue) setback and 6 foot 10 inch encroachment into the 10 foot rear setback (2 "d floor chimney an additional I- foot), in order to construct a new single - family dwelling on Little Balboa Island. Section 2. A public hearing was held on November 7, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at these meetings. Section 3. The Planning Commission finds as follows: a) That 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, buildings and/or uses in the same district. The lot location and size are not typical of the other lots in the area and the strict application of the setback standards would reduce the permitted building area to 1,025 square feet (including a required two car enclosed garage), and would result in a dwelling of limited size, with approximately 600 square feet of livable area which is considerably smaller than newer surrounding residences. b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Without the granting of the variance to increase the floor area the resultant structure would be inferior in size and inconsistent in design to other dwellings located in the vicinity c) That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. The project as proposed by the applicant will result in a structure that is similar to and consistent with other dwellings in the area. The resulting gross floor area of 1,625 square feet is comparable EXHIBIT I Planning Commission Resolution No. Paee 2 of 5 with the floor to land area ratio allowed on other properties on Little Balboa Island, and therefore not the granting of a special privilege. d) The granting of the requested variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The property is designated for two family residential use and the granting of the variance would not increase the density beyond what is planned for the area, thereby avoiding additional traffic, parking or demand for other services. Granting the request for the establishment of the floor area of 1,717 square feet will not, therefore, be detrimental to the surrounding neighborhood, and will result in a structure that is similar to surrounding dwellings with respect to size, bulk and design. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: The setbacks, as proposed, would result in the development of the site to be similar to other properties in the area and will result in a structure that is similar to and compatible with other residential structures in the area since a 20 -foot front yard setback is not required for other lots in the neighborhood, the 3 -foot 2 -inch rear yard setback for the first floor garage and the 5 -foot rear yard setback for the second floor are reasonable due to the rear yard to side yard relationship and, the 5 -foot second floor setback is adequate to ensure that light and air ventilation to the adjacent property is maintained. The 3 -foot right side yard setback is consistent with side yard setbacks for other lots in the neighborhood and, the project is designed to provide articulation and relief to reduce the mass of the structure. Additionally, the proposed 18 -foot garage depth is acceptable to avoid further setback encroachments and the proposed 18 -foot parking depth is adequate for the parking of vehicles. f) The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of, the property within the proposed development. g) That public improvements may be required of the developer pursuant to Section 20.1.040 of the Municipal Code. h) The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single - family residence in a residential zone). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -007 and Modification Permit No. 2002 -103, subject to the Conditions set forth in Exhibit "A." Planning Commission Resolution No. Paee 3 of 5 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 called 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 7`" DAY OF NOVEMBER 2002. AYES: Toerge, AQajanian, McDaniel, Kiser Gifford, Selich and Tucker NOES: None Planning Commission Resolution No. Page 4 of 5 CONDITIONS OF APPROVAL Variance No. 2002 -007 & Modification Permit No. 2002 -103 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated November 7, 2002 with the exception of any revisions required by the following conditions. 2. Variance No. 2002 -007 and Modification Permit No. 2002 -103 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 6. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. S. Prior to the issuance of building permits, the applicant shall obtain approval from the Modifications Committee, the Public Works Department and record the approved Lot Line Adjustment with the County Recorder's Office. 9. Prior to the issuance of building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence. 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 11. Fences, walls, pilasters and other accessory structures greater than 24- inches in height shall be held back a minimum of 5 -feet from along each street right of way as measured from the northwest comer of the subject property to create a triangular view plane to ensure adequate sight distance is maintained. Planning Commission Resolution No. Paee 5 of 5 12. The clear interior garage dimensions of 17 -feet 6- inches in width by 18 -feet in depth shall remain clear of all obstructions and remain available for the parking of vehicles. 13. The total square footage of the approved structure shall not exceed a maximum of 1,625 square feet. 14. The second floor living area and chimney shall maintain a minimum setback of 5 feet from the rear property line. 15. The second floor deck located at the rear of the property shall maintain a minimum rear setback of 3 feet 2 inches and shall remain open to the sky and not be covered by any type (solid or lattice) of roof or patio cover structure. 16. The roof over the portion of the structure that encroaches into the rear yard setback shall be redesigned from the proposed gable style design to a hip roof design and shall not exceed the maximum height limit for structures in the R -1.5 Zone.