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HomeMy WebLinkAbout1649 - APPROVING VA AND MD_520 LARKSPUR AVERESOLUTION NO. 1649 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2004 -001 AS MODIFIED AND MODIFICATION PERMIT NO. 2004 -053 FOR PROPERTY LOCATED AT 520 LARKSPUR AVENUE (PA2004 -155) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mary Jean Simpkins, with respect to property located at 520 Larkspur Avenue and described as the northwest 67 feet of Lot 22 Block 538 of Corona Del Mar, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3 pages 41 and 42 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, requesting approval of Variance No. 2004 -001 to exceed the 1,332 square -foot floor area by 1,140 square feet, and Modification Permit No. 2004- 053 to allow a 7 -foot encroachment into the 10 -foot rear setback, in order to construct a new two -story single - family dwelling with a basement level. WHEREAS, a public hearing was held on October 7, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Two - Family Residential by the General Plan Land Use Element and zoned R -2 (Two - Family Residential). The property is presently improved with a 960 square foot single - family dwelling unit, and the proposed single - family residence is permitted within the General Plan and Zoning designation. WHEREAS, the Planning Commission finds as follows: 1. There are exceptional or extraordinary circumstances applying to the land, building or use referred to in the variance application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. The lot size is not typical of other lots in the area and the lot configuration with no alley access combined with the strict application of the setback standards would reduce the permitted building area to 1,332 square feet. The limitation of floor area to this square footage would result in a disproportionately small house for the subject property in the Corona del Mar neighborhood. 2. The granting of the variance application as modified is necessary for the preservation and enjoyment of substantial property rights of the applicant. Without relief from the floor area limit, the applicant would not receive a proportionate enjoyment of a substantial property right enjoyed by other property owners in the area. The strict application of allowable floor area would limit development and would be inconsistent in design to other dwellings located within the neighborhood. Planning Commission Resolution No. 1648 Page 2 of 5 3. The applicant's request for 2,472 square feet or 1.23 floor area to land area ratio can be considered the granting of special privilege as it would give the applicant more area proportionally when compared to other lots under the R -2 zone standards in the Corona del Mar area. 4. The project as modified not to have a basement level, will result in a dwelling unit that is similar to and consistent with the other dwellings in the area. The proposed 1,964 square feet is comparable to the floor to land area allowed on other properties in the neighborhood, and therefore will not be the granting of a special privilege. 5. 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 on other services. Granting the request for a floor area of 1,964 square feet will not, therefore, be detrimental to the surrounding neighborhood, and will result in a structure that is compatible to surrounding dwellings with respect to size, bulk, and design. 6. 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: a) The setback, as proposed, would result in the development of the site that is similar to other properties in the area. The proposed 3 -foot setback is a logical request due to the lot's configuration and access, and allows for maintenance of the 20 -foot front yard and reasonable use of the lot. The rear yard setback is more similar to a side yard and would be the same as the required setback for side yards in the area. b) The requested rear yard encroachment is reasonable due to the rear yard to side yard relationship. The proposed rear yard setback of 3 feet is adequate to ensure that light and air ventilation to the adjacent property is maintained. 7. 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. 8. Public improvements may be required of the developer pursuant to Section 20.10.040 of the Municipal Code. 9. The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single - family residence in a residential zone). Planning Commission Resolution No. 1648 Paae 3 of 5 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2004 -001 as modified to allow the construction of a new two -story single - family residential unit not to exceed 1,964 square feet in area and having the floor area to land ratio of .977 and Modification Permit No. 2004 -053, subject to the Conditions set forth in Exhibit "A." Section 2. 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 71h DAY OF OCTOBER 7, 2004. AYES: Eaton, Toerge, Tucker, Selich, & McDaniel ABSENT: NOS: None BY: � "7 TL Lary Tucker, Chairman BY: J. Secretary Planning Commission Resolution No. 1648 Paae 4 of 5 CONDITIONS OF APPROVAL Variance No. 2004 -001 & Modification Permit No. 2004 -053 1. The development shall be substantial conformance with the approved plot plan, floor plans and elevations dated September 10. 2004 with the exception of any revisions required by the following conditions. 2. The new single - family residence shall be limited to 1,964 gross square feet in area and shall be built without the basement level. 3. Variance No. 2004 -001 and Modification Permit No. 2004 -053 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. 4. 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. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. Prior to the issuance of building permits, the applicant shall obtain approval from the Planning Department and record the approved Certificate of Compliance with the County Recorder's Office. 7. The second floor deck located next to Bedroom #2, at the rear of the property, shall have a minimum dimension of 6 ft. x 6 ft. behind the approved setback areas. 8. The existing non - standard brick pavers shall be removed from the public right -of -way and landscaping shall be installed of the type approved by the Public Works and City General Services Departments. 9. A full width concrete sidewalk shall be constructed along the length of the Third Avenue frontage. 10. The existing damaged concrete curb and gutter along the Third Avenue frontage shall be reconstructed. 11. Any damage caused by the project to all public improvements is the responsibility of the applicant/property owner, since Third Avenue was recently rehabilitated. The applicant shall contact the Public Works Department for further details. 12. Per the City Municipal Code, new street trees shall be planted along the Larkspur Avenue and Third Avenue parkways. Planning Commission Resolution No. 1648 Paae 5 of 5 13. A new water meter and sewer cleanout shall be installed. If installed at a location that will be subjected to vehicle traffic, a traffic -grade box/frame and cover is required. 14. All utilities serving this development shall be undergrounded. 15. An encroachment permit is required for all work activities within the public right -of -way. 16. An encroachment agreement is required for the existing sprinkler system within the Third Avenue parkway. 17. Additional public works improvements may be required at the discretion of the Public Works Inspector, including the reconstruction of the existing concrete curb access ramp at the Larkspur Avenue/Third Avenue southeasterly curb return.