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HomeMy WebLinkAbout1695 - APPROVE VA AND MD_1710 EAST BAY AVERESOLUTION NO. 1695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2006 -002 AND MODIFICATION PERMIT NO. 2006 -059 FOR PROPERTY LOCATED AT 1710 EAST BAY AVENUE (PA 2006 -114) WHEREAS, an application was filed by Mr. Tim Herbst with respect to property located at 1710 East Bay Avenue, and legally described as the west 30 feet of the east 90 feet of Lot 12, Block 26 of the East Side Addition to the Balboa Tract, requesting approval of a Variance to allow a new single - family residence to deviate from the floor area requirements and a Modification Permit to allow construction within the setbacks. WHEREAS, a public hearing was held on August 3, 2006 in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Single Family Residential by the General Plan Land Use Element and zoned R -1 (Single - Family Residential). The project proposes constructing a new single - family residence, which is permitted within the General Plan and Zoning designation. WHEREAS, a Variance to the applicable floor area requirements has been prepared and approved, in accordance with Chapter 20.91 of the Newport Beach Municipal Code, for the following reasons: 1. Strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification due to the following special circumstances applicable to the property: a. The size and location of the lot are not typical of the other lots in the area and the strict application of the setback standards provides no buildable area and therefore would preclude any redevelop mentLof the lot. r b. Other lots in the area are not required to provide a 20 -foot setback to East Bay Avenue or a 10 -foot rear yard setback. 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant because: a. Without the granting of the variance to increase the permitted floor area, the\ property owner could not construct a residence on the nonconforming'' property, which is designated for residential use. City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 6 3. 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 because: a. The proposed project would result in a structure that is similar to, and consistent with, what the development regulations permit on other lots in the area. The resulting gross floor area of approximately 1,094 square feet is below the comparable floor to land area ratios allowed in the vicinity. b. The open space to land ratio provided is 1.36 which is higher than the 1.15 ratio resulting from the minimum open space requirements of a typical lot in the vicinity. 4. The granting of such application 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 because: a. The granting of the variance for floor area as designed would not introduce a new use to the area that is incompatible and the plans provide two off - street parking spaces. The two parking spaces are important as there is minimal street parking in the area. b. The plan provides 3 -foot rear yard and side yard setbacks adjacent to existing residences, similar to other side yard setbacks in the neighborhood and it also provides a 5 -foot front yard setback, comparable to 5 -foot alley setbacks required for residences adjacent to 10 -foot wide alleys. C. The 6 -inch setback adjacent to the 10 -foot wide landscaped parcel to the west is not detrimental since the landscaped parcel is un- developable as a residence and is largely comprised of a utilities easement. d. The amount of floor area requested does not necessitate deviation from structure height standards, which could be viewed as detrimental. WHEREAS, the proposed Modification Permit for the encroachment of the proposed residence into the required setbacks into the setbacks have been prepared and approved, in accordance with Chapter 20.93 (Modification Permits) of the Newport Beach Municipal Code, for the following reasons: 1. The Modification Permit is necessary due to practical difficulties associated with the property and strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code because: City of Newport Beach Planning Commission Resolution No. _ Paoe 3 of 6 a. Due to the size and location of the lot, strict application of the setback standards provide no buildable area and clearly creates physical difficulties in facilitating construction of any kind. 2. The requested modification will be compatible with the existing development in the neighborhood because: a. The proposed 5 -foot front yard (East Bay Avenue) setback is comparable to the required 5 -foot setback of other residences in the area abutting a 10 -foot wide alley. The 2"d story balcony extension will maintain a 2' /z -foot setback from the front property line and a vertical clearance of 8 -feet from the finish grade, and has been designed in accordance with the Zoning Code setback exception that residences in the area benefit from which permits 2nd story encroachments into residential rear setbacks abutting alleys. b. Given the lots reversed orientation, the proposed 3 -foot rear yard setback is intended to match the side yard of the adjacent residence and is comparable with the side yard setbacks of other residences in the area. C. The project maintains the Code required 3 -foot side yard setback to the easterly property line; however, encroaches 2'/z -feet into the westerly side yard setback and an additional 4- inches with a minor architectural window trim projection. The proposed westerly side yard setback is reasonable since the adjacent 10 -foot wide landscape parcel is un- developable as a residence and is largely comprised of a utility easement. Additionally, the landscape parcel provides visual screening. d. The various 1 % -inch architectural window and door trims and the additional 6 -inch roof overhangs proposed beyond the face of the structure promote architectural compatibility with the surrounding residences. 3. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood because: a. The proposed 5 -foot front yard setback is comparable to the Code required 5 -foot rear yard alley setbacks of other residences in the area and provides an increased setback than the 3 -foot side yard alley setback of the adjacent residence to the east. The proposed setback will provide adequate maneuverability for vehicles entering and exiting adjacent garage spaces. Additionally, the 2 "d story extension will maintain a vertical clearance of 8 -feet and will not impede the circulation of traffic or trucks in the alley. b. The proposed 3 -foot rear yard setback is consistent with the required 3- foot side yard setback of adjacent residences. City of Newport Beach Planning Commission Resolution No. _ Page 4 of 6 C. The proposed 6 -inch setback with a 4 -inch architectural projection into the easterly side yard is reasonable since the adjacent 10 -foot wide landscape parcel is un- developable as a residence and is largely comprised of a utilities easement. d. The various 1 '/z -inch architectural window and door trims and the additional 6 -inch roof overhangs proposed beyond the face of the structure are minor architectural projections that promote visual interest to the structure and will not prove detrimental to surrounding properties. WHEREAS, the proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (Construction of a single - family residence in a residential zone); and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. 2006 -02 and Modification Permit No. 2006 -059 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3`' DAY OF AUGUST 2006. [ AYES: Hawkins, Toerge, Cole, Henn NOES: Eaton ABSENT: McDaniel and Tucker City of Newport Beach Planning Commission Resolution No. _ Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 2006 -002 MODIFICATION PERMIT NO. 2006 -059 1. The development shall be in substantial conformance with the approved site plan, floor plan, and elevations stamped with the date of this meeting, except as noted in the following conditions. 2. No further building encroachment within setbacks or increase in floor area shall be allowed without an amendment to this application 3. The structure shall not exceed a maximum of 1,094 gross square feet. 4. The proposed residence shall maintain a minimum front yard (East Bay Avenue) setback of 5 -feet, a rear yard setback of 3 -feet, and easterly side yard setback of 6- inches, and a westerly side yard setback of 3 -feet. 5. A balcony projection is permitted on the second story into the front yard setback and shall provide a minimum of 2' /z -foot setback from the front property line and a minimum vertical clearance of 8 -feet from finish surface. 6. In addition to the proposed building encroachments, a 1 '/ -inch window and door trim projection are permitted to encroach into the proposed setbacks as depicted on the approved plans, and one 4 -inch window trim encroachment is permitted into the westerly side yard setback. 7. Roof overhangs are permitted to encroach an additional 6- inches beyond the face of the structure, as depicted on approved plans. 8. The garage shall remain clear of obstructions and remain available for the parking of two operable, registered vehicles at all times. The garage shall serve the residential unit and shall maintain clear interior dimensions in conformance with the Zoning Code. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. 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 California Building Code. 11. Openings shall not be permitted on the northerly side of the proposed residence adjacent to the landscape parcel, unless otherwise approved by the Building Department. City of Newport Beach Planning Commission Resolution No. _ Pape 6 of 6 12.These approvals was based on the particulars of the individual case and does not in and of itself, or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 13. All public improvements shall be constructed if required in accordance with applicable Ordinances and the Public Works Department requirements. 14. An encroachment permit shall be processed through the Public Works Department for all work within the public right -of -way. 15. 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. 16. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 17. California Coastal Commission approval shall be obtained prior to the issuance of building permits. 18.Variance No. 2006 -002 and Modification Permit No. 2006 -059 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.