HomeMy WebLinkAbout1711 - APPROVE VA_212 CRYSTAL AVERESOLUTION NO. 1711
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2006 -001
ALLOWING THE FLOOR AREA TO EXCEED THE 1.5 FAR LIMITATION
FOR PROPERTY LOCATED AT 212 CRYSTAL AVENUE (PA 2006 -046)
WHEREAS, an application was filed by Len Bekemeyer & Associates, on behalf
of Mr. Bob McCloskey, property owner, with respect to property located at 212 Crystal
Avenue, and legally described as the Lot 7, Block 5, Section 5 of the Balboa Island
Tract, requesting approval of a variance to allow additions and alterations to an existing
single - family residence which will exceed the maximum permitted 1.5 Floor Area Ratio
(FAR) limitation of the site; and
WHEREAS, a public hearing was held on January 4, 2007 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; and
WHEREAS, the property is designated Two - Family Residential (RT) by the 2006
General Plan Land Use Element and zoned R -1.5 (Two - Family Residential). The
proposed addition and alterations to an existing single - family residence is consistent with
these designations; and
WHEREAS, Chapter 20.91 of the Newport Beach Municipal Code requires
findings and facts in support of such findings for approval of a variance; and
WHEREAS, such findings and facts in support of such findings are as follows:
1. Finding: 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.
Facts in Support of Finding: The shape and location of the lot are not typical of the
other lots in the area in that the strict application of the setback standards, in
combination with the diagonal orientation of the alley right -of -way adjacent to the
rear lot line, results in a disproportionately greater setback area than on other lots
in the vicinity and disproportionably reduces the buildable area of the subject site
as compared to other lots in the block and district.
2. Finding: That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Facts in Support of Finding: Without the granting of the variance to increase the
permitted floor area, the property owner could not construct a residence on the
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property similar to and consistent with what the development regulations permit on
other lots in the area. As previously discussed, the application of the 5 -foot alley
setback to the diagonally oriented rear lot line results a disproportionately reduced
buildable area with a floor area to land area ratio of 1.0. Therefore, granting
approval of the application is necessary for the preservation and enjoyment of a
substantial property right by allowing the applicant to enjoy the same 1.02 floor area
to land area ratio enjoyed by others.
3. Finding: 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.
Facts in Support of Finding: 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 2,457.9 square feet
(1.02 floor area to land area ratio) is comparable to the floor to land area ratio
allowed in the vicinity. Therefore, the granting of the variance to the floor area
required is not the granting of a special privilege to the property owner not enjoyed
by other property owners in the vicinity.
4. Finding: That 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.
Facts in Support of Finding: The granting of the variance for floor area would not
allow a new structure or increased density that is incompatible with existing
improvements in the area. The plans provide two off - street parking spaces, which
are important as there is minimal on- street parking in the area. Additionally, the
amount of floor area requested would not result in structure height or setbacks less
than required. The plan provides the required 3 -foot side yard setbacks adjacent to
existing residences and improves maneuverability and circulation through the alley
by providing a conforming 5 -foot alley setback to the garage, rather than the
existing non - conforming 3 -foot 4 -inch alley setback. For these reasons, the project
can be viewed as not being detrimental to the neighborhood.
WHEREAS, the proposed project qualifies for a Categorical Exemption
pursuant to Section 15301 (Existing Facilities) of the implementing Guidelines of
the California Environmental Quality Act as the project is an addition to an
existing structure and is located on a developed site with no environmentally
significant resources present; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Variance No. 2006 -01, subject to the Conditions set forth in Exhibit "A."
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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 4th DAY OF JANUARY 2007.
AYES: Eaton, Peotter. Hawkins and Cole
NOES: McDaniel and Toerge
ABSENT: None
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 2006 -001
STANDARD CONDITIONS
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. 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.
3. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
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 California Building Code.
5. All public improvements shall be constructed, if required, in accordance with
applicable Ordinances and the Public Works Department requirements.
6. An encroachment permit shall be processed through the Public Works Department
for all work within the public right -of -way.
7. 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.
8. This approval 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.
9. Variance No. 2006 -001 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.
PROJECT SPECIFIC CONDITIONS
10. With the exception of the FAR variance granted by the approval, the project shall
comply with all other development standards applicable to the R1.5 zoning
district.
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11. The structure shall not exceed a maximum of 2,658 total gross square feet.
12. California Coastal Commission approval shall be obtained prior to the issuance of
building permits.