Loading...
HomeMy WebLinkAbout1760 - DENY MD_418 REDLANDS AVERESOLUTION NO. 1760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH REVERSING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING MODIFICATION PERMIT NO. 2007 -060 FOR PROPERTY LOCATED AT 418 REDLANDS AVENUE (PA2007 -152) WHEREAS, an application was filed by Joyce LCM RedWillow with respect to property located at 418 Redlands Avenue, and legally described as Lot 7, Block 24, First Addition to Newport Heights, requesting approval of Modification Permit No. 2007 -060 to permit the minor interior remodel of and a 1,203 square -foot addition to a nonconforming single - family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front yard setback; and WHEREAS, at a noticed public hearing held on August 20, 2007, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and approved Modification Permit No. 2007 -060 to allow the minor interior remodel and a 1,203 square -foot addition to a nonconforming single - family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front yard setback; and WHEREAS, on August 30, 2007, an appeal of the Zoning Administrators decision to approve Modification Permit No. 2007 -060 was filed on the grounds that the proposed modification does not meet the necessary findings to grant approval of the request; and WHEREAS, pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal; and WHEREAS, a public hearing on the appeal of the Zoning Administrators decision to approve Modification Permit No. 2007 -060 was held on October 18, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the property is designated Single Unit Residential Detached by the General Plan Land Use Element and is zoned R -1 (Single - Family Residential), and the existing residential structure is consistent with these designations; and WHEREAS, Section 20.93.030 (Modification Permits) of the Zoning Code requires findings and facts in support of such findings to grant approval of a modification permit to allow the minor interior remodel and a 1,203 square -foot addition to a nonconforming single - family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front yard setback. The findings and facts supporting such findings cannot be made to grant approval of Modification Permit No. 2007 -060 for the following reasons: Planning Commission Resolution No. Paae2of3 1. Finding: The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Fact in Opposition of Finding: The proposed minor alterations and addition to the existing nonconforming structure does not meet the purpose and intent of Chapter 20.62 (Nonconforming Structures and Uses) of the Zoning Code, which is intended to limit the expansion of nonconforming structures, and bring these structures into conformity in an equitable, reasonable and timely manner. In addition, the proposed project is not consistent with the goal of Policy LU 6.2.2 of the General Plan which is to bring nonconforming residential structures into conformity as rebuilding occurs. 2. Finding: The requested modification will be compatible with existing development in the neighborhood. Fact in Opposition of Finding: There are no other structures in the neighborhood that project into the front yard setback to the extent of the existing structure located on the front one -half of the subject property. Although the additional square footage to connect the structures would conform to the required development regulations with respect to height, gross floor area and side yard setbacks, the resulting structure would not be compatible with existing development in the neighborhood. 3. Finding: 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. Fact in Opposition of Finding: Residential development regulations, including the establishment of required setbacks, are intended to ensure adequate light, air, privacy and open space for each dwelling unit. The granting of the Modification Permit to allow the proposed additional square footage to connect the two structures would perpetuate and extend the life of the encroaching structure, thereby blocking the adjoining property from adequate light and air. NOW, THEREFORE, BE IT RESOLVED Section 1. Based upon the aforementioned facts, the Planning Commission hereby reverses the decision of the Zoning Administrator, and denies Modification Permit No. 2007 -060. Planning Commission Resolution No. 3of3 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 6th DAY OF DECEMBER, 2007. AYES: Eaton, Peotter. Cole, Hawkins, McDaniel, Toerge and Hillgren NOS: None ABSENT: Robert Hawki s, Chairman BY: Bradley Hillgr ecretary