HomeMy WebLinkAbout2.0_Staff PresentationBUILDING AND FIRE BOARD OF APPEALS
1113 KINGS ROAD
September 10, 2024
APPEAL
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•Issue: Previously approved wrought iron guardrail on top of an existing retaining wall located on the west side of property had been replaced with a wooden fence without securing a building permit.
•Appeal: Applicant has appealed the Chief Building Official’s determination that application for a building permit is required before the Appellant, the owner of 1113 Kings Road, may replace existing wrought iron guard railing on the west side of his real property with a wooden fence.
SCOPE OF APPEAL
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The scope of the appeal is for the Board to decide whether the Appellant is required to apply for a building permit to replace existing wrought iron railing with wooden fencing.
NOT SUBJECT TO APPEAL
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Although Appellant’s appeal includes a challenge to Newport Beach Municipal Code (NBMC) Section 20.30.040, regarding zoning standards for fences and walls, the application of the zoning code is beyond the scope of this appeal and beyond the jurisdiction of the Board. If this Board decides that application for a building permit is required, then Appellant would be required to file building plans in connection with the application for a building permit, at which time the City Planning Division would consider whether the wooden fencing complies with the City’s zoning code. In the event that the Planning Division determines that the wooden fence does not comply with the City’s zoning code, then Appellant may appeal that decision to the Planning Commission.
APPROVED DRAWING’S PARTIAL PLAN SHOWING LOCATION OF WROUGHT IRON GUARDS ON TOP OF A RETAINING WALL ON WEST SIDE OF PROPERTY
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APPROVED DRAWING’S ELEVATION SHOWING WROUGHT IRON GUARDS ON TOP OF A RETAINING WALL ON WEST SIDE OF PROPERTY
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AS-BUILT PHOTOS OF WOODEN FENCE AT WESTSIDE WALL IN QUESTION
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APPLICABLE CODE
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CBC Section 105.1 states (emphasis added):
•Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
RECOMMENDATION
Staff recommends the Board uphold the Chief Building Official’s determination requiring Appellant apply for a building permit to replace existing wrought iron guardrails with a wooden fence on top of existing retaining wall in accordance with California Building Code Section 105.1 as adopted by NBMC 15.02.010.
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