HomeMy WebLinkAboutFerrarini Residence 201 Crystal AvenueCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 17, 2008
Agenda Item No. 3
SUBJECT: Ferrarini Residence (PA2007 -214)
201 Crystal Avenue
• Variance No. 2007 -004
• Modification No. 2007 -078
APPLICANT: Brad Smith
PLANNER: Melinda Gondrez, Assistant Planner
(949) 644 -3221, mgondrez(&- city.newport- beach.ca.us
Background
This item was heard by the Planning Commission at the March 6, 2008, meeting.
The item was continued to allow the applicant time to incorporate changes in the
design intended to address the concerns of the owner of the abutting property, at
1610 Park Avenue. The following report analyzes the project as revised. The
previous staff report and revised plans that include architectural design changes
are attached.
PROJECT SUMMARY
A variance is requested to permit the construction of a single - family dwelling that
exceeds the maximum permitted floor area limitation of 1,055 square feet for the
site. The request also includes a modification permit to allow the encroachment
of the dwelling into the required setbacks.
Staff recommends that the Planning Commission approve Variance No. 2007-
004 and Modification Permit No. 2007 -078 subject to the findings and conditions
of the attached draft resolution.
201 Crystal Ave. Variance
April 17, 2008
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Two - Family Residential
R -1.5 (Restricted Two-
Single - Family
RT
FamilV Residential )
Residence
NORTH
Two - Family Residential
R -1.5 (Two - Family
Two - Family
RT
Residential )
Residence
SOUTH
Two - Family Residential
R -1.5 (Restricted Two
Single - Family
RT
Family Residential )
Residence
EAST
Two - Family Residential
R -1.5 (Restricted Two-
Single - Family
RT
Family Residential )
Residence
WEST
Two - Family Residential
R1.5 (Restricted Two-
Single - Family
RT
Family Residential )
Residence
i
201 Crystal Ave. Variance
April 17, 2008
Page 3
DISCUSSION
Revised Project Description
The proposed project involves the demolition of the existing dwelling and the
construction of a new, two -story single - family dwelling with a total floor area of
1,537 square feet plus a 200 square -foot credit for a portion of the two -car
garage. The first -floor area will include a living room, kitchen with a nook, guest
bathroom, and two -car garage. The second -floor area will include a master
bedroom with deck, a second bedroom, den /office, two bathrooms, two closets,
and a laundry. The proposed project also includes an open roof deck.
The project has been changed to address concerns of the Commission and the
neighbor at 1610 Park Avenue. The changes are to the front yard setback
encroachment and the amount of the square footage requested for the floor area
variance. The encroachment into the required 20 -foot front yard setback along
Park Avenue has been reduced by 8 inches to 14 -feet, resulting in a 6 -foot front
yard setback (previously 5 feet 4 inches). As result of revised building design,
there is a request for a portion of a second floor deck (southeast corner above
living room) extension to within 5 feet of the front property line, which was not
included in the original application.
As a result of the revised building design, the total square footage requested by
the variance has been reduced by 23 square feet to 1,537 square feet (plus a
200 square -foot credit for a portion of the two -car garage). Other changes to the
single - family dwelling included removal of a chimney and an architectural peaked
archway above the roof deck, and the addition of a Craftsmen -style niche, which
will provide an additional 2 -foot front yard setback at the southwest corner
adjacent to 1610 Park Avenue.
Analysis
Revised Floor Area Variance
The Zoning Code permits structures within the R -1.5 District to have a total gross
floor area equal to 1.5 times the buildable area. The buildable area of a lot is the
lot area minus the area of required setbacks. Section 20.10.030(M) 2 of the
Zoning Code excludes 200 square feet of floor area used for enclosed parking of
two or more spaces within the R -1.5 District from the calculation of the gross floor
area. Using this formula, the maximum allowable gross floor area for the subject
lot is 855 square feet plus 200 square feet for enclosed parking spaces for a total
of 1,055 square feet. The proposed single - family structure has a floor area of
1,537 square feet and a 200 square -foot credit for a portion of the two -car garage
(1,737 gross sq. ft.). Table 1 shows how the development standards influence
the floor area to land area ratios for the subject lot and other lots in the vicinity.
5
201 Crystal Ave. Variance
April 17, 2008
Page 4
Table 1: Pro pert Develop mant Standards Comparison
tyr'1 a,
Typical-Lot rn
/1tGp�: E
>•g-- ' (iy �I rt3ii�!...,t ,uw,..
--- .`- --._.a... _�iy.5.at _
,K.d u+�ti.,�Qil ;i..
?r iI I� �I i11: -
iitaiS.te #baPark) i';
20 ft.
6 ft.
6 ft.
t Vp�ii .........�
P n ''' °``'�
3 ft. & reversed
3 ft. to 5 ft. and 2 ft. @comer of
6�`ili(i
idl5bfback rystaO '
corner 6 ft. for
3 ft.
garage -First Floor and
F
rear 20 ft.
3 ft. to 4 ft. - Second Floor
ode Seth ��t�
3 ft.
3 ft.
3 ft.
R88E e� ice., �i�
10 ft.
5 ft. (alley)
3 ft.
Gross I '�'`�
1,500 sq. ft.
2,550 sq. ft.
1,500 sq. ft.
SU00abte red ,'„ ,a�
570 sq. ft.
1,776 sq. ft.
570 sq. ft.
citpum FMor At".,
(ujbte Area �e Aa
855 sq. ft.
2,664 sq. ft.
1,537 sq. ft.
- _VIZA_...ttto, {],,rlGiltlil,
moor A ut,,;
s,
0.57
1.04
1.025
(1) Excluding the 200 - square -feet floor area exception for providing two or more enclosed parking
spaces within the R -1.5 District.
Applying standard setbacks to a property the size of the subject property results
in a smaller buildable area then those found on a typical lot in the block and thus
less allowable floor area; however, because this is a reversed corner lot, a
default 20 -foot minimum front setback is required. This is an unusually large
setback for not only the subject property, but also for a typical lot within the block
and for Balboa Island. Furthermore, the rear property line does not abut an alley
as do most lots within the block and throughout Balboa Island; therefore, the
required rear yard setback is 10 feet instead of 5 feet. Strict application of these
default setbacks on this small lot results in a rear setback area (250 sq. ft.) and
front setback area (500 sq. ft.) as compared to the rear setback area (150 sq. ft.)
and front setback area (180 sq. ft.) of the larger, typical lots within the block. The
rear and front setback areas combined with the smaller lot size results in a
disproportionate reduction in buildable area.
On prior occasions, the Planning Commission has used a true "floor area to lot
area ratio' (FAR) to determine an appropriate floor area for similar variance
requests for irregularly sized and oriented lots. Application of the Zoning Code
requirement of the 1.5 floor area limit to the subject site allows a maximum of 855
gross square feet, which results in a FAR of 0.57. The FAR of a typical lot within
the block is 1.04. The applicant's requested variance to exceed the 1.5 floor area
limit with a single - family dwelling that has a gross floor area of 1,537 square feet
(excluding the 200 square -foot garage credit) results in a 1.025 FAR, which is
consistent with, yet less than the typical lots within the vicinity (block).
201 Crystal Ave. Variance
April 17, 2008
Page 5
Variances are by their nature, unique and have to be applied on a case by case
basis. Approval of one does not justify approval of another. However, staff has
provided the table below to assist the Commission in determining whether the
floor area requested is not substantially more than what would be approved in
other circumstances. This information should be used for purposes of
comparison only.
Table 2: Floor Area Variance Comoarisons
..
- sta Ave: "
204 Apo ena �� �:,
�l l
�i �, . Nb'ecf
2002
ZQpB �� �:
QO v
tart kiEAreti 1,500 sq. ft.
2,400 sq. ft.
1,500 sq. ft.
2,406.9 sq. ft.
Siilclable Area = 570 sq. ft.
950 sq. ft.
570 sq. ft.
1609.6 sq. ft.
Maximu€bPldkx
Area 855 sq. ft.�
1,625 sq. ft.
855 sq. ft.
2,414 sq. ft.
Floor Are a 1,537 sq. ft.
2,295 sq. ft.
1,505.50 sq. ft.
2,458 sq. ft
(Proposed))
(VA2002 -001)
(VA2002 -007)
(VA2006 -001)
= FtooJ4ita "
_Landreatio ^_ 1.025
0.96
1.004
1.02
1) Per Section 20.10.030(M) 2 of the Zoning Code, 200 square feet of floor used for enclosed
parking of two or more spaces within the R -1.5 District shall not be included in the calculation of
the gross floor area.
(2) Subject to a variance for the increased floor area.
Neighborhood Character
Commissioners were concerned that the proposed single - family dwelling would
not be compatible with the character of the surrounding Balboa Island
neighborhood. Neighborhood compatibility is called for by General Plan Policy
LU 5.6.2 (Form and Environment) which states:
Require that new and renovated buildings be designed to avoid
the use of styles, colors, and materials that unusually impact
the design character and quality of their location such as
abrupt changes in scale, building form, architectural style, and
the use of surface materials that raise local temperatures,
result in glare and excessive illumination of adjoining properties
and open spaces, or adversely modify wind patterns.
a
201 Crystal Ave. Variance
April 17, 2008
Page 6
The properties within the vicinity and throughout Balboa Island are developed
with single and two- family dwellings. Many of the existing properties, including
the adjacent properties, are developed with two -story dwellings. The proposed
dwelling is two -story and conforms to the 24/28 Height Limitation Zone for the R-
1.5 District. The proposed dwelling has a floor area mass that is consistent with
the neighborhood and will have variations in the mass of the first floor and the
second floor, which is encouraged by the General Plan. Staff believes that the
proposed dwelling is consistent with the characteristics of the area and conforms
to General Plan Policy LU 5.6.2.
Variance Findings
Chapter 20.91 of the Zoning Code requires the Planning Commission to make
certain mandatory findings should approval of a variance request be desirable.
These findings and facts in support of these findings are discussed below.
1. That because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict
application of this code deprives such property of privelages enjoyed by
other property in the vicinity and under identical zoning classification.
The reversed corner lot creates special circumstances that restrict the
maximum floor area allowed on the lot that exist on a typical -sized and
oriented lot within the block and throughout Balboa Island. The reversed
corner lot with the strict application of the Zoning Code required setbacks,
which are greater than those on other lots in the vicinity, disproportionately
reduces the buildable area of the subject site compared to lots within the
block and the R -1.5 District.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
The application of the default setbacks to the small lot results in a
disproportionately reduced buildable area and floor area ratio of 0.57. Strict
application of the Zoning Code would deprive the property rights of the
applicant to develop a single - family dwelling with a reasonable amount of
square footage that is enjoyed by other parcels within the R -1.5 District.
3. 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.
The proposed single - family residence is consistent with other single - family
residences that comply with development regulations in the immediate
vicinity and throughout the neighborhoods of Balboa Island. The proposed
0
201 Crystal Ave. Variance
April 17, 2008
Page 7
floor area of approximately 1,537 square feet (excluding the 200 square -
foot credit) results in a FAR of 1.025, which is comparable to the FAR
allowed in the vicinity and places the property in parity with the properties
in the neighborhood.
4. 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.
The minimum required 3 -foot side yard setback immediately adjacent to
the existing residence to the west will be maintained; this and variations in
the mass of the first floor and the second floor will allow air and light for
the adjacent property on the west side. Therefore, the granting of the floor
area variance for the proposed dwelling would not adversely affect the
health or safety of persons residing or working in the vicinity, would not be
detrimental to public welfare, and would not be injurious to property or
improvements in the vicinity.
Modification Permit
The applicant also requests a modification permit to allow the encroachment of the
new single - family dwelling into the required setbacks. The orientation of the subject
property triggers the requirement by the Zoning Code for default setbacks that are
intended for larger -sized lots and furthermore, are not required for the typical lot
throughout Balboa Island.
Revised Front Yard Encroachment
Commissioners and the adjacent neighbor at 1610 Park Avenue were concerned
that the requested encroachment into the front yard setback along Park Avenue
would not provide a sufficient front yard and would be inconsistent with the front
yard setbacks within the vicinity. Through site visits and analysis, staff has found
that there is no consistent front yard setback along the north side of Park Avenue.
The average dimension of those front yard setbacks along the north side of Park
Avenue is 6 feet; furthermore, 6 feet is the required front yard setback for the typical
lot along Crystal Avenue and is within the 5 to 10 -foot range of required front yard
setbacks for all of Balboa Island.
The applicant is requesting a 6 -foot front yard setback (14 -foot encroachment)
adjacent to Park Avenue. The request is reasonable due to the extremely short
depth of the lot, which is 60 feet (typical lot within the vicinity is 85 feet). The 6 -foot
front yard is within the range of 5 -foot to 10 -foot front yard setbacks called out on
the Districting Map for the typical lots (85 feet in depth) throughout Balboa Island.
-6
201 Crystal Ave. Variance
April 17, 2008
Page 8
The applicant is also requesting a 5 -foot front yard (15 -foot encroachment) setback
adjacent to Park Avenue for a second floor portion of a deck proposed in the
southeast comer above the living room (not included in the original application
request). The additional 1 -foot deck extension is requested by the applicant to
provide shade above the proposed family room. Staff does not have a problem with
this request as it adds a variation to the mass of the second floor which is
encouraged by the General Plan.
East Side Yard Encroachment and Reversed Comer Encroachment
The proposed comer of the garage will encroach 1 foot into the 3 -foot side setback
along Crystal Avenue in order to provide the required two -car garage with the
minimum interior dimensions of 17 feet 6 inches by 19 feet for parking space. The
second floor will maintain the 3 -foot setback along Crystal Avenue.
The proposed garage will also encroach 4 feet into the 6 -foot required reversed
corner setback. As with the encroachment into the required side yard setback, this
encroachment is necessary to create the minimum required garage space. The
second floor will stepback to provide 5 feet 3 inches to the property line leaving only
a 9 -inch encroachment, which is necessary to maintain useable floor area on the
second floor.
Rear Yarn! Encroachment
The applicant proposes a 7-foot encroachment into the required 10 -foot rear yard
setback. The request is reasonable due to the extremely short depth of the lot. The
encroachment consists of the garage on the first floor and a bedroom on the
second floor. Again, the first floor garage encroachment is requested to provide the
minimum required two -car garage space. Staff believes that this is an important
development standard in this neighborhood, where on- street parking is limited. The
proposed 3 -foot rear setback is intended to match the standard 3 -foot side yard
setback on the abutting property, thus providing the same amount of air, light, and
separation as would exist with two 3 -foot side yard setbacks.
The table below provides a summary of similar encroachment requests that have
been authorized in the area. Again, the following information is provided for
comparison purposes only and is not to warrant an approval for the setback
modification request.
lb
201 Crystal Ave. Variance
April 17, 2008
Page 9
Table 3: Comparative Setback Modifications
13 uk n" sty
kc4$r1Y
v i 131rdtV'+- '�7tt "n �;
�r Pk
Sidi 5tbck'
�i ,.- --
Rear �cthar
Required Approved
Required
Approved
Required Approved
3 ft. east
3 ft. east
3 ft.
3 ft.
3 ft -2 in.
224Abalone Ave.
20 ft.
4 ft.
Abalone
Abalone
10 ft.
1 >ir
(MD2002 -103)
5 ft. for
3 ft.
5 ft. - 2 fl
reversed
reversed
corner
corner
3 ft.
3 ft.
3 ft.
201 Apolena Ave.
20 ft.
5 ft.
Apolena
10 ft.
N/A
N/A
(MD2002 -032)
10 ft. for
reversed
Apolena
corner
1608 Park Ave.
N/A
N/A
N/A
N/A
10 ft.
1ft.
(UP # 436)
1610 Park Ave.
N/A
N/A
N/A
NIA
10 ft.
0 ft.
(UP # 612)
1704 Park Ave.
N/A
NIA
NIA
NIA
10 ft.
2 ft.
(VA # 831)
Chapter 20.91 of the Zoning Code requires the Planning Commission to make
certain mandatory findings should approval of a modification request be desirable.
These findings and facts in support of these findings are discussed below.
Modification Permit Findings
1. In accordance with the provisions of Chapter 20.93, the granting of this
application is necessary due to practical difficulties associated with the
property. The strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning
Code for the following reasons:
■ The subject property is 1,500 square -feet, and oriented differently than
nearby lots, a reversed corner lot with the front adjacent to Park Avenue.
Strict application of the Zoning Code requires larger setbacks that were
not intended for the R -1.5 District. Typical lots on Balboa Island have
front yard setbacks ranging from 5 feet to 10 feet, depending on the
block, and rear property lines adjacent to 10 -foot wide alleys, which
requires a minimum rear yard setback of 5 feet.
■ The subject property is a reversed comer lot within a block that the
Districting Map established a 6 -foot front yard setback along Crystal
A
201 Crystal Ave. Variance
April 17, 2008
Page 10
Avenue, which results in an additional 6 -foot setback for the rear 20 feet
along Crystal Avenue.
2. In accordance with the provisions of Chapter 20.93, the requested
modification will be compatible with existing development(s) in the
neighborhood for the following reasons:
• The 6 -foot front yard setback is within the range of the 5 -foot to10 -foot
front yard setbacks called out on the Districting Map for the typical lots
(85 feet in depth) throughout Balboa Island.
• The average depth of the front yard setbacks along the north side of Park
Avenue is 6 feet; furthermore, 6 feet is the required front yard setback for
the typical lot along Crystal Avenue, which is also within the range of
required front yard setbacks for all of Balboa Island.
• The portion of the second floor deck proposed to extend to within 5 feet
from the front property line and will provide an additional variation to the
mass of the second floor, which is encouraged by the General Plan.
• The required side yard setback along Crystal Avenue is 3 feet. The
proposed comer of the garage will encroach 1 foot into the 3 -foot setback
and is necessary to create the minimum 17 feet 6 inches by 19 feet
interior dimensions required for a two -car garage parking space.
• The proposed garage will encroach 4 feet into the 6 -foot reversed corner
setback. As with the encroachment into the required sideyard setback,
this encroachment is necessary to create the minimum required garage
space. The second floor will stepback to provide 5 feet 3 inches to the
property line requiring only a 9 -inch encroachment, which is necessary to
maintain useable floor area on the second floor.
■ The proposed rear yard setback is 3 feet. The rear yard encroachment
consists of the garage on the first floor and a bedroom on the second
floor. The first floor garage encroachment is necessary to create the
minimum required two -car garage parking spaces. The second floor 3-
foot rear yard setback is intended to match the standard 3 -foot side yard
setback on the abutting property, thus providing the same amount of air,
light, and separation as would exist with two 3 -foot side yard setbacks.
3. In accordance with the provisions of Chapter 20.93, 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 will not be
detrimental to the general welfare or injurious to property or improvements in
the neighborhood based on the following:
R,
201 Crystal Ave. Variance
April 17, 2008
Page 11
The requested encroachments will provide the applicant the ability to
construct a single - family dwelling that consists of the minimum two -car
garage parking spaces required by the Zoning Code, which is
important to the immediate vicinity and all of Balboa Island where the
on- street parking is limited.
The requested encroachments are consistent with development in the
immediate neighborhood and throughout Balboa Island. Concerns with
the provision for adequate light and air on an adjacent property have
been addressed with the revised design that creates a greater front
yard setback than originally proposed and reduced architectural mass
adjacent to the westerly neighbor.
The granting of the application will enable the proposed single - family
dwelling to create variations in the mass of the first floor and the
second floor which are encouraged by the General Plan.
■ All site distance requirements will be met for the Public Works
Department.
Alternatives
The Commission has the option to deny the request if it is found that the
applications are inconsistent with the purpose and intent of the Zoning Code or
that the project might prove detrimental to the area. Denial would allow
construction of a 1,055 square -foot residence with the Zoning Code required
setbacks. The Commission also has the option to propose a revised project that
contains altered amounts for gross floor area and setback encroachments.
Prepared by:
Melinda Gondrez, Assistant Planner
Exhibits:
1. Revised Draft Resolution and Conditions
2. Lot Comparison Diagram
3. Revised Project Plans
4. March 6, 2008 Staff Report
Submitted by:
anning Direct Vplanning Director
13