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HomeMy WebLinkAbout4.0_Voyer Variance_PA2011-212CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 19, 2012 Meeting Agenda Item 4 SUBJECT: Voyer Variance - (PA2011 -212) 20442 Santa Ana Avenue Variance No. VA2011 -011 APPLICANT: Dunn Voyer PLANNER: James Campbell, Principal Planner (949) 644 -3210, jampbell @newportbeachca.gov PROJECT SUMMARY Variance application to allow an existing residential building constructed without the benefit of permits to encroach 20 feet into the required 25 -foot rear setback area. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Variance No. VA2011 -011 (Attachment PC 1). INTRODUCTION Project Settino The project site is a 7,003- square -foot lot (49.98' x 140.12') located at 20442 Santa Ana Avenue in the Santa Ana Heights area of the City. The project site is currently developed with a 1,346- square -foot, one -unit, single -story dwelling, and a two -story 2,854- square -foot two -unit dwelling. The abutting properties are developed with multiple -unit dwellings and the Santa Ana Country Club Golf Course is located across Santa Ana Avenue to the West within unincorporated Orange County. Voyer Variance January 19, 2012 Page 2 VICINITY MAP GENERAL PLAN ZONING CURRENT USE ON -SITE Multiple Residential (RM Residential Medium Multiple -unit residential 43 DU/AC Density RMD 1000) i RM 43DU /AC RMD 1000 Multiple -unit residential SOUTH RM 43DU /AC RMD 1000 Multiple-unit residential EAST RM 43DU /AC RMD 1000 Multiple-unit residential General Agricultural /Sign Ana Country Club Golf WEST FOpen Space (County) Restriction A1(SR) FSanta Count Course 0 1y , ' s A i do r © % O ° p p ° am p ® °°°m ® 9 % © ®9 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Multiple Residential (RM Residential Medium Multiple -unit residential 43 DU/AC Density RMD 1000) NORTH RM 43DU /AC RMD 1000 Multiple -unit residential SOUTH RM 43DU /AC RMD 1000 Multiple-unit residential EAST RM 43DU /AC RMD 1000 Multiple-unit residential General Agricultural /Sign Ana Country Club Golf WEST FOpen Space (County) Restriction A1(SR) FSanta Count Course Voyer Variance January 19, 2012 Page 3 Project Description The project involves the creation of a single family dwelling and an attached 4 -car tandem garage by altering an existing duplex building that was built without permits to the rear of an existing single family home. The applicant provided a justification statement (Attachment PC 2) and plans (Attachment PC 3) Background On November 17, 2008, a stop work notice was issued to the applicant for constructing a second -floor addition above a detached structure without the required building permits. Review of plans for the addition subsequently submitted by the applicant indicated the building under construction included a duplex which was located 20 feet within the required 25 -foot; rear yard setback. In March 2010, the applicant submitted an application for a Modification Permit (MD2010- 007) to allow a 15 -foot encroachment. The proposal also included significant reconstruction of the original residence to provide the required parking for the original residence and proposed duplex (three units in total). In July of 2010, the Planning Commission approved the applicant's request on appeal from the Zoning Administrator. No building permit was issued following approval of the Modification Permit. Today, the applicant indicates that he does not have the financial ability to implement the approved project given the significant scope of work; the applicant has abandoned that project. To remedy the violation, the applicant proposes the subject Variance to allow the structure to remain in its current position with a 20 -foot encroachment into the 25 -foot required rear yard setback. The proposal would also reduce the total units from three to two; the original residence and one unit to the rear in the new construction. General Plan The Land Use Element of the General Plan designates the site RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre. The total of two dwelling units on a 7,003 sq. ft. lot is consistent with the RM land use designation and the resulting density is below the maximum allowable density. Zoning Code The property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family residential uses. The development of the 7,003 sq. ft. lot with two units is consistent with the RMD(1000) district. Voyer Variance January 19, 2012 Page 4 The proposed structure meets all applicable zoning standards (front and side setbacks, parking, and building height) with the exception of the required 25 -foot rear setback area. Variance A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. A variance can only be granted to maintain parity between the variance site and nearby properties in the same zoning district. To do otherwise would constitute a grant of special privileges that is inconsistent with the limitations upon other properties. Section 20.52.090.F of the Zoning Code, requires the Planning Commission to make the following findings before approving a variance: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Staff concludes that there are facts associated with the subject property that support the required findings. The lot is rectangular in shape, 140 feet in depth and a little over 7,000 square feet in size, which less than '/2 the depth of the majority of lots identically Voyer Variance January 19, 2012 Page 5 zoned (RMD) (See Figure 1). The required front and rear setbacks (20 and 25 feet, respectively) comprise 32% of the project site and these setbacks would compromise 15.5% of the larger and similarly zoned lots. The depth and size of the lot, coupled with the location of the existing residence, are special circumstances where strict compliance with the rear setback standard significantly limits the ability of the property owner to provide more than one unit on the property depriving a substantial property right provided by the multi - family designation. Figure 1 RMD °P Zone Boundary cyySo Zp r /BRA �ti'�,•••• �/ • • �3 ./ Typical RMD lot depth is 290 Feet <i%93- Project site t= 140 foot lot depth J The abutting property to the rear is developed with a two -story, single - family residence. The residence is not oriented toward the proposed project and is located at a higher grade than the subject property (approximately 3 feet). The side yard elevation of the abutting residence has only one window that faces the project and it is not to a bedroom or active living area. It is either a bathroom window or within a stairwell. No privacy issues are anticipated with respect to this property. The lot provides a reduced rear yard Voyer Variance January 19, 2012 Page 6 setback of 15 feet approved by the County of Orange through the Planned Unit Development process. Other reduced or nonconforming setbacks are evident in the immediate vicinity on similarly sized and zoned lots. The lots deeper lots as shown in Figure 1 appear to be developed with residential buildings setback 25 feet from the rear property line'. The side of an existing 2 -story apartment building is located to the north and second floor bedroom windows will be in close proximity to one another. The buildings will be approximately 9 to 10 feet apart which is not consider a significant privacy issue. The lot to the south is developed with several single -story residential buildings and the project provides a side yard setback of slightly over 7 feet. These two factors avoid any significant impacts to this property. The Public Works Department has reviewed the proposed design and although vehicle maneuvering to the proposed tandem garage is less than optimal, there is sufficient area for vehicles to use the garage and cars can use the paved area in the front yard to turn around to exit the site in a forward direction. The granting of the applicant's request is consistent with the intent of the General Plan and Zoning Code to provide a safe and livable community by providing a path forward to resolving this longstanding code enforcement issue. Therefore, staff recommends that the Planning Commission approve Variance No VA2011 -011 based on the discussion and facts above and the recommended conditions of approval that have been incorporated into the attached Resolution (Attachment PC1). Alternatives The Planning Commission can consider approving a modified project with a larger setback or it can deny the application. A larger setback would necessitate removal of a portion of the rear of the building and should the depth of the garage be reduced below 35 feet, two parking spaces would be compromised making the site deficient. Application denial would allow the applicant to modify the structure to provide a 15 -foot encroachment as approved by MD2010 -007; however, additional parking would be necessary to support the additional unit. Another option if the Variance is denied could result in the demolition of the structure and reconstruction of the existing garage to provide required parking for the original residence. ' Prior to annexation, the County of Orange Zoning Code required a 25 -foot rear yard setback and accessory structures, such as garages and carports, were allowed to be located within the rear setback area. Upon annexation to the City of Newport Beach in 2007, the provision for detached accessory structures to be located within the rear setback area was not included within the City Zoning Ordinance. Voyer Variance January 19, 2012 Page 7 Environmental Review The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). The exemption includes the construction of a second dwelling in a residential zone, necessary utility connections, and accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: --�W C °'^"P � "I James Campbell, Principal Planner ATTACHMENTS by: /1 PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant's justification statement PC 3 Project plans Deputy Director Attachment PC 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2011 -011 TO ALLOW A DETACHED RESIDENTIAL BUILDING TO ENCROACH 20 FEET WITHIN THE REQUIRED 25 -FOOT REAR YARD SETBACK AT 20442 SANTA ANA AVENUE (PA2011 -212) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dunn Voyer, with respect to the property located at 20442 Santa Avenue, and legally described legally described as TR 456, LOT 6, POR OF LOT requesting approval of a Variance No. VA2011 -011. 2. The applicant proposes a variance to allow an existing residential building constructed without the benefit of permits to encroach 20 feet into the required 25 -foot rear setback area. 3. On July 22, 2010, the Planning Commission approved Modification Permit No. MD 2010 -007 allowing a portion of the existing unpermitted building to encroach 15 -feet within the the required 25 -foot rear setback area. The applicant has abandoned the project approved pursuant to MD2010 -007 due to financial reasons. 4. The Land Use Element of the General Plan designates the site RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre. 5. The property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family residential uses. 6. The subject property is not located within the coastal zone. 7. A public hearing was held on January 19, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). The exemption includes the construction of a second dwelling in a residential zone, necessary utility connections, and accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Planning Commission Resolution No. SECTION 3. REQUIRED FINDINGS. 2 of 8 In accordance with Section 20.52.090.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The subject property is zoned RMD(1000) and is rectangular in shape, 140 feet in depth and approximately 7,000 square feet in size. The majority of lots within the identical zoning classification are approximately 290 feet in depth. A -2. The front and rear setbacks (20 and 25 feet, respectively) comprise 32% of the project site lot. These setbacks comprise only 15.5% of the majority of lots identically zoned. A -3. The existing residence occupies including the existing front yard occupies 53.6% of the overall lot. Findinq: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: B -1. Strict compliance with the rear setback standard given the unique circumstances identified in the facts that support the Finding A above significantly limits the ability of the property owner to provide more than one unit on the property depriving a substantial property right provided by the multi - family designation. B -2. Other properties in the vicinity with the identical zoning designation [RMD(1000)] enjoy the privilege of providing more than one unit on their properties consistent with the multiple unit land use designation. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Planning Commission Resolution No. Facts in Support of Finding: 3 of 8 C -1. The project site is designated for multiple unit residential by the General Plan and the Zoning Ordinance. The granting of the Variance would allow the existing construction to proceed allowing an additional unit on the property, a substantial property right, enjoyed by properties identically Zoned while avoiding the expense of eliminating the existing construction entirely. C -2. To provide a larger setback, a portion of the rear of the two -story building would need to be removed and should the depth of the garage be reduced below 35 feet, two parking spaces would be compromised making the site deficient. Increasing the setback would not provide significant benefits to future occupants of the proposed development or abutting properties given the design of the proposed project and orientation of existing construction on abutting lots. Finding: D. That the granting of the Variance 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: D -1. The granting of the Variance would not constitute a special privilege inconsistent with the limitations upon other properties Zoned RMD(1000) as it allows the property owner to maintain parity (multi - family use) with the development of other lots in the vicinity. D -2. The granting of the Variance does not relieve the requirement to obtain required Building Permits and any corrective work deemed necessary by the Building Official. Finding: E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: E -1. The abutting property to the rear is developed with a two -story, single - family residence and is not oriented toward the proposed project. The abutting residence is located at a higher grade than the subject property by approximately 3 feet. The side yard elevation of the abutting residence that faces the proposed project has only one second level window that faces the project. The window is frosted and does not appear to be in a bedroom or active living area. No privacy issues are anticipated with respect to this property. E -2. The side of an existing 2 -story apartment building is located to the north and second floor bedroom windows will be in close proximity to one another and the buildings will Planning Commission Resolution No. am- be approximately 9 to 10 feet apart and given this separation, no significant privacy impact is expected. E -3 The lot to the south is developed with several single -story residential buildings and the project provides a side yard setback of slightly over 7 feet. These two factors avoid any significant impacts to this property. E -4 The Public Works Department has reviewed the proposed design and although vehicle maneuvering to the proposed tandem garage is not optimal, there is sufficient area for vehicles to use the garage and cars can use the paved area in the front yard to turn around to exit the site in a forward direction. E -5 The approval of this Variance is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes and to correct and complete the project diligently thereby eliminating a potential hazard to the area. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: F -1. The subject property is designated by the Land Use Element of the General Plan RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre which would allow a maximum of 6 units on the property. Approval of the Variance will facilitate a total of 2 units at the property, well below the maximum density allowed. F -2. The subject property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family residential uses. Approval of the Variance will facilitate a total of 2 units at the property, well below the maximum density allowed. F -3. The purpose of setback standards is to provide adequate separation of buildings for light, access and ventilation. The granting of the Variance will necessitate 5 -foot setbacks to the north and east and a 7 -foot setback to the west. Adequate separation from these adjoining properties will be maintained consistent with the intent of the Zoning Code. F -4. The subject property is not located within a specific plan area Planning Commission Resolution No. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 5 of 8 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2011 -011, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 19TH DAY OF JANUARY, 2012. FWAY0.91 NOES: BY: Michael Toerge, Chairman 1:171 Fred Ameri, Secretary Planning Commission Resolution No. EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING .. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (Except as modified by applicable conditions of approval). 2. Variance No. VA2011 -011 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Variance may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 7. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Voyer Variance including, but not limited to, the Variance No. VA2011 -011. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Planning Commission Resolution No. 7 of 8 8. The enclosed 4 -car garage as shown on the approved plans shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be allowed. The garage shall have a minimum interior width and depth of 19 feet and 37 feet respectively, unless reduced to meet minimum fire or sound transmission ratings in accordance with Condition Nos. 12 and 13. 9. The use of the new residential building shall be limited to one (1) dwelling unit and it shall not be modified or otherwise altered to increase the number of units. A restrictive covenant, approved as to form and content by the City Attorney, restricting the new residential building to (1) dwelling unit shall be recorded prior to the issuance of a Building Permit. Building 10. The applicant is required to obtain all applicable permits from the Building Division of the Community Development Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The applicant shall file for the necessary permits within 60 -days from the effective date of this permit. The applicant shall diligently correct and complete the construction in accordance with the approved plans. 11. Existing undocumented and unpermitted construction shall be included within the proposed plans and said plans shall comply with current adopted codes. 12. Full, not partial, 1 -hour rated construction shall be provided between the garage and dwelling unit. 13. Sound transmission construction details and specifications between the garage and dwelling unit shall be provided on the plans and the details and specifications shall comply with current adopted codes. Fire 14. An automatic sprinkler system shall be installed in accordance with Section 903.3 of the California Fire Code and the sprinkler system shall be provided and maintained throughout the proposed new building (Group R fire area). Public Works 15. All on -site drainage shall comply with the latest City Water Quality requirements. Bottomless trench drains shall be installed on the private -side of the property line across the width of driveway to retain non -storm on -site runoff on -site. 16. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 17. All improvements shall comply with the City's sight distance requirement (See City Standard 110 -L.) Planning Commission Resolution No. :. 18. Each unit shall be served with individual gas and electrical service connection and shall maintain separate meters for utilities if required by service providers. 19. Each unit shall be served by its individual water service /meter and sewer lateral /cleanout if required by service providers. 20. Water service is provided by the Irvine Ranch Water District and sewer service is provided by the Costa Mesa Sanitary District. Work shall be performed in accordance with agency standards, requirements, and permitting /procedures. 21. The Santa Ana Avenue public right -of -way is within the County of Orange's jurisdiction. An approved County of Orange Public Works encroachment permit is required for all work activities within the public right -of -way. 22. The driveway, as proposed, shall be constructed and maintained free of barriers, such as trees, planters, etc. to allow vehicles to turn around on -site and exist the site in a forward- facing direction onto Santa Ana Avenue. 23. The existing air conditioning condenser unit located near the southeast corner of the existing residence shall be removed or relocated outside the minimum necessary vehicle maneuvering area (as determined by the City Traffic Engineer) for the proposed 4 -car tandem garage. The removal or relocation of the air conditioning condenser shall be accomplished (with proper permits and inspection) prior to the issuance of a certificate of occupancy for the proposed new construction. Attachment PC 2 December 12, 2011 To: City ofNewport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA. 92663 Prom: Dunn Voyer 20442 Santa Ana Avenue Newport Beach, CA. 92663 Re: Request for Variance at 20442 Santa Ana Avenue to allow a residential building setback to encroach 20 feet into the required 25 -foot rear yard setback. Description of subject property; The property is surrounded by all tenant occupied multi- family residences. To the North is a tenant occupied 26 -unit apartment building. To the South is a tenant occupied triplex. Across the street to the West is the outside perimeter fence of the Santa Ana Country Club. The East, rear, is a single unit that is part of a five unit PUD and only has one window that faces the subject property. The window is an opaque staircase window with. no privacy issues. The Eastern abutting property is elevated 3 feet higher than the subject property and has an existing 5- foot rear setback separated by a 6 foot tall fence. On the title report the subject property is listed as a SFR but in fact has been a three tenant occupied unit multi - family residential since 1955. The subject property had been under the County of Orange's jurisdiction until 1988 when the City of Newport Beach annexed [lie property. The owner filed and received approval for Modification Permit M.D2010- 007 and was approved for three units and a 15 foot encroachment into the 25 foot setback on August 5, 2010. The proposed Variance would reduce the property density from three units to two units and maintain the 5 foot rear setback that it has maintained since 1955. Justification and Findings 1. There are special or unique r_ircwnstanees or conditions applicable to subject (e.g. location, shape, size, surrounding, topography, or other physical features) that do apply generally to other properties in tine vicinity under an identical zoning classification; The granting of the Variance is necessary clue to practical co_ust.raints associated with the property and the strict application of tine zoning Code results nu physical hardslnips that are nca!;ns�istent: with the purpose a +id illte' t o'f the zoning code. a. The depth and size of the lot (50'x1z10'and 7,003 square-, feet respectively) when combined with the front and rear setbacks (20 and 25 feet respectively) significantly limits available area for construction. b. The site is designated for multi - family residential use and the strict application of setback standards along with parking requirements and height limits effectively restricts the ability of the property owner to develop multi- family residential uses consistent with the general plan. 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under and identical zoning classification; An encroachment of 20 feet into the required 25 -foot rear yard setback is compatible with existing development in the neighborhood when comparing setbacks within the general vicinity and the closest abutting residential building at 20452 Savanna Lane, which is two story and is located 5 'feet from the intervening property line, and is built on a grade that is approximately 3 feet higher than tiv, grade of the project site. This two- story, single -Unit residential building has only one frosted window in the elevation that faces the project site; therefore, reducing the rear yard setback on the subject property by 20 feet world be compatible with the surrounding multi- family residential development. 3. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; An encroachment of 20 feet into the required 25 -foot rear yard setback is necessary for the projects property owner to preserve the existing residential structure at the front of the property and provide the adequate 4 -car enclosed parking required for two units on the subject property. The granting of the variance allows the owner the preservation and enjoyment of substantial property rights shared by the surrounding neighborhood. 4. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; Approval of the Variance allowing a 20 400t encroachment within the required 2546ot rear yard setback allows relief from standards which will eliminate an existing Zoning and Building Code violation without significantly affecting [lie use and enjoyment of abutting and surrounding properties. he existing 10 -foot separation between the proposed 1 -unit building and 20452 Savanna Lane has sufficient separation for light, air and privacy of future residents of the project site and abutting propertics. 5. Granting of the Variance will not bcs detrimental to the harmonious and orderly growth ol'the City, of r:.ndaugerr jeopaidizc" or otherwise cons[itute a htrzcrd to the r public couvcauence, healtl'i, ud.rest, rai�ety, ol � general welrare of lies >ons icsiding or working in the neighborhood; and Granting of the Variance will not alter or change the character the surrounding neighborhood and the lesser density of having only two units on a property that is zoned for more than compensates for the eneroachineut into the rear yard setback. This project provides sufficient separation for light, air and privacy of firture residents of the project site and abutting properties and does not affect the use and enjoyment of adjacent properties. 6. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Approval of the Variance will not be in conflict with the intent of the General Plan because the proposed two unit project's density and open space provided is well below the surrounding properties which are zoned for multi - family residences. This relief in density lessons the impact imposed on the adjacent properties and is in character for the surrounding area which was annex by the City of Newport Beach from the County of County of Orange in 2008. Respectfully submitted, Dunn Voyer Attachment PC 3 +9,Lva 107d FIR'VN ,LO &f077d SgoG-t7lZ 0 �ggz6 a� 'r��a�9 1Nodm3N 8tP9Z � OVO °C;laV38 NOIDNUM H w ooss — M M � �I�pM�I [�J� In �p p�pp�p �n1M p (� p (gip *aN 90r -,ca affMITM �%f%' b`Nb` b`1Nb'S Z'b'�PJZ v V a ���PO�'"' aN V u aCJ� a cJIIVmyq H Uc�J /L M xi SAN o NNno 8L� 3HS 3ULL SE.M00SSe V 8DWHA or AHIONUL H7V0S.Ca NdlP7fQ A�] 3bV® ®VSVfl��I ' ®M 0 (Y- 61 Q Q 61 X cq ii u; ii ii ii ii ii Z q } N Q q (j) (j) cp (j) (j) cp (j) U U N r m r cp X r N z m (Y p q z o u! 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