HomeMy WebLinkAbout4.0_Pemstein_Minor_Use_Permit_Variance_PA2010-173CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 5, 2011 Meeting
Agenda Item 4
SUBJECT: Pemstein Residence Minor Use Permit and Variance - (PA2010 -173)
2430 Holiday Road
• Minor Use Permit No. UP2010 -040
• Variance No. VA2011- 005
APPLICANT: Harold Pemstein
PLANNER: Erin M. Steffen, Planning Technician
(949) 644 -3234, Esteffen @newportbeachca.gov
PROJECT SUMMARY
A minor use permit to allow for the retention of an as -built second dwelling unit converted
to a senior accessory dwelling (granny) unit and two related variances to allow for 1) the
construction of a garage addition to encroach 2 feet into the easterly 10 -foot side setback
and 2) to retain an as -built 8 -foot high wall that encroaches into the 10 -foot required
easterly side setback.
The application also includes nine (9) other variance requests to allow for the retention of
the following as -built structures:
1. An 8 -foot high arbor with a footprint of 48 square feet that encroaches 13 feet into the
15 -foot front setback, where the Zoning Code limits the height of such structures to 9
feet and a maximum footprint of 16 square feet.
2. An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the
westerly 10 -foot side setback, where the Zoning Code limits the height of such
structures to 9 feet and a maximum footprint of 16 square feet.
3. An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the
10 -foot rear setback, where the Zoning Code limits the height of such structures to 9
feet and a maximum footprint of 16 square feet.
4. An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the
easterly 10 -foot side setback, where the Zoning Code limits the height of such
structures to 9 feet and a maximum footprint of 16 square feet.
5. A 55 -inch high brick wall that encroaches 5 feet into 15 -foot front setback, where the
Zoning Code limits the maximum permitted height to 42 inches.
Pemstein Residence Minor Use Permit and Variance
May 5, 2011
Page 2
An 8 -foot high wall that encroaches 10 feet into the westerly 10 -foot side setback,
where the Zoning Code limits the maximum permitted height to 6 feet.
An 8 -foot high wall that encroaches 10 feet into the 10 -foot rear setback, where the
Zoning Code limits the maximum permitted height to 6 feet.
8. An 8 -foot 3 -inch high fireplace that encroaches 8 feet into the westerly 10 -foot side
setback, where the Zoning Code limits the maximum permitted height to 6 feet.
9. A 129- square -foot (footprint of 148 square feet under roof), 11 -foot 4 -inch high storage
building that encroaches 5 feet into both the 10 -foot easterly side setback and 10 -foot
rear setback, where the Zoning Code limits the maximum permitted height to 6 feet.
The application also indicates the existence of an 8 -foot high arbor with a footprint of 48
square feet that encroaches into the required front and easterly side setback, where the
Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16
square feet. The applicant has indicated that this arbor will be removed. Therefore, it is not
included in the variance request.
RECOMMENDATION
Staff is requesting that the Planning Commission continue this item to May 19, 2011, so
that further analysis and concerns can be addressed.
Prepared by:
Erin Steffen, Pla in Technician
Submitted by:
J mes Campbell, Acting fanning Director
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