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HomeMy WebLinkAbout2010-92 - Cliff Drive EncroachmentsRESOLUTION NO. 2010 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENTS OF AN EXISTING OUTDOOR ROOM AND EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD SETBACKS (PA2009 -149). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Antonio Cagnolo owner of property located at 2949 Cliff Drive, legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 1. The applicant proposed the following permanent encroachments into required setbacks: • A 10- foot -10- inch -high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3- inch -high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 2. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 3. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed Antonio Cagnolo with the Planning Department. 4. The Planning Commission held a public hearing on May 20, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Zoning Administrator's decision and denied Modification Permit No. MD2009 -030. 5. A public hearing was held on July 27, 2010, 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. City Council Resolution No. 2010 -92 Paae 2 of 2 Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 3. FINDINGS. The City Council finds as follows: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. A previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area. The existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. There are no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The appealed action and the requested modification would not be compatible with existing development in the neighborhood, as similar encroachments do not exist. The rear yard encroachment is currently adjacent to a vacant lot and could create incompatibility with future development of the vacant lot such as the construction of a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single - family dwellings than the zoning requirements intend to create and that currently exist in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby deny the Appeal and affirms the Planning Commission's denial of Modification Permit No. MD2009 -030. ADOPTED THIS 27th DAY OF JULY, 2010. 4 /�/ / /� � MAYOR Iq 0 CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -92 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2010. Leilani I. Brown City Clerk Newport Beach, California (Seal)