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HomeMy WebLinkAboutZA2014-033 - MODIFICATION TO ENCROACH 12 INCHES INTO FRONT SETBACK. - 715 Patolita Dr RESOLUTION NO. ZA2014-033 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2014-007 TO ALLOW A GARAGE ADDITION THAT ENCROACHES SIX (6) INCHES INTO THE REQUIRED 15-FOOT FRONT SETBACK FOR PROPERTY LOCATED AT 715 PATOLITA DRIVE (PA2014-105) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Minyard, property owner, with respect to property located at 715 Patolita Drive, and legally described as Lot 74 in Tract No. 1700 requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a garage addition to encroach six (6) inches into the required 15-foot front setback in conjunction with a remodel and 369-square-foot bedroom addition to an existing single-family dwelling. The dwelling is currently nonconforming due to parking because the interior of the garage measures 19 feet 6 inches by 20 feet 9 inches, where a minimum 20-foot by 20-foot dimension is required. The proposed setback encroachment will result in a conforming interior parking dimension. 3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-A). 5. A public hearing was held on August 28, 2014, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This exemption consists of additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures Zoning Administrator Resolution No. ZA2014-033 Page 2of6 before the addition or 2,500 square feet, whichever is less. The proposed scope of work is to add 380 square feet to an existing 2,168-square-foot dwelling, or approximately 17.5 percent of the existing floor area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1 . The neighborhood is comprised of a development pattern of single-story, single-family dwellings. 2. The proposed addition and setback encroachment at the ground level of an existing single-story, single-family dwelling will result in a residence that is compatible in bulk and scale with others in the Irvine Terrace community. 3. Variance No. 179 approved in 1954 and Variance Nos. 209 and 238 approved in 1955 (Codified on Setback Map No. S-9A) established staggered front setbacks along Patolita Drive and at nearby properties for the purpose of allowing more interesting and pleasing architectural development. The property is subject to a 15-foot front setback where neighboring properties have front setbacks ranging between ten (10) and twenty (20) feet. A six (6) inch encroachment will leave a minimum distance of 14 feet 6 inches to the front property line which is compatible with nearby properties. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use. Facts in Support of Finding: 1 . The granting of the Modification Permit will provide for conforming parking dimensions and allow a reasonable addition to an existing dwelling that was in compliance with off- street parking standards in effect at the time of construction in 1955 and until the Zoning Code update in 2010. 2. The dwelling was designed with an attached garage that provides the minimum front setback required. The existing garage measures 19 feet 6 inches by 20 feet 9 inches. Expanding the garage an additional six (6) inches into the front setback is necessary Zoning Administrator Resolution No. ZA2014-033 Page 3 of 6 to meet the required 20-foot by 20-foot minimum interior parking dimension without physically altering the interior of the existing structure. 3. The proposed addition and encroachment at the front yard would maintain the minimum 4-foot side setback and the dwelling will continue to comply with the height limit, open volume, and residential design criteria as required by the Zoning Code. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: 1. The intent of the proposal is to provide conforming parking and to allow for a reasonably sized addition to the existing dwelling. 2. A strict application of the code would require that the garage be expanded into the kitchen in order to maintain the 15-foot front setback. The removal and relocation of the wall separating the garage from the kitchen creates a physical and practical difficulty because the wall is load-bearing (for both vertical loads and lateral bracing). Repositioning the wall would require a new footing which impacts the building foundation as well as the interior living area, considerably increasing the current scope of work. 3. Providing an additional six (6) inches at the interior of the dwelling presents a physical hardship that outweighs any tangible benefits to neighboring properties, particularly since the neighborhood maintains variable front setbacks. Finding D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Without this approval the applicant would be required to relocate a load-bearing wall, provide a new footing, and reconfigure the existing kitchen to allow for the garage expansion which involves extensive remodeling above and beyond the current scope of work. 2. Should the setback encroachment be denied, the Zoning Administrator may instead consider allowing an addition in excess of 10 percent of the existing floor area of the structure pursuant to Section 20.52.050 (Modification Permits). Approval of the addition would preserve the 15-foot front setback established for the property while Zoning Administrator Resolution No. ZA2014-033 Page 4 of 6 retaining nonconforming parking dimensions. Future additions to the property will continue to be limited to 10 percent of the existing floor area of the structure pursuant to Section 20.38.060 (Nonconforming Parking) unless a larger addition is otherwise approved through a new or amended modification permit. Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The proposed setback encroachment is the minimum necessary to achieve the minimum required parking dimensions and will not be detrimental to surrounding owners or occupants due to the design of the subdivision which established staggered front setbacks ranging between ten (10) and twenty (20) feet. The location of the encroachment is approximately 14 feet 6 inches back from the street and will maintain the 4-foot required side setback. 2. The applicant/owner is required to obtain a building permit. The construction will then be inspected prior to final of building permits. 3. The existing development on the property is a single-family dwelling. As such, there is no change to the density or intensity as a result of the addition. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2014-007, 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 (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF AUGUST, 2014. Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2014-033 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The garage encroachment shall maintain 14 feet 6 inches to the front property line. 4. This Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or is materially injurious to property or improvements in the vicinity, or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Modification Permit or the processing of a new modification permit. 6. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 9. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 10. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of Zoning Administrator Resolution No. ZA2014-033 Page 6 of 6 time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 11. 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 Minyard Residence Modification including, but not limited to, MD2014-007 (PA2014-105). 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. PUBLIC WORKS 12. The existing driveway shall be plugged per City Standard STD-165-L. 13. The new driveway approach shall be installed pursuant to City Standard STD-163-L. Additional grading on-site may be required to accommodate the new driveway approach. 14. The existing gas meter shall be relocated onto private property. 15. A new sewer cleanout shall be installed on the existing sewer lateral pursuant to City Standard STD-406-L. 16. An encroachment permit is required for all work activities within the public right-of-way. 17. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Inspector. 18. Parking within the driveway shall be prohibited.