HomeMy WebLinkAbout1980 - VARIANCE TO ENCROACH INTO FRONT SETBACK - 917 Bay Ave W RESOLUTION NO, 1980
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING VARIANCE NO. VA2015-
001 TO ALLOW A SECOND FLOOR DECK TO ENCROACH 2-
FEET INTO THE REQUIRED 10 FOOT FRONT YARD SETBACK
FOR PROPERTY LOCATED AT 917 WEST BAY AVENUE
(PA2015-040)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Theresa Drewry, property owner, with respect to property
located at 917 West Bay Avenue, and legally described as Lot 6 of Tract 1061 in the
County of Orange, State of California, as shown on a map recorded in Book 34, Page 26
of Miscellaneous Maps, in the Office of the County Recorder of said County requesting
approval of a variance.
2. The applicant requests approval of variance to allow the construction of a new
cantilevered second floor deck at an existing residence that will encroach 2 feet into the
required 10-foot front yard setback along West Bay Avenue.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two-Unit Residential — (20.0 —29.99 DU/AC) (RT-E).
5. A public hearing was held on April 23, 2015, in the Council Chambers 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 Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the
following findings are set forth:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
Planning Commission Resolution No. 1980
Page 2 of 4
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
1. The subject property is a typical 35-foot by 90-foot lot that is flat, rectangular in shape,
and has no distinguishing features from the other Two-Unit Residential (R-2)
properties in the immediate vicinity. The zoning has historically R-2. This finding for
approval cannot be made.
B. 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;
1. Although there are several other home along this block of West Bay Avenue that have
balconies or decks that encroach into the front setback only one received discretionary
approval (modification permit) to formally allow a front yard deck encroachment. The
others are considered legal non-conforming. When reconstructed all homes will be
required to comply with all applicable setback and development standards. This finding
for approval cannot be made.
C. Granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
1 . The scope of the project could be altered to move the second floor wall back an
additional 2 feet thereby allowing for a deck with a depth of 5 feet. Or, the a 3-foot
wide deck could be built to provide light and air into the second floor with a smaller
outdoor living space. Therefore, granting of variance is not necessary for the
preservation of and enjoyment of substantial property rights. This finding for approval
cannot be made.
D. 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;
1. Although several decks along West Bay Avenue encroach in the front yard setback
there are several that comply. Additionally, only one of the decks received
discretionary approval to deviate from the required setback. The others are considered
legal non-conforming. Therefore, granting the requested variance could constitute a
special privilege. This finding for approval cannot be made.
E. 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; and
1 . The location and design of the deck would not significantly affect air and solar access
to any adjoining property. Additionally, the deck would be reviewed by the building
division for compliance with building codes to ensure the deck is safe for use.
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Planning Commission Resolution No. 1980
Page 3 of 4
2. The overall design, based upon the proposed plans, meets residential design criteria
provided within Section 20.48.180.B.2 (Design Criteria) by avoiding long unarticulated
walls, providing architectural treatment of all elevations, and emphasizing the entry
and window elements at the front fagade.
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.
1. The principal purpose of setback standards is to provide adequate separation of
buildings for light, access and ventilation. Approval of the variance will not significantly
diminish this setback area due to the open design of the deck. Additionally the deck
would maintain an 8-foot setback for the front property line and the first floor would
maintain the required 10-foot setback. These distances will provide separation of the
proposed addition from the public right of way and will be maintained consistent with
the intent of the Zoning Code.
2. The subject property is designated by the Land Use Element of the General Plan RT
(Two-Unit Residential, Detached) and allows for two units on the subject property.
Approval of the Variance will not affect density or intensity of uses.
3. The subject property is zoned R-2 (Two-Unit Residential), which allows single and two
unit residential uses. Approval of the Variance will not affect density or intensity of
uses.
4. The subject property is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Variance No.
VA2015-001 because findings A, B, C, and D cannot be made.
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 23 ND DAY OF APRIL, 2015.
AYES: BROWN, HILLGREN, LAWLER AND TUCKER
NOES: KRAMER
ABSTAIN:
ABSENT: KOETTING AND MYERS
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Planning Commission Resolution No. 1980
Page 4 of 4
BY: rte'
Larry Tucker, Chairman
BY:—
ay yrs Set#
04-24-2013