The URL can be used to link to this page

Home My WebLink About3.0 - Miller Residence Grade Establishment - PA2015-120 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 20, 2015 Meeting Agenda Item No. 3 SUBJECT: Miller Residence Grade Establishment Appeal - (PA2015-120) 1608 West Ocean Front Appeal to Planning Commission APPLICANT/OWNER: Jeff and Holly Miller PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY An appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single-family residence. The applicant artificially filled in the front yard and is seeking to use the raised elevation points for purposes of determining height. The applicant seeks to construct a new single-family residence utilizing an average grade of 12.31 feet (NAVD 88 datum) rather than 11.27 feet (NAVD 88 datum) as established by the Community Development Director. RECOMMENDATION 1) Conduct a de novo public hearing; and 2) Adopt Resolution No. denying the applicant's Appeal to Planning Commission and upholding the Community Development Director's establishment of grade (Attachment No. PC 1). August 22, 2013, Planning Commission Meeting The Planning Commission voted to continue the project to August 20, 2015, to allow for appropriate procedures in accordance with Chapter 20.64 (Appeals) of the Zoning Code. Refer to the August 4, 2015, staff report packet for the complete analysis and recommendation. Public Correspondence The appellant provided a color copy of an exhibit that was originally provided in black and white and distributed to the Planning Commission as additional correspondence received on August 4, 2015. The color copy is now attached for consideration as Attachment No. PC 1. Miller Residence Grade Determination Appeal Planning Commission, August 20, 2015 Page 2 An additional comment letter of opposition was submitted by Louse Fundenberg on August 10, 2015 (Attachment No. PC 2). A total of three letters of opposition have been received from the public in addition to one comment letter from the applicant. Public Notice This item was continued to a date certain in the Planning Commission minutes from August 6, 2015. Notice for the August 6, 2015, 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 upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: r Maka6a N a Br ECP, Deputy Director Associate Planner GR/mkn ATTACHMENTS PC 1 Appellant's Exhibit in Color PC 2 Public Correspondence 2 Attachment No. PC 1 Appellant's Exhibit in Color 3 �� QP �� P P�" O� �� \�� logo - j , e .1 1111111w- IIIumUlmullt - k -. .. � _igOs e VcN> •.. �c.RS N'.Oaan Parr "r'^--'c �rvo)�rmrt ... r, ,.,:. '....4- all CT,m 24a_MJ&HT. __________ _ t eI ,-•(501E WA0.DV iLF 1 IR31' -niJnU+"m nuNl in•f 16th STREET (F_)Conc.anardwalk(typimp 1616 W.Ocean Front 1612 W.Oce.n Front 1610 W.Ocean Front T1608 W.Ocean Front(SUBJECT PROPER4r 16D6 W.Ocean Front Ib04 W.Oeean Front 1600 W.Ocean Front al Established Average N.G.=12$1' +'-1 4� 'CO O C, 1i W d � U OCEAN FRONT ELEVATION (PLAN Al 118"=1'-0" o established average N.G. = 12,31' a, 3 — 00 O z e 5 _ �I _ � 3Q;D'NA%.IiT. � :{:12 rN(610¢•IIP.) ��' I xl 29 A60{'E 00�glY. O wY. _ 1{'ABOVE WARDa'ALK � I I I I I I I I I S ,1. 16th STREET o,i 1616 W.Ocean Front 1612 W.Ocean PmM t610 W.Oman Front 608 W.Ocean Front(SUSJECr PROPER i 1606 W.Ocean Front 1604 W.Ocean Fmnt 1600 W.Ocean Front Established Average N.G.=11.2T o E E ymy y v OCEAN FRONT ELEVATION (PLAN Bl established average N.G. = 11.27' w 3v G� QP ��- �,P �� P ��O �� Attachment No. PC 2 Public Correspondence �� QP �� P P�" O� �� \�� Nova, Makana From: Louise Fundenberg <pier2pier@yahoo.com> Sent: Monday, August 10, 2015 2:25 PM To: Nova, Makana Subject: Letter to Makana Nova Follow Up Flag: Follow up Flag Status: Flagged > Dear Planning Commission: > I am writing you to ask that you do not grant a grade/height variance for 1608 West Ocean Front Newport Beach CA 92663. >They put in three feet of dirt to raise the grade and now want to measure from the new grade for the height of the house they want to build.This is just a way to get around the height codes and set back codes. > If this is allowed to happen it will be happening all over Newport Beach. It is unfair to the neighbors on both sides of such a property. It cuts out light and air to the neighbors in the area. >Thank you for the work you do for us in Newport Beach. >Sincerely, Louise Fundenberg >808 West Balboa Blvd. Newport Beach CA 92661. >949-673-5981 >Sent from my iPad i 9 iv p Planning Commissi6Lt- uddst 20, 2015 Item No. 3a: AdditionaT(Moteri1als Received Miller Residence Grade Establishment AAfff�l2(I�2015-120) 8/6/15 Cs� DEVELOPMENT O.Z TO: City Clerk of Newport Beach, California, OP MEWPOFo FROM: Concerned neighbor of 1608 West Oceanfront RE: Protest against granting an increase in the allowable height for 1608 West Oceanfront Project file#: PA2015-120 Activity No: AIC2015005 Applicant: Jeff and Holly Miller We,the below signed neighbor of 1608 West Oceanfront, wish to protest the appeal effort of the Millers to obtain a higher grade elevation than determined by tFle Corni-nunity Development Director of Newport Beach. We ask that you reject the appeal and abide by the decision of the Community Development Director and in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single family resident. The appeal, if granted, would set an undesirable and potentially damaging precedent. Our home is within 50 feet of the lot line of 1608 West Oceanfront. We are property owners and have been #ong time residents of this neighborhood. Please distribute this letter to the Planning Commission and enter it into the PUBLIC RECORD in connection with the application and the hearing. We thank you for your attention to this very important matter for our community. -- -- - - --------- James Niemiec Toni Niemiec 1611 West�t 'gAviock.- g\-\)� Newport Beach Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - AUGUST 20, 2015 Attachments: 1608 W Oceanfront Rendering.jpg PLANNING COMMISSION —AUGUST 20, 2015 ITEM NO. 3b: ADDITIONAL MATERIALS RECEIVED MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL (PA2015-120) From: Jeff Miller [mailto:millerja3 sbcglobal.net] Sent: Tuesday, August 18, 2015 8:59 AM To: Nova, Makana Cc: Walt Bushman Subject: 1608 W. Oceanfront Good morning Makana, As a follow-up to my phone call yesterday, my daughter's high school started up last week and I found out over the weekend that her first Cross Country meet along with the teams family BBQ and gathering is on Thursday the 20th as well. If it is ok with you along with the Planning Commission, I would like to request that we move this item to the September 3rd Agenda so I may attend my daughters school function - please advise if this would be acceptable to the Planning Commission. Also, attached please find a modeled rendering of the proposed design in conjunction with neighbors for your reference. Best Regards, Jeff Miller i Planning Commission — August 20, 2015 ` Item No. 3b: Additional Materials Received Miller Residence Grade Establishmet Appeal (PA2015-12Q ♦- - w - f I - l