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HomeMy WebLinkAbout1711 - APPROVE VA_212 CRYSTAL AVERESOLUTION NO. 1711 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2006 -001 ALLOWING THE FLOOR AREA TO EXCEED THE 1.5 FAR LIMITATION FOR PROPERTY LOCATED AT 212 CRYSTAL AVENUE (PA 2006 -046) WHEREAS, an application was filed by Len Bekemeyer & Associates, on behalf of Mr. Bob McCloskey, property owner, with respect to property located at 212 Crystal Avenue, and legally described as the Lot 7, Block 5, Section 5 of the Balboa Island Tract, requesting approval of a variance to allow additions and alterations to an existing single - family residence which will exceed the maximum permitted 1.5 Floor Area Ratio (FAR) limitation of the site; and WHEREAS, a public hearing was held on January 4, 2007 in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the property is designated Two - Family Residential (RT) by the 2006 General Plan Land Use Element and zoned R -1.5 (Two - Family Residential). The proposed addition and alterations to an existing single - family residence is consistent with these designations; and WHEREAS, Chapter 20.91 of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a variance; and WHEREAS, such findings and facts in support of such findings are as follows: 1. Finding: That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. Facts in Support of Finding: The shape and location of the lot are not typical of the other lots in the area in that the strict application of the setback standards, in combination with the diagonal orientation of the alley right -of -way adjacent to the rear lot line, results in a disproportionately greater setback area than on other lots in the vicinity and disproportionably reduces the buildable area of the subject site as compared to other lots in the block and district. 2. Finding: That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: Without the granting of the variance to increase the permitted floor area, the property owner could not construct a residence on the City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 5 property similar to and consistent with what the development regulations permit on other lots in the area. As previously discussed, the application of the 5 -foot alley setback to the diagonally oriented rear lot line results a disproportionately reduced buildable area with a floor area to land area ratio of 1.0. Therefore, granting approval of the application is necessary for the preservation and enjoyment of a substantial property right by allowing the applicant to enjoy the same 1.02 floor area to land area ratio enjoyed by others. 3. Finding: That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: The proposed project would result in a structure that is similar to and consistent with what the development regulations permit on other lots in the area. The resulting gross floor area of approximately 2,457.9 square feet (1.02 floor area to land area ratio) is comparable to the floor to land area ratio allowed in the vicinity. Therefore, the granting of the variance to the floor area required is not the granting of a special privilege to the property owner not enjoyed by other property owners in the vicinity. 4. Finding: That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: The granting of the variance for floor area would not allow a new structure or increased density that is incompatible with existing improvements in the area. The plans provide two off - street parking spaces, which are important as there is minimal on- street parking in the area. Additionally, the amount of floor area requested would not result in structure height or setbacks less than required. The plan provides the required 3 -foot side yard setbacks adjacent to existing residences and improves maneuverability and circulation through the alley by providing a conforming 5 -foot alley setback to the garage, rather than the existing non - conforming 3 -foot 4 -inch alley setback. For these reasons, the project can be viewed as not being detrimental to the neighborhood. WHEREAS, the proposed project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the implementing Guidelines of the California Environmental Quality Act as the project is an addition to an existing structure and is located on a developed site with no environmentally significant resources present; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. 2006 -01, subject to the Conditions set forth in Exhibit "A." City of Newport Beach Planning Commission Resolution No. _ Pape 3 of 5 Section 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 4th DAY OF JANUARY 2007. AYES: Eaton, Peotter. Hawkins and Cole NOES: McDaniel and Toerge ABSENT: None City of Newport Beach Planning Commission Resolution No. _ Paqe 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 2006 -001 STANDARD CONDITIONS 1. The development shall be in substantial conformance with the approved site plan, floor plan, and elevations stamped with the date of this meeting, except as noted in the following conditions. 2. The garage shall remain clear of obstructions and remain available for the parking of two operable, registered vehicles at all times. The garage shall serve the residential unit and shall maintain clear interior dimensions in conformance with the Zoning Code. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 5. All public improvements shall be constructed, if required, in accordance with applicable Ordinances and the Public Works Department requirements. 6. An encroachment permit shall be processed through the Public Works Department for all work within the public right -of -way. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 8. This approval was based on the particulars of the individual case and does not in and of itself, or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 9. Variance No. 2006 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. PROJECT SPECIFIC CONDITIONS 10. With the exception of the FAR variance granted by the approval, the project shall comply with all other development standards applicable to the R1.5 zoning district. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 5 11. The structure shall not exceed a maximum of 2,658 total gross square feet. 12. California Coastal Commission approval shall be obtained prior to the issuance of building permits.