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HomeMy WebLinkAbout1961 - VARIANCE FOR 1-FOOT ENCROACHMENT INTO 6-FOOT SIDE SETBACK ON BOTH SIDES OF PROPERTY. - 2024 Beryl Ln RESOLUTION NO. 1961 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-006 FOR A SETBACK ENCROACHMENT LOCATED AT 2024 BERYL LANE (PA2014-159) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael and Michele Rankin, with respect to property located at 2024 Beryl Lane, and legally described as Lot 2 of Tract No. 1805, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 61, Page(s) 40 of Miscellaneous Maps, in the Office of the County Recorder of said County requesting approval of a variance. 2. The applicant proposes to construct single-story additions to an existing single-story residence that total 825 square feet and will encroach 1 foot into the required 6-foot side setbacks on each side of the property. The residence is nonconforming as it is built with 5-foot side setbacks. The proposed construction will be in line with the existing structure along both side property lines. 3. The subject property is located within the Single-Unit Residential (R-1-6,000) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 20, 2014, 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. 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. The Class 1 exemption includes additions to existing structures provided the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet whichever is less. In this case the project is for an 825-square-foot addition to an existing 1,950-square-foot single-family residence. Planning Commission Resolution No. 1961 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of a variance are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The lot is 65.50 feet in width and is within the R-1-6,000 (Single-Unit Residential) Zoning District which requires 6-foot side setback areas. The lot was permitted to be developed with a single-family residence with a side setback of 5 feet in 1957 under jurisdiction of the County of Orange and was subsequently annexed as part of Harbor Highland within the R-1-B Zoning District. The structure is therefore considered legal nonconforming. 2. Properties within this Zoning District were allowed to construct additions in line with structures maintaining existing nonconforming side setbacks from 1964 until 2010 when the comprehensive Zoning Code update occurred. 3. Due to the change in the Zoning Code regulation, the development on the subject property cannot be expanded in the same manner as other properties within the vicinity that expanded prior to 2010. Finding: B. That 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. Facts in Support of Finding: 1. The previous Zoning Code allowed properties within this zone to construct additions in line with the existing structure by right. The current Zoning Code does not provide a provision that allows additions in line with existing nonconforming structures that project into the side yard setback within the R-1-6,000 zoning district. 2. Other properties in the vicinity with nonconforming side setbacks were able to construct additions in line with the existing structure. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. 07-22-2014 Planning Commission Resolution No. 1961 Page 3 of 7 Facts in Support of Finding: 1. The Variance would afford the property owner the right to expand the existing residence consistent with other properties in the neighborhood that have done so in line with existing nonconforming side setback areas. 2. The siting and position of the existing residence on the property limit the property owner's options for expansion as compliance with the 6-foot side setback would require a break in the wall plan that would render expanded rooms less usable. Finding: D. That the 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. Facts in Support of Finding: 1. The granting of the Variance would not constitute a special privilege inconsistent with the limitations upon other properties zoned R-1-6,000 as it allows the property owner to maintain equity with other homes in the neighborhood where additions have occurred. The proposed project is consistent with historic development in the neighborhood. Neighboring homes are nonconforming and many were allowed additions in line with nonconforming setbacks pursuant to previous Zoning Code. 2. The granting of the Variance does not relieve the requirement to obtain required Building Permits and any corrective work deemed necessary by the Building Official. Finding: E. That the 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. Facts in Support of Finding: 1. The design does not significantly affect air and solar access. The proposed addition is a single-story structure which complies with all development standards for the R-1- 6,000 Zoning District including, but not limited to lot coverage, height, and parking. 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. 07-22-2014 Planning Commission Resolution No. 1961 Page 4 of 7 3. The approval of this Variance is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. Finding: 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. Facts in Support of Finding: 1. The principal purpose of setback standards is to provide adequate separation of buildings for light, access and ventilation. The existing building provides 5-foot setbacks at the side property lines. Approval of the Variance will not diminish this setback area as the addition will be in line with the existing structure. Abutting residences also provide minimum 5-foot side setback areas; therefore, there will be 10 feet separating the project and abutting buildings. Adequate separation of the proposed addition from these adjoining properties 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 RS- D (Single-Unit Residential, Detached) and allows detached single-family dwellings. Approval of the Variance will not affect density or intensity of uses. 3. The subject property is zoned R-1-6,000 (Single-Unit Residential), which provides single-family residential uses and 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 approves Variance No. VA2014-006, 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2014. AYES: BROWN, HILLGREN, KOETTING, KRAMER, MYERS, AND TUCKER NOES: 07-22-2014 Planning Commission Resolution No. 1961 Page 5 of 7 ABSTAIN: ABSENT: LAWLER BY: ✓ z Larry Tucker, Chairman BY: � Jai yeis, S creta 07-22-2014 Planning Commission Resolution No. 1961 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development shall be limited to single-story additions only and 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. 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. 4. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 5. 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 Rankin Residence Variance including, but not limited to Variance No. VA2014-006 (PA2014-159). 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 Department 6. No structures shall be permitted within the 5-foot utility easement at the rear of the property unless approved by the easement holders. 07-22-2014 Planning Commission Resolution No. 1961 Page 7 of 7 7. All nonstandard improvements within the Beryl Lane public right-of-way shall be consistent with City Council Policy L-6 and shall require an encroachment permit and agreement. 8. City street trees shall be protected in place unless otherwise approved by the Municipal Operations Department. 07-22-2014