HomeMy WebLinkAbout07_Way Residence Modification Permit_PA2018-193CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 25, 2018
Agenda Item No. 7
SUBJECT: Way Residence (PA2018-193)
Modification Permit No. MD2018-006
SITE LOCATION: 1608 Ruth Lane
APPLICANT: Scott Way
OWNER: Scott Way
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RS-D (Single-Unit Residential Detached)
Zoning District: R-1-6000 (Single-Unit residential)
PROJECT SUMMARY
The proposed project is a 440-square-foot second floor addition and first floor remodel to an
existing nonconforming 2,714-square-foot single family residence. The structure is
nonconforming because the existing residence projects a maximum of nine inches into the
required six-foot left side yard setback. The request for a modificaiton permit is necceasry
to allow the the proposed second floor to encroach a maximum of three inches into the left
side yard setback, consistent with the nonconforming first floor.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No.
MD2018-006 (Attachment No. ZA 1).
DISCUSSION
The subject property is located in the Dover Shores/Mariner’s neighborhood near
the corner of Dover Drive and Mariners Drive. The property is slightly irregularly
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Way Residence
Zoning Administrator, October 25, 2018
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shaped with dimensions of approximately 76 feet wide by 110 feet deep. The lot
area is 8,394 square feet and relatively flat.
The property is currently developed with a 2,714-square-foot two-story single-
family home with four bedrooms and an attached garage. It was originally
constructed in 1958. The neighborhood is developed with one - and two-story
single-family homes.
Pursuant to NBMC Section 20.52.050 (Modification Permits), a side setback
encroachment up to ten (10) percent deviation from the standard being modified
may be allowed with approval of a modification permit. In this case, the requested
three-inch encroachment is less than a ten percent deviation from the six-foot side
setback standard.
The setback requirements for the property are 20 feet from the front property line
and six feet from side and rear property lines. The existing structure maintains a
left (north) side setback of five feet nine inches to five feet three inches. This
setback was compliant with the Zoning Code at the time of construction. The
structure is therefore legal nonconforming.
The proposed 440-square-foot second-story addition is an increase of
approximately 16 percent of the existing structure. It is located on the left side of
the property and is consistent with the nonconforming first story below, including
the three-inch encroachment into the required six-foot side setback. The addition
will enlarge an existing bedroom and bathroom. Proposed improvements also
include the addition of a second story balcony at the rear of the structure and a
new entryway at the first floor.
The principal purpose of setback standards is to provide adequate separation of
building for light, access and ventilation. In order to comply with the six-foot side
yard setback, additional framing elements would be necessary to properly support
the addition. The walls below may need to be reconstructed or replaced, which
would be a significant increase in the scope and cost of construction , creating a
practical difficulty for property owner. Other than the requested setback
encroachment, the design meets the development standards for lot coverage,
height, parking and residential design criteria.
The five-foot, nine-inch proposed second story setback maintains the intent of the
Zoning Code by providing adequate separation from the adjacent property to
provide light, access and ventilation. Approval of the Modification Permit allows the
applicant to construct a second story addition in line with the nonconforming first
floor below. The addition runs 17 feet nine inches along the left side property line.
However, due to the slightly irregular shape of the lot, only approximately 7 feet of
the addition will encroach into the 6-foot side setback.
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Way Residence
Zoning Administrator, October 25, 2018
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class Class 1 (Existing Facilities) of the CEQA Guidelines. This
exemption includes additions of up to 10,000 square feet where public services and utilities
are available and the area is not considered environmentally sensitive. The proposed project
is a 440-square-foot addition to an existing single-family residence in a developed
neighborhood and is not within an environmentally sensitive area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description and Justification
ZA 4 Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2018-006 TO ALLOW A 3-INCH
ENCROACHMENT INTO A REQUIRED 6-FOOT SIDE SETBACK
AT 1608 RUTH LANE (PA2018-193)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Scott Way (“Owner”), with respect to property located at 1608
Ruth Lane, requesting approval of a modification permit.
2. The property is legally described as Lot 19 of Tract 1645 in Newport Beach.
3. The applicant proposed a 440-square-foot second floor addition and first floor remodel to
an existing nonconforming 2,714-square-foot single family residence. The structure is
nonconforming because the existing residence projects a maximum of 9 inches into the
required 6-foot left side yard setback. The request for a modificaiton permit is necceasry
to allow the the proposed second floor to encroach a maximum of 3 inches into the left
side yard setback, consistent with the nonconforming first floor.
4. The subject property is designated RS-D (Single-Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1-6000 (Single-Unit
Residential) Zoning District.
5. The subject property is not located within the coastal zone.
6. A public hearing was held on October 25, 2018, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is 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 (CEQA) under Class 1 (Existing Facilities), because
it has no potential to have a significant effect on the environment.
2. Class 1 exempts additions of up to 10,000 square feet where public services and utilities
are available and the area is not considered environmentally sensitive. The proposed
project is a 440-square-foot addition to an existing single-family residence in a developed
neighborhood and is not within an environmentally sensitive area.
5
Zoning Administrator Resolution No. ZA2018-###
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code (NBMC), 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 one- and two-story single-unit dwellings. The
Modification Permit will allow expansion of the existing two-story, single-unit dwelling,
which is compatible with other properties in the neighborhood.
2. The addition would increase the dwelling by 440 square feet, to enlarge a bedroom and
bathroom on the second floor. With the exception of a three-inch encroachment into the
left side yard setback, the proposed addition will comply with all applicable development
standards including height, parking and site coverage. The proposed addition will not
encroach farther into the side yard setback than the existing legal nonconforming first
floor below.
3. The proposed addition will result in a total floor area of approximately 3,154 square feet
(including the 464-square-foot garage), which is consistent with the bulk and scale of
the other single-unit dwellings within the neighborhood.
4. The existing development on the property is a single -family dwelling and will remain a
single-family dwelling. Therefore, there is no change to the density or intensity as a
result of the proposed remodel and addition.
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 side setback of the existing two-story single-family residence was compliant with
the Newport Beach Zoning Code at the time of construction in 1958. As a result of
amendments to the Zoning Code, the structure’s side setback is substandard in width
and is therefore legal nonconforming.
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Zoning Administrator Resolution No. ZA2018-###
Page 3 of 7
2. Redesigning the addition to comply with the six-foot setback side setback would be
costly and significantly increase the scope of the project in order to gain three additional
inches of separation from the side property line.
3. The granting of the Modification Permit is necessary to allow a reasonable addition to
an existing dwelling that was constructed in compliance with setback standards in effect
at the time of original construction. The home will maintain 5-foot 9-inch setbacks at its
closet point which adequately provides separation from the adjacent property for light
and ventilation.
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 second-story addition is proposed in line with the nonconforming first story below,
which encroaches a maximum of three inches in this location. Redesigning the addition
to comply with the six-foot side setback would require additional framing elements to
properly support the addition, thereby significantly increasing the cost and scope of the
project.
2. The existing nonconforming structure provides a minimum setback of five feet 3 inches
and the proposed addition will provide a minimum setback of five feet 9 inches , only
three inches less than the standard six-foot setback. The setbacks provide adequate
light, air and separation from the neighboring property, therefore fulfilling the intent of
the Zoning Code. Approval of the Modification Permit allows the applicant to construct
a 440-square-foot addition that is consistent with and in line with the setbacks of the
existing structure, which has not proven detrimental to the occupants or neighbors of
the dwelling.
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. The alternative would require that the applicant construct the second -story addition in
compliance with the six-foot side setback. This would require the second story wall to
be off-set from the first story below by up to three inches. This would require significant
changes to the framing and structural design of the addition well beyond the scope of
the small addition.
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Zoning Administrator Resolution No. ZA2018-###
Page 4 of 7
2. The other alternative is to reduce the size of the addition, and only construct the second
story addition above the first story with conforming setbacks. Given the intent of the
project is to provide a larger bedroom and bathroom on the second floor, a redesign will
significantly impact the project and not meet the objectives of the applicant.
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 second-story addition complies with height and site coverage limitations
and provides a five-foot, nine-inch side setback that will provide adequate protection for
light, air, and privacy. The addition will not preclude access to the dwelling and will be
consistent in scale with other dwellings in the neighborhood. The addition runs 17 feet
nine inches along the left side property line. However, due to the slightly irregular shape
of the lot, only approximately 7 feet of the addition will encroach into the 6 -foot side
setback.
2. The existing nonconforming structure has not proven to be detrimental to the occupants
of the property, nearby properties, the neighborhood, or the City.
3. The approval of this Modification Permit is conditioned such that the applicant is required
to obtain all necessary permits in accordance with the Building Code and other
applicable Codes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2018-006, 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 or call for review is filed with
the Community Development Director in accordance with the provisions of Title
(Planning and Zoning), of the Newport Beach Municipal Code.
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Zoning Administrator Resolution No. ZA2018-###
Page 5 of 7
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF OCTOBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2018-###
Page 6 of 7
EXHIBIT “A”
CONDITIONS OF APPROVAL
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. This approval shall expire and become null and void unless exercised within twenty -
hour (24) months from the actual date of review authority approval, except where an
extension of time is approved in compliance with the provisions of Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code.
3. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department, including for existing improvements that were constructed without
the benefit of building permits. 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.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for r evocation of this
modification permit.
6. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
7. 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 coastal
development permit 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 coastal development permit.
8. 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 the current
property owner or agent.
9. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and
similar construction activities shall occur between August 16 and January 31, outside of
the peak nesting period. If such activities must occur inside the peak nesting season from
February 1 to August 15, compliance with the following is required to prevent the taking of
Native Birds pursuant to MBTA:
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Zoning Administrator Resolution No. ZA2018-###
Page 7 of 7
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is
no longer observed. When the nest is no longer active, construction activity can
continue in the nest area.
It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
10. 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 Way Residence including, but not limited to, Modification Permit No. MD2018-
006 (PA2018-193). 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
11. Existing street trees shall be protected in place.
12. Ruth Lane is on the City’s street-cut moratorium list. Any damage to said street will
require moratorium street repair.
13. Reconstruct all damaged/broken concrete curb, gutter and sidewalk per City Standard.
Extent of repair shall be per the Public Works Inspector.
11
Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
Modification Permit No. MD2018-006
PA2018-193
1608 Ruth Lane
Subject Property
13
Attachment No. ZA 3
Project Description and Justification
14
Scott & Lee Way
1608 Ruth LN.
Newport Beach CA 92660
Dear Chelsea,
Just to provide you some additional background, when I first approached the city for approval, I
was actually advised by a city rep to submit my plans with the 3” setback to avoid delays in
getting my permit and then go for the modification afterwards.
In any case, I have answered the below findings to the best of my ability and appreciate your
time and consideration of the following information.
Findings for a modification permit:
1. The requested modification will be compatible with existing development in the neighborhood;
Response: Our design is compatible with existing development in the neighborhood as
multiple nearby similar homes on Ruth Lane have also been renovated similarly over the
years, built from the same original floor plan. All that we plan on extending is the
existing second floor to reach the front of the house, which will be in exact vertical
alignment with the existing, original first floor wall. We are not expanding footprint of
existing first floor wall, nor are we expanding the width of existing second story wall to
protrude beyond lower level structure. Our design does not have an extraordinary,
impeding design of any sort but will in fact be structurally sound.
2. 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;
Response: The unique trait of this property is that the original structure of home was
built unaligned and in deviation from the existing property lines. Essentially, the houses
were built crooked on the lots –a common trait that spans across other homes in the
neighborhood as well. Had the original homes been built in alignment with property
lines, there wouldn’t be a need for a modification permit with our design. Due to the
original existing structure acting as the foundation of our renovation, the 3-inch
modification will allow for structurally sound construction compatible with the existing
structure. Please see plot plan which substantiates this information.
3. 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;
Response: As homeowner, I have worked very hard all my life to finally move my family
to our new home. The transition has already put me in financial strain and has turned
out to be far more expensive than what I planned for. I do not come from wealth nor am
I in any financial position to absorb the multiple financial hardships I will inevitably face
without the modification permit, including:
15
1. Sewer placement for second story bathroom cannot be routed down
the wall without modification permit (added costs to run down another
wall)
2. Additional plumbing material and labor costs
3. Additional labor, material and lumber costs
4. Roofing modifications, labor and design costs
5. Mortgage holding costs due to delays
6. Re-engineering costs
7. Re-design costs
8. Flashing costs
9. Water proofing costs
4. 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; and
Response: There is no other sensible alternative to the structure. We are requesting a
3-inch modification to build atop of the original existing wall that will not impede on our
neighbor’s property. The current existing walls of the first and second story have been
there for over four decades with no issues or complaints.
5. 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.
Response: We safely anticipate the modification will not result in any detriment
whatsoever to the safety or welfare to any occupants, neighbors, neighborhood or city,
nor will it result in any change in density or intensity that would be inconsistent with the
provisions of this Zoning Code. We will commit to upholding the highest standards
during construction.
Thank you for your kind consideration of the above information.
Scott & Lee Way
16
Attachment No. ZA 4
Project Plans
17
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18
PRELIMINARY PLAN: NOT FOR CONSTRUCTION
33'-6"
20'-5"14'-3 1/2"20'
11'
6'
35'6'6'-0.7"6'5'-9"RUTH LN 35'LANDSCAPE
(E) BRICK PATIO
PROPERTY LINE 110' 6' H VINYL FENCE
(E) RESIDENCE
2218 SF
PROPERTY LINE 110' 6' H VINYL FENCE
PROPERTY LINE 77.61'SIDEWALKDRIVEWAY
DRIVEWAY
LANDSCAPE
BRICK PATIO
HARDSCAPE R.Y.S.B. 5'F.Y.S.B.S.Y.S.B. 6'
S.Y.S.B. 6'
ADJACENT RESIDENCE
ADJACENT RESIDENCE
LANDSCAPE
LANDSCAPE
POOL
(UNDER SEPERATE PERMIT)
(E) 2ND FLOOR
400 SF
(N) 2ND FLOOR
440 SF
(N) ENTRY ROOF
SEWER LATERAL
PROPERTY LINE 75.00'NOTE:
POOLS, SPAS, FENCES, WALLS AND OTHER
FREESTANDING ACCESSORY STRUCTURES REQUIRE
SEPERATE REVIEW AND PERMITS
PROTECT EXISTING TREES IN PLACE
6' P.U.E.WAY RESIDENCE1608 RUTH LNNEWPORT BEACH,CA08/01/18
DDRRAAWWIINNGG DDAATTEE::
RREEVVIISSIIOONNSS
8/20/2018
PPAARRCCEELL ((AAPPNN))
117-492-02
SSUUBBMMIITTTTAALL DDAATTEE
9/05/2013
P.C. RESPONSE
7/5/17
P.C. RESPONSE
7/19/17SITE PLANAA 00 ..11
11
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26
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code (NBMC), 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 one- and two-story single-unit dwellings. The
Modification Permit will allow expansion of the existing two-story, single-unit dwelling,
which is compatible with other properties in the neighborhood.
2.The addition would increase the dwelling by 440 square feet, to enlarge a bedroom and
bathroom on the second floor. With the exception of a three-inch encroachment into the
left side yard setback, the proposed addition will comply with all applicable development
standards, including height, parking and site coverage. The proposed addition will not
encroach farther into the side yard setback than the existing legal nonconforming first
floor below.
3.The proposed addition will result in a total floor area of approximately 3,154 square feet
(including the 464-square-foot garage), which is consistent with the bulk and scale of
the other single-unit dwellings within the neighborhood.
4.The existing development on the property is a single -family dwelling and will remain a
single-family dwelling. Therefore, there is no change to the density or intensity as a
result of the proposed remodel and addition.
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 side setback of the existing two-story single-family residence was compliant with
the Newport Beach Zoning Code at the time of construction in 1958. As a result of
amendments to the Zoning Code, the structure’s side setback is substandard in width
and is therefore legal nonconforming.
1.2. The lot has a slight rhombus-like shape and the existing single-family residence
was constructed with side wall alignments that are not parallel with the side property
Zoning Administrator - October 25, 2018
ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED
Way Residence Modification Permit_PA2018-193
lines. Consequently, the structure’s distance from the north property line ranges from
five feet, nine inches to six feet, seven inches.
2.3. Redesigning the addition to comply with the six-foot setback side setback would
be costly and significantly increase the scope of the project in order to gain three
additional inches of separation from the side property line.
3.4. The granting of the Modification Permit is necessary to allow a reasonable
addition to an existing dwelling that was constructed in compliance wit h setback
standards in effect at the time of original construction. The home will maintain five5-foot,
nine9-inch setbacks at its closet point which adequately provides separation from the
adjacent property for light and ventilation .
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. See Fact in Support of Finding B(2).
1.2. The second-story addition is proposed in line with the nonconforming first story
below, which encroaches a maximum of three inches in this location. Redesigning the
addition to comply with the six-foot side setback would require additional framing
elements to properly support the addition, thereby significantly increasing the cost and
scope of the project.
2.3. The existing nonconforming structure provides a minimum setback of five feet, 3
inches and the proposed addition will provide a minimum setback of five feet , nine9
inches, only three inches less than the standard six-foot setback. The setbacks provide
adequate light, air and separation from the neighboring property;, therefore, fulfilling the
intent of the Zoning Code. Approval of the Modification Permit allows the applicant to
construct a 440-square-foot addition that is consistent with and in line with the setbacks
of the existing structure, which has not proven detrimental to the occupant s or neighbors
of the dwelling.
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:
Zoning Administrator - October 25, 2018
ITEM NO. 7a - ADDITIONAL MATERIALS RECEIVED
Way Residence Modification Permit_PA2018-193