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HomeMy WebLinkAboutMD2001-0070 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (949) 644-3200 MODIFICATION PERMIT February 5, 2001 Mr. Zack Mazraani 400 Morning Star Lane Newport Beach, CA 92663 Application No: PDA2001-008 for MOD2001-007 Applicant: Zack Mazraani Address of Property Involved: 400 Morning Star Lane Legal Description: Lot No. 160, Tract No. 1224 Approved as Requested: To allow, in conjunction with the construction of a single family dwelling, a chimney to encroach 2 feet into the required 6 foot front yard setback. Also included in the application is a request to allow the construction of a second floor cantilevered balcony to encroach Z feet into the 6 foot required front yard setback. The balcony measures 15 feet wide. Dear Mr. Mazraani: The Modifications Committee, on January 31, 2001, voted 3 ayes and 0 noes to approve the application request based on the following findings and subject to the following conditions. FINDINGS: The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Single Family Detached" residential use and the residential structure under construction is consistent with this designation. 3300 Newport Boulevard, Newport Beach February 5, 2001 Page - 2 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reasons: • The chimney encroachment is not as deep or as wide as allowable chimney encroachments on lots that require a deeper front setback. • The minor cantilevered balcony encroachment into the front setback is only 15 feet in width. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: • The balcony railings are open wrought iron that will minimize any detrimental effect. • The proposed front yard setback encroachments are minor in nature. 5. The proposed front yard encroachments will not affect the flow of air or light to adjoining residential properties because: • The encroachments are located at the street side of the property and do not result in any increase in the shadow cast by the proposed building. 6. The proposed front yard encroachment will not obstruct views from adjoining residential properties because: • The encroachments are located at the street side of the property. The views enjoyed by the properties on the block are generally on the opposite side of the property on the water side and are not impacted by the proposed encroachments. CONDITIONS: 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. February 5, 2001 Page - 3 2. 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. 3. The chimney and balcony encroachments shall extend no more than 2 feet beyond the face of the building and shall maintain a minimum front yard setback of 4-feet from face of finish to the front property line. A building permit shall be obtained prior to commencement of the construction. 5. All work performed within the public right of way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement if required. 6. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of 714.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By Javie S. Garcia, AICP, Senior Planner Chairperson JSG:hn Attachments: Vicinity Map cc: Zack Mazraani 1743 S. Douglass, Suite G Anahiem, CA 92806 Appeared property owner in Opposition: None Mr. & Mrs. Paul Kamin 400 Morning Star Lane Newport Beach, CA 92660 0 VICINITY MAP PDA2001-008 for MOD 2001-007 )041AV /- 66 8` CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 PART I: Cover Page Application: Modification Permit NOAR),;,Wi b~ ^ Accepted by: Project Common Name (if applicable):FEES: y37 APPLICANT (Print): RAZRAAnM/A[j CONTACT PERSON (if different): :PAr,1k 0A,1,XAAAj;&_ Mailing Address: /7¢ 3 N 00061 JA cf m~cy 2 9Q CC ACK RD #6 Mailing Address: _~A Phone: (fly )U5-1400 Fax (714) 931 (0391 Phone:( ) Fax ( ) Property Owner (if different from above): CIL V TM t/ M,fs A C49V6;aA C- 4.441 in1, _, Mailing Address: ¢OD M©.PAlIAY S 22+9 CAJ cA1V &V Z!00ei f Phone: (fq y qyJ 24 17 Fax PROJECT ADDRESS:41- DO MD KO;t1 r S IP,YL l.N. Project Description and justification (describe briefly) , t &t U 0 C CID N 4 KZ-4 can n n W O IA. LikE )l-hE ~'~ !_C~ ~Q A- Sj~cowj)( Efo aez DE[fc ~ /" ~EvAsria ~l -/-V ^f&)6CT 2¢" /A172 Zl/e!~ 4' 659t.1i91EW SF' ci PROPERTY OWNER'S AFFIDAVIT (I) (We) . ~A 4UE A'A/ tC KA A4/ A! depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the infor nation herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. DAM Signature(s) JAN 12 2001 t btAC 1 NOTE: An aW A t~~~e owner if written authorization from the record owner is filed with the application. Work to be done: 4 r9 1 F G- A 21VD GCo c2 QE-r r~ k 7 ~ c,o2 ~il e-60I CE ?~Gf _~ w! y ~y A r. j R.. LL~r7F~ 2 x741 S T!3 A ck . Existing Nonconformities: Proposed Nonconformities: Present Use:Proposed Use:Zone: Code Requirement Existing Proposed Front setback (tom '! D 1D~ Riuht side setback f, ' Left side setback &S'5.~ Rear setback C 'd Main building area 57247 f z Garage area d 4 4 Cs Z Open space Parking Maces 2- Building height 2 3.51 23-S 1 2 3.V Previous Modifications, Use Permits, Variances, etc.: 2 Eo N LE Legal Description of Property Involved (if too long, attach separate sheet) L o 7` ZgAC-T 12-7-d= DO NOT COMPLETE APPLICATION BELOW THIS LINE, FOR PLANNING DEPT. USE ONLY: Indicate Previous Modification Permits, Use Permits, Variances, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: 1 2 0 f Fee Pd: Receipt No: gj wl Date Deemed Complete: Hearing Date: Posting Date: - ! - o Modifications Committee Action: 1- 31-aeal (Date) Planning Director Action Date P.C. Hearing Date C.C. Hearing L'\USERS\PLN\SHARED\ FORMS\ MODAPL.DOC Appeal P.C. Action Appeal C.C. Action 0 0 PUBLIC NOTICE • PDA2001-008for MOD2001-007 Notice is hereby given that Zack Mazraani, property owner, has requested a Modification of the Zoning Ordinance to allow, in conjunction with the construction of a single family dwelling, a chimney to encroach 2 feet into the required 6 foot front yard setback. Also included in the application is a request to allow the construction of a second floor cantilevered balcony to encroach 2 feet into the 6 foot required front yard setback. The balcony measures 15 feet wide. The property is located in the R- 1-B District. Property located at: 400 Morning Star Lane This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. A public hearing will be held by the Modifications Committee at 3:00 p.m. on Wednesday, January 31, 2001, in the City Council Chambers, City Hall, 3300 Newport Boulevard. All interested persons will be heard and all correspondence read at that time. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, at, or prior to, the public hearing. For further information contact the Newport Beach Planning Department, Current Plans and Projects Division, (949) 644-3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. *------------------------- MetroScan / Orange Owner :Kamin Paul/Jac quie CoOwner Site :400 Morning Star Ln Newport Beach 92660 Mail :400 Morning Star Ln Newport Beach Ca 92660 Xfered :08/28/1995 Doc # :372213 Price Deed :Interspousal LoanAmt Loan VestTyp :Joint Tenant IntTy Lender LandUse :122 Res,Single Family Residential Legal :N TR 4224 LOT 160 Census :Tract:630.10 Bedrooms :4 Bathrooms :2.00 Total Rms :8 Air Cond :No Heating Block:I Bldg SgFt :1,903 Stories :1 Fireplace Garage Type :Attached Pool :No ---------------------------* Pall :117 721 10 Land :$741,413 Struct :$179,042 Other Total :$920,455 Exempt Type 8 Imprv :19 8 Owned :100 TaxArea :07045 00-01 Tx :$9,306.44 Phone :949-722-6669 MapGrid :889 C6 YearBuilt :1964 Lot Acres :.14 Lot SgFt :6,000 Units Spa The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 0091S Jasel slagel ssaippy ®AU3AW Qd 0 • RICHARD A LANNI MARK E KRUGMAN TR JILL T JONES PO BOX 7062 1036 POLARIS DR PO BOX 7146 NEWPORT BEACH CA 92658 NEWPORT BEACH CA 92660 ALHAMBRA CA 91802 NORMAN L JEZEWAK GLENN E HEMMERLE PAUL D KAMIN 2010 MAIN ST 310 404 MORNING STAR LN 400 MONRNING STAR LN IRVINE CA 92614 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 BRADFORD J PILZ BRUCE E FRIEDMAN DOVER SHORES COMMUNITY 324 MORNING STAR LN 320 MORNING STAR LN PO BOX 4708 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 IRVINE CA 92616 PATRICK F CADIGAN TR FRANCIS W SULLIVAN TR ERNEST OHLIG TR 323 MORNING STAR LN 333 MORNING STAR LN 401 MORNING STAR LN NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 DOVER SHORES COMMUNITY ASSOC WILLIAM F & NAN SMITH BAHMAN BAKHTAR %VILLAGEWAY MGMT CO 405 MORNING STAR LN PO BOX 15181 ATTN HOLLY BULLOCK NEWPORT BEACH CA 92660 SANTA ANA CA 92735 PO BOX 4708 IRVINE CA 92716 ZACK MAZRAANI 1743 S DOUGLASS RD #G ANAHEIM CA 92806 0091S aol a3eldwal ash p D A ), Oo I - U os ~s7 MO D i-0o f - 00 -7