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2626 Cove street -Project Description and Costa! Commission Findings
Jan 9th, 2020
Project Description:
The proposed project requests the approval to exceed the 24-foot for a flat roof/guardrail by a total
height of 42". The approval would allow the property owner to use an existing flat roof deck as a
morning meditation area for their personal use and enjoyment. The existing roof area that is being
requested to be transformed into a roof top deck area only consists of 28% of the existing 1200 sf of
total roof area. The majority of the existing roof area consists of a steep pitch gable roof with an existing
ridge line that is 26-foot from the established grade. The established grade was determined by an
average of the grade at the (4) comers of the property. The points were established from a whole site
topographic survey conducted June 26 th 2019. The proposed glass guardrail of 42" tall would would only
project 7" above an existing gable roof ridge and it would still be 14" lower than a current large brick
chimney on the existing roof deck.
1. The granting of the modification is necessary due to practical difficulties associated with the
property and that the strict application of the Implementation Plan results in physical
hardships;
• An overwhelming constraint of parcel is that the east property line of the home abuts to
the Fern Leaf Ave public right of way. There is only a 3' setback from the current home
to the property line. The home owner does maintain a portion of landscaping of the city
public right of way and has outdoor furniture located in this area. However, Fern leaf
Ave is a subject to a constant flow of foot traffic throughout the day. The steep incline
and graciously wide staircase from the beach up to Ocean Blvd is a local attraction to
fitness connoisseurs and mom stroller clubs. The consistent activity of the street level
outdoor space does not promote privacy and a quiet retreat location for daily
meditation.
• The only other outdoor recreational area is to the rear yard of the property (North) that
is landlocked with adjacent homes and does not offer views to the south ocean view.
• The granting of the variance would allow the Property Owners to access 345 sf of
private outdoor meditation space on a portion of their existing roof area.
• The project request would give the client an opportunity to create private outdoor
balcony space that offers them the enjoyment of views and privacy off the public street
front.
100 West Foothill Blvd., Claremont, CA 91711 T 909.670.1344 F 909.621.9987 www.HartmanBaldwin.com
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2. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district;
• The exception to the height limit will allow the home owner adequate outdoor
enjoyment space of their property.
• Granting the variance is necessary for the preservation and enjoyment of views
that are a substantial property right in this neighborhood
• The granting of this variance would allow compatibility with other properties on
the bluff that have secured approval of deck surfaces that exceed the zoning
requirement of 24'.
• While researching variances approvals we have found instances where the
height variance had been granted in one case of exceeding 4 foot 6 inches over
the 24-foot allowed. We have also found a recent instance in Nov 9, 2017 where
portions of the deck guardrail were approved at 14-foot above the 24-foot
allowed. The approved roof deck had dining seating, pool and outdoor bbq &
bar areas.
• Attached Exhibit C shows a 2012 project that best expresses the current
proposals compatibility with homes within a 500' radius. This project at 2733
Shell street was granted permits to remove a portion of gable roof to add a new
3'' floor deck. This property has the same corner lot site constraints, flat lot, &
building configuration with the lower level garage, 2 floors of living space above
and a 3'' floor roof deck. The project uses a mixture of roof parapet walls and
glass to fulfill the 42" code compliant guardrail.
• We conducted additional design options which followed the zoning height code
to allow pitched roofs to extend up to 29' tall. Attached exhibit View lb,2b & 3b
show a mansard solid roof that would act as a guardrail. The mansard design
would not require us to submit for a variance. Exhibit View la,2a & 3a show the
same view with the proposed glass railing design. We sent out a design review
package to 18 homeowners in a 500' radius of the project that showed the 2
designs, Option A Glass Rail & Option B Mansard Roof. We asked for comments
on the proposed design. We received 4 returned packages signed in support of
Option A Glass Rail. (see attached copies)
• The homeowner has chosen the path of a Variance to achieve minimal
obstruction of views while providing a seamless solution that is more fitting with
the beach architecture. The homeowner and design team feel the Mansard Roof
solution is undesirable, obtrusive and does not fit the architecture of the home
or the aesthetic of the China Cove community. The Mansard solution would also
require an extensive construction project timeline. In contrast, the glass
guardrails will be manufactured offsite and be installed in a 1 to 2-day
construction time frame.
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• The subject property is approximately 2,100 sf in area with a minimal slope.
Typical lots in this area have extreme grade changes that allow for terracing of
building and the opportunity for multiple outdoor decks for recreational use.
Heights on sloping lots are measured not from the actual land surface, but from
a series of "planes" that approximate it. The assigned grade planes, which are
somewhat arbitrary and do a rather poor job of approximating the true ground
surface. Height variances well over 4' are historically granted on sloping lots
allowing balconies, guardrails and livable area to extend well over the 24' for
flat low sloop roofing.
• The project request would give the client an opportunity to create private
outdoor balcony space that offers them the same enjoyment of views and
privacy off the public street front that homeowners on the bluff are granted.
3. The modification or variance complies with the findings required to approve o coastal
development permit in Section 21.52.0lS{F);
• The proposal Conforms to all applicable sections of the certified Local Coastal Program;
• The proposal Conforms with the public access and public recreation policies of Chapter
3 of the Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
4. The modification or variance will not result in development that blocks or significantly
impedes public access to and along the sea or shoreline and to coastal parks, trails, or
coastal bluffs;
• The proposal will not result in an impediment of public access; the proposal, in
entirety, occurs on private property above street level.
5. The modification or variance will not result in development that blocks or significantly
impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic
coastal areas;
• The proposal request for this property would commandeer an existing 345 sf roof
deck and add a spiral access staircase and glass guardrail that would exceed the 24-
foot height limit by 2 foot 5 inches. The requested height would only project 7"
above an existing gable roof ridge and it would still be 14" lower than a current
large brick chimney on the existing roof deck.
• The upper level deck will not affect privacy for the abutting properties and will not
alter the line of view of properties to the north and up the fern leaf bluff. Adjacent
to the north of the of the existing flat roof area consists of a steep pitch gable roof
and a large brick chimney. The existing ridge line is at 26-foot from the established
grade, thus 3' feet above the roof area proposed to be acquired as a roof deck. The
brick 3' x 8' chimney rises 56" over the existing flat roof area. These two existing
building elements visually shield the proposed roof deck area from view from
houses on the bluff to the north west.
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• The proposed height encroachment will not adversely impact view of adjoining
properties or Ocean View Boulevard. The clear glass guardrail does not fall within
the field of view from any of the adjoining properties or public clear vistas to the
north of property.
• The new glass guardrail and circular staircase do not encroach over the field of view
that is currently clipped by the existing roof ridge and brick chimney.
• See support document Al.1 for view diagrams and site images
6. The modification or variance will not result in development that has an adverse effect, either
individually or cumulatively, on coastal resources; including wetlands, sensitive habitat,
vegetation, or wildlife species; and
• The project request is to utilize an existing flat roof deck above the existing 2"' floor
as a new open-air personal meditation area. The request would not require major
construction and will require no building demolition. The guardrail will be mounted
to solid blocking members that were already provided in a 2012 roof remodel. The
new stair spiral staircase and glass guardrails will be manufactured offsite and be
installed in a 1-2 day construction time frame.
7. The granting of the modification or variance will not be contrary to, or in conflict with, the
purpose of this Implementation Plan, nor to the opp/icable policies of the certified local
Coostol Program.
• The Local Coastal Program provides the flexibility increase in building height of more
than ten (10) percent without an Costa I development application. The proposal
request is for an increase of 7" over the existing gable roof height.
• The Costa I development application is set forth because of the zoning variance
proposal and not the particular construction scope of work
Thank you for your time & consideration.
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Patric
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626-915-0103