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HARTMAN
BALDWIN
design/build
2626 Cove street -Project Description and Findings
February 25,2019
Project Description:
The proposed project requests the approval to exceed the 24-foot for a flat roof/guardrail by a total
height of 2' -5". The approval would allow owner to use an existing 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 is 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 established grade. The established grade was determined by an average of the grade at
the (4) cone rs of the property. The proposed glass guardrail of 42" tall would would only project 7"
above an existing gable roof ridge and it would still be 12" lower than a current large brick chimney on
the existing roof deck.
1. 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
generall y to other properties in the vicinity under an identical zonin g classification;
• The subject property is approximately 2,100 sf in area with a minimal slope.-=R=te
f}fO p e 1 ty leeks eutdoor sp ace tor enjoym~mt tAat focus on the sou ti 1e1 n ocea n v ie·-N5,.
The property is situated on a flat lot at bottom of bluff. Typical lots in this area have
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extreme grade changes that allow for terracing of building and allowing for multiple ,h ,· 4S , S
outdoor decks for recreational use. ,._:, 'S~Y'ldaf'd
The east property line of the home abuts to the Fern Leaf Ave public right of way. There ·
is only a 3' setback from 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, the proximity to the street and public activity in
this area doesn't afford them any sense of privacy and public separation. The only
outdoor recreational area is to the rear yard of the property (North) without any views
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to the south.
• The granting of the variance would allow the Property Owners to access 345 sf of "0)" \ de
private outdoor meditation space on a portion of thei r existing roof area. The upper ·J '{Y\0 rr
level deck will not affect privacy for abutting properties and will not alter views from de .\-c\i \
any properties line of view to the north and up the fern leaf bluff.
100 West Foothill Blvd ., Claremont , CA 91711 T 909.670 .1344 F 909.621.9987 www.HartmanBaldwin.com
2. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other pro perties in the vicinity and under and iden tical zaoi ng__
classification;
• 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
• While researching variances applications and approvals on record over the past
\i\ ()..,\ ()..\\c.D}:, ~~ '(\c)\-' 15 years, the height variance proposals have been granted in most cases to
allow properties on the bluff with extreme topogra phy conditions to gr~tly
(;{e~Ye_. ~{l.(e;~\<:,-b..;-y exceed the 24-foot. These properties thus get to experience multiple outdoor
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\ living areas that consists of a large square footage spaces of outdoor enjoyment.
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3. Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant;
• Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights, as the proposed project allows development for outdoor
open air space on the constrained site. ~ WV\'( C-QY\~~ra,~d
limitations on other ·es in the vicinity and in the same zoning district;
• While researching variances approvals we have found instances where the height
variance had been granted in a 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 and this
particular roof deck had dining seating, pool and outdoor bbq & bar areas.
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·\o'<-=, 1. • 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 only 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 12" lower than a current
large brick chimney on the existing roof deck.
5. 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;
• The proposed height encroachment will not adversely impact view of adjoining CS (\(J'\e.5
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 ,..;, M\ e,i\t\, D\ \s
north of property. (see graphic site section Al.1)
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The new guardrail and circular staircase do not encroach over the field of view that
is currently clipped by the existing allowed roof ridge and brick chimney.
6. Granting of the Variance will not conflict with the intent and purpose of this Section, this Zoning
Code, the General Plan, or any applicable specific plan
• The zoning code provides the flexibility in application of land use and development
regulations through the variance review process to allow for an increase to 28 -foot
from the allowed 24'foot.
• The subject property is not located in a specific plan area.
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The project also will require a Costal Develo pment Per m it app roval. The project request is to utilize an
existing flat roof deck 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 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.
Thank you for your time & consideration,
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Patrick Szurpicki
626-975-0103