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HomeMy WebLinkAbout20200619_ApplicationPA2020-116 Community Development Department Planning Permit Application 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Permit - 0 Waiver for De Minim is Development O Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major O Minor D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I 1521 sy&,v1JJr ~4~b / Af'N CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportf A~~:m,,bdevelopment D Staff Approval D Tract Map D Traffic Study D Use Permit -□Minor □Conditional D Amendment to existing Use Permit ~Variance 0 Amendment -□Code □PC □GP □LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): 15/Hi kWA-c1-f6/") l)G.JUU PT?W 4. Applicant/Company Name I f<.A-~P /3fll)c.¥--#Jtf U J I Mailing Address I I t;Z,.-/ Sy t,,v I JI--L,,A-tV6 I Suite/Unit ';::=:==========' City I NlflU Po /4--t /36'4-CH-I State I CA--I Zip Ir Z-~Gb I Phone 1<?4-1'. 7DI. b4''-'h I Fax1 -I Email Ir-~/~ t9 5/ti(t le,,.P.1st... I C,011,1 I 5. Contact/Company Name l@/U.,,, COf5 / 15/~ ~PB Ot,S/b1/ I Mailing Address I ZO I ~ Z--@A "fV/ lf'W A-Y6 I Suite/Unit ';:=:=========~I City I IJ li"W po,i,, 13 f;)4CH-I State I CA-I Zip I 'f ~ 6 I Phone I '1f1 1 ~14-'4-66~, Fax ~I ---~' Email lh1/fe()fe4es-1JA<i2.5bC.f(o/t'Al,n4t-- 6. Owner Name ,__I /2.4-;:::l,f-==========/3:::::::::::::::::::::::::::-:=:::J:.~========================.-------;:::===========il Mailing Address I l{i Z-/ SY l-VI A-l,A-,y{T I Suite/Unit ';:=:==========I City I 1'/6J{J foti, IJ§)tl-CA+ State I CA-I Zip I ri-uo I Phonel~+r, 1ol•~4-6bl Fax1 ---I Emai1lr~ftDSM1le-f-tSh,coM I 7. Property Owner's Affidavit*: (I) (We) I RAJE !JJwe/l--t/t}VS I 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 information herewith submitted are in al aspects true and correct to the best of (my) (our) knowledge and belief. Signature(s): Title: I OW }-I 6/t--I Date: I '!I 'f /uzo I -----'=..;.::.::...+--1?--:..._--""-;:::._----.,L-~DD/M~EAR Signature(s): _____________ Title: ~I ________ ~I Date: I *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________ PA2020-116 1-521 Sylvia Lane Project Description and Justification 1. The applicant proposes to construct single-story additions to an existing single-story residence that total 1475 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. 2. 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). 3. The subject property is not located within the coastal zone. In accordance with Section 20.52.090.F (Justifications and Findings) of the Newport Beach Municipal Code, the following findings in support of a variance are set forth: 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. 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. PA2020-116 B. That strict compliance with Zoning Code requiremen'ts would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. 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. 3. 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. 4. 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. C. That the granting of the Variance is necessary for the preseNation and enjoyment of substantial property rights of the applicant. 1. Prior to 2010, legal nonconforming properties were allowed to construct additions in line with existing structures maintaining nonconforming side setbacks. The approval of this Variance is necessary to preserve the owner's rights to expand their property consistently with other nonconforming properties in the area because it is the only vehicle to do so. 2. Expansion of the subject property using the updated 6 foot side setbacks would not allow the same room proportions afforded the other nonconforming properties in the area prior to the 2010 Zoning Code update. The approval of this Variance is necessary to preserve the owner's enjoyment of the rights to expand like others with similar conditions have done for the past 10 years. 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. 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. PA2020-116 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. 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. 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 facade. 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. 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. 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.