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HomeMy WebLinkAbout1573 - APPROVE VA AND MD_300 LARKSPUR AVERESOLUTION NO. 1573 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2002 -006 AND MODIFICATION PERMIT NO. 2002-083 FOR PROPERTY LOCATED AT 300 LARKSPUR AVENUE (PA2002 -151) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Andrew Goetz, agent for the property owners, Jay Rifkin and Tom Goble, with respect to property located at 300 Larkspur Avenue and described as Lot 2 in Block 238 of Corona del Mar Tract, requesting approval of Variance No. 2002 -006 to exceed the 1,188 square-foot floor area by 593 square feet, and Modification Permit No. 2002 -083 to allow a 7 -foot encroachment into the 10 -foot rear yard (roof eaves an additional 18 inches), in order to construct a new single - family dwelling within Corona del Mar. Section 2. Public hearings were held on September 19, 2002 and October 3, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at these meetings. Section 3. The Planning Commission finds as follows: a) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. The lot size is atypical of other lots in the area and is not located on an alley. The strict application of the setback standards would reduce the buildable area to a very small size that would result in a structure that is not typical of the neighborhood. If the lot were combined with the adjacent lot to the east, the dwelling proposed by the applicant would be similar to the surrounding properties located on similar parcels. b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. With the granting of the Variance to exceed the maximum floor area by 593 square feet the applicant would be able to construct a dwelling that is similar in design and lot coverage to other surrounding properties. c) That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. The project as proposed by the applicant will result in a structure that is similar to and consistent with other dwellings in the area. Further, a similar Variance and Modification Permit have been granted for a similar adjacent parcel. Planning Commission Resolution No. 1573 Paee 2 of 4 d) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The property is designated for two family residential use and the granting of the Variance would not increase the density beyond what is planned for the area thereby avoiding additional traffic, parking or demand for other services. Granting the request for the increase in floor area 593 square feet will not be detrimental to the surrounding neighborhood and will result in a structure that is similar to surrounding dwellings with respect to bulk and design. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: The setbacks as proposed would result in the development of the site to be similar to other properties and will result in a structure that is similar to and compatible with other residential structures in the area since the 10 -foot rear setback is not required for other lots in the neighborhood and the size and configuration of the subject parcel is not typical of other lots in the vicinity. In addition, the rear lot line acts as a side yard between the subject property and the property located to the east -- the proposed 3 -foot rear lot line results in a total 6 -foot separation between the proposed dwelling and the dwelling to the east, a distance that is typical of separation between residences in the area. f) The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed development. g) That public improvements may be required of the developer pursuant to Section 20.1.040 of the Municipal Code. h) The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single- family residence in a residential zone). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -006 and Modification Permit No. 2002 -083, subject to the Conditions set forth in Exhibit "A." Planning Commission Resolution No. 1573 Page 3 of 4 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF OCTOBER 2002. AYES: Toerge, Ag_ajanian, McDaniel, Kiser, Selich, Tucker EXCUSED: Gifford Planning Commission Resolution No. 1573 Paee 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL Variance No. 2002 -006 & Modification Permit No. 2002 -083 The development shall be in substantial conformance with the approved plot plan, floor plan, elevations and preliminary grading plan dated August 1, 2002, with the exception of any revisions required by the following conditions. 2. Variance No. 2002 -006 and Modification Permit No. 2002 -083 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 6. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 8. Applicant shall obtain a Certificate of Compliance prior to the issuance of a Building Permit. 9. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 10. The plans shall be revised so that all portions of the structure and the roof elements comply fully with Chapter 20.65 (Height Limits) of the Zoning Code. 11. The plans shall be revised so that a garage door is included across both parking spaces and a portion of the northeast carport wall is opened approximately eight feet in order to classify the easternmost parking space as a carport.