HomeMy WebLinkAboutPA2022-0172_20220817_Project Description470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983
Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design
Variance Request – 700 W. Ocean Front (Thomas Residence)
Project Description:
Demolish an existing single family residence and construct a new 3‐story 2,782 square foot single family
residence with an attached 526 square foot 2‐car garage. The application also includes a request for a
reduced rear yard setback from the code required 10‐foot setback to a 4‐foot setback.
Variance Justification
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
generally to other properties in the vicinity under an identical zoning classification;
The subject property at 700 W. Ocean Front was originally subdivided in 1904 and oriented east towards
7th Street. Subsequently, this lot and the one at 704 were reoriented to face West Ocean Front, creating
a side yard condition at the “rear” of the property next to 105 7th Street (see Exhibit B). This created a
unique condition requiring the necessity for vehicular access from the side yard at 7th Street which is
different than the majority of properties in the vicinity that have alley access (see Exhibit A).
2.Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under and identical zoning
classification;
The current 10’‐0” rear yard setback is not a typical setback for R‐1 properties on the peninsula where
typical lots’ rear setbacks range from 0’‐0” to 5’‐0”. In addition, the property immediately to the west
was granted a Variance to build to within 3’‐0” of the rear property line (see Exhibit B). Strict application
of current Zoning Code requirements results in a rear yard setback greater than and a floor area limit
lower than other properties in the vicinity which would deprive the subject property of a privilege
enjoyed by others within an identical zoning classification.
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470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983
Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design
3.Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant;
Strict compliance with current Zoning Code requirements results in an incompatible FAR for the lot
when compared with other lots in the immediate vicinity (see Exhibit C) and therefore the granting of a
variance to the rear yard setback is necessary for the preservation and enjoyment of substantial
property rights of the property owner. In addition, other properties in the vicinity with the same zoning
have been granted variances to their setbacks.
4.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;
The granting of this variance will provide this property with the same privileges that are enjoyed by
other properties in the vicinity. The 10‐foot Code required rear setback, in addition to the 8‐foot front
setback, disproportionately impacts the property owner’s ability to develop the property.
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 granting of the Variance to the rear yard setback 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.
6.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.
Granting this Variance will not be in conflict with the intent and purpose of the Zoning Code, the General
Plan, or any applicable specific plan.
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