HomeMy WebLinkAboutPA2022-0172_20221006_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.
The maximum floor area limitation is 3,128 square feet without the reduced rear yard setback and 3,536
square feet with the proposed reduced rear yard set back. The total proposed floor area including
garage is 3,308 square feet.
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 to meet the
city required on‐site parking requirement. This is different than the majority of properties in the vicinity
in that most have alley access (see Exhibit A), while the subject property does not have an alley for
vehicular access nor does it have street access on the other three sides of the property.
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 property owner to build a house that
is similar and compatible in design, bulk, and scale with the development of other lots in the vicinity
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 in that the requested maximum floor area of 3,536 square feet would
result in a FAR of 1.32. This would be consistent with and lower than other properties in the vicinity and
within the same zone as shown on Exhibit C. 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 existing house does not offer off‐street parking. The granting of the variance will allow the
proposed project to provide two off‐street plus a golf cart parking to meet city’s code requirement and
help alleviate street parking demand in the neighborhood. Furthermore, the granting of the Variance to
the rear yard setback will not increase the density beyond what is planned for the area, will not result in
additional traffic, and will not impact the flow of air and light to adjoining properties.
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.
The granting of this Variance is consistent with the intent of the General Plan, Zoning Code, and Coastal
Land Use Plan as it would not increase the density beyond what is planned for the area, will not impact
the designated public views, is compatible with the neighborhood, and consistent with general side yard
setback requirements in the area.
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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
COASTAL DEVELOPMENT CONSIDERATIONS:
1. Whether or not the development is consistent with the certified Local Coastal Program to the
maximum extent feasible.
The proposed development is consistent with the certified Local Coastal Program in that the proposed
building envelope is consistent with the applicable coastal development standards and does not
increase the density beyond what is planned for the area.
2. Whether or not there are feasible alternatives that would provide greater consistency with the
certified Local Coastal Program and/or that are more protective of coastal resources.
The existing residential lot does not currently provide nor inhibit public coastal access. The proposed
development will not impact existing public access and view to shoreline. There are no feasible
alternatives that would provide greater consistency with the certified Local Coastal Program.
COASTAL DEVELOPMENT FINDINGS:
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;
or
Same response as variance justification #1.
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.
Same response as variance justification #1 and #2.
3. The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F).
The variance complies to all applicable sections of the certified Local Coastal Program and Chapter 3 of
the Coastal Act in that it does not impede existing public coastal access and recreation.
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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
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 existing residential lot with an existing single family residence does not currently provide nor inhibit
public coastal access. The proposed development is replacing the existing home within the subject lot
and will not impede the existing West Ocean Front boardwalk nor public access to and along the sea or
shoreline and to coastal parks, trails, or coastal bluffs.
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 subject property is located on a lot north of West Ocean Front coastal boardwalk, a wide sandy
beach that is approximately 650 feet wide, and the Pacific Ocean. The granting of the variance for the
reduced side yard setback occurs on the north side of the subject property, adjacent to another single
family residence and will not impact public coastal views from West Ocean Front boardwalk.
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 existing residential lot is not currently in or adjacent to a sensitive habitat or wetland area. The
residential development will not have adverse impacts to the coastal resources.
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 applicable policies of the certified Local Coastal
Program.
The granting of the variance will not be in conflict with the Implementation Plan nor the certified Local
Coastal Program in that it complies with applicable coastal zoning district and coastal development
standards.
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