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Home My WebLink AboutPA2023-0070_20230328_Project DescriptionVariance Request Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract Project Summary and Description: Requesting approval of a variance, in conjunction with a proposed remodel, new existing ﬁrst and second ﬂoor addition, and a new third ﬂoor with decks addition to an existing single family dwelling, and conversion to a 3327 square foot, attached, two unit condominium building, (Units 1 and 2). The proposed remodel/ addition of front/upper Unit 1 and lower/rear Unit 2 would be of comparable square footage, size, and equivalent bedrooms and baths as the majority of the neighboring duplex’s in the surrounding area (see Vicinity Map herein this Variance Request, and drawing sheet A1.3, Proposed Duplex Area Calcs comparison table). The existing dwelling has a legal, non-conforming enclosed car garage, and two carport parking spaces, for a total of four existing onsite parking spaces. The existing 2244.5 square foot dwelling is built on a substandard 2549.91 square foot R2 lot with a history of previously approved variances and modiﬁcation. The Owner is seeking a variance for relief from the following: 1.To exceed the allowable ﬂoor area permitted for the subject substandard lot within the R-2 (Two-Unit Residential) Zoning District within Corona Del Mar. (See Existing Area Square Footage on Sheet A1.1, and Proposed Duplex Area Calcs comparison F.A.R. to standard lots in the neighborhood, on Sheet A1.3). The owner should be allowed to build two units of comparable size and square footage to other existing duplexes in the surrounding neighborhood. 2.To extend existing 10’-0” front deck encroachment by 7’-0” into the 20’-0” front “setback,” to create the required two car (fully) covered carport parking below, (previously approved by Variance V-756 approved October 3, 1968, “waiver of front yard setback on the lot line common to Jasmine Ave”, and Modiﬁcation M-171, “deck extension02 ,” approved in 1971). 3.A waiver of the side yard setback to the lot line common to Bayside Dr. for purposes of constructing a new exterior stair to the new proposed Unit 1 front entry door; an addition of the existing structure towards the rear of the property; and a proposed partial third ﬂoor addition above the existing two story structure (which currently encroaches into “setback”). This waiver would be in order for the Owner to create a workable, functioning duplex on this substandard, narrow R2 zoned lot. It should be noted that the required front, rear, and side yard (Bayside Dr.) setbacks were all nulliﬁed by waiver by previous Variance V-756, approved in October of Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 2) Variance Request cont. 1963, “for purposes of constructing two units,” and because of the hardship and difficulties of this particular irregular shaped, narrow and restricted substandard lot. 4. To construct a new proposed exterior stair in south side yard/rear setback from the proposed third level to the existing alley level for ﬁre egress. The alley does not continue through to be adjacent to the rear of the subject substandard lot due to topography and elevation difference, restricting access and ﬁre egress. The adjacent existing duplex above and to the south has stair access from the second ﬂoor duplex to the alley, as typically do most of the duplex’s in the neighborhood. Furthermore, this property has no vehicular garage/carport access from the alley, as is typically found in this R-2 area. 5. To allow a minimum roof pitch of 2:12 on the proposed third story addition. 6. To allow a legal, existing (18’-1”x 20’-01/2”), non-conforming enclosed two car garage. Project Setting and Background: The subject property is located in Corona Del Mar on the southerly side of Bayside Drive between Jasmine and Iris Avenues. The lot is irregularly shaped, narrow, and approximately 2550 square feet in area, with a skewed property line on Bayside Drive, and narrows from 29.93’ along the front property line at Jasmine Avenue ROW (existing driveway), to 13.34’ at the rear property line. The surrounding area properties to the north and south are 30.00’ x 118.00,’ 3540 square foot, ﬂat lots, with allowable ﬂoor area of 3348 square feet, and developed with existing three story duplex’s. Total proposed duplex building (Units 1 and 2 with attached garage) area is 3327 square feet. See drawing sheet A1.3, Proposed Duplex Area Calcs for comparison of ﬂoor area. The original subject lot sloped steeply from south side to the north side (Bayside Dr.). The lot was graded with a ﬂat building pad, and the upslope retained. It is currently developed with an existing two story, slab on grade dwelling with attached two car garage and partial two car carport, built with variances and modiﬁcation in approximately 1968. The original property was subject to a 20’-0” front setback (Jasmine Avenue), 3’-0” north (Bayside Drive) and south side yard setbacks, and 5’-0” rear yard setback. Previously approved Variance V-756 (October 3, !968), and Variance V-902 approved in 1968, allowed the current existing encroachments into the front yard setback, and the north side yard setback that abuts the City ROW along Bayside Drive. Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 3) Variance Request cont. The 3’-0” south side setback and 5’-0” rear setback remain, and the current existing structure and proposed addition are within those setbacks. Existing vehicular access to the property is taken off of the Jasmine Avenue ROW by a very steep grade existing driveway that comes off of Bayside Drive. The surrounding duplex properties have alley access. The existing rear alley that serves the other duplexes in the area stops at the rear of the existing adjacent duplex above and to the south. The subject property has no alley access due to steep topography and grade elevation difference from the existing alley down to Bayside Dr, creating a hardship. With the exception of the requested deviations, the project conforms to all zoning regulations required by the R-2 Zoning District. See Table 1: Project Characteristics below for a detailed summary of the project. Table 1: Project Characteristics DEVELOPMENT STANDARDS REQUIRED PROPOSED PROJECT Total lot area 2549.91sf No change___________ Buildable area 1616.90sf (lot minus SB’s No change ___ Maximum Floor Area Limit: Buildable area=1616.90sf 3327 sf x 1.5 = 2425.35 sf (901.65 sf greater than allowed) ___ Setbacks: _________ Front 20’ 20’ (to main structure) complies) Exist dwelling second ﬂoor deck 10’ encroachment allowed by previously 1971 approved Modiﬁcation M-171. Further 7’ encroachment of New Unit 1 second ﬂoor deck to allow for a completely covered carport below (3’ to PL = variance) Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 4) Variance Request cont. ____________________________________________________________________________ Side 3’(lots 30’ wide or less) Exist dwelling ﬁrst and second ﬂoor/balcony allowed to encroach into north (Bayside Drive) setback by previously 1963 approved Variance, V-756, and previously 1968 approved Variance V-902 waiving 20’ front yard setback, 3’ side Yard setback at Bayside Dr PL, and 5’ rear setback. 3’ encroachment of new Unit 1 exterior stair to new Unit 1 second ﬂoor entry (0’ to north PL = variance) New Unit 1 and Unit 2 encroachment into 3’ setback (exist varies to 0’ to north PL = variance) 3’ encroachment at rear Unit 2 egress stair into south side 3’ setback (0’ to PL = variance) ___________________________________________________________________________ Rear 5’ No encroachment (complies) Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 5) Variance Request cont. ____________________________________________________________________________ Maximum Height: 24’ Flat Roof/Deck Rails 24’ Flat Roofs/Deck Rails complies 29’ Ridge/Sloped Roofs 29’ Ridge/Sloped Roofs complies _____________________________________________________________________________ Parking: 2 spaces/unit (20’x20’) 2 spaces/unit (w/legal exist. non-conforming (18’-1”x20’-01/2”) Two car Garage -variance _____________________________________________________________________________ Open Volume: N/A Exempt complies_______________ Variance Findings and Analysis: General Plan, Local Coastal Plan, Zoning Code The Land Use Element of the General Plan (GP) designates the property for Two-Unit Residential (RT) uses. The Coastal Land Use Plan designation is Two-Unit Residential (RT-D). The Zoning Code designates the site as a Two-Unit Residential (R2). All of these designations provide areas that apply to a range of two family residential dwelling units such as duplex, condominiums and townhomes. The proposed two-unit residential condominium building is consistent with these designations. Zoning Code Analysis Section 20.18.030 (Residential Zoning Districts General Development Standards. Table 2-3) lists the established development standards for two-unit residential zoning districts. As summarized in Table 1 above, the project complies with all development standards required for the R-2 Zoning District within Corona Del Mar, with the exception the requested deviations. Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 6) Variance Request cont. Variance/Findings Pursuant to Section 20.52.090 (Variances), approval of a variance is required to permit an increase in the maximum allowable ﬂoor area within a zoning district for a substandard lot, and to allow encroachments into the front and side yard setback areas which exceed more than 10% of the related setback. Thus, with the following ﬁndings, we request that the Planning Commission grant approval to this Variance Request: 1. There are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surroundings, topography, or other physical characteristics and features) that do no apply generally to other properties in the vicinity under an identical classiﬁcation; 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classiﬁcation; 3. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the owner/applicant; 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; 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; and 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. 7. Granting of the Variance is necessary due to the unique physical characteristics of the property and/or structure, and/or characteristics of the use; 8. Granting of the Variance is necessary due to the practical difficulties associated with the property and that the strict application of the Zoning Code results in Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 7) Variance Request cont. physical hardships that are inconsistent with the purpose and intent of the Zoning Code; 9. There are no alternatives to the Variance that could provide similar beneﬁts to the owner/applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; 10. The granting of the Variance would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of the Zoning Code; and 11. The Variance Request will be compatible with existing development in the neighborhood. Typical lots within the vicinity are regular in shape, generally ﬂat, and are oriented with the narrowest width facing the street. Vehicular access is generally via an alley located at the rear. The subject lot has less area than the typical lots within the vicinity, and is unique for several reasons. It is less than the typical 30’ lot frontage and is irregularly shaped, narrowing dramatically towards the rear with the skewed northern (Bayside Drive) property line. The mid point of the lot is less than 25’ wide, thus exempting the proposed duplex from the standard open space requirements and third ﬂoor limitations. It has a long, continuous retaining wall along the south side, necessitated by the retaining of the original steeply sloped grade condition, to allow the existing buildable, graded building pad. With this long one story high, continuous existing retaining wall condition, the entire south side of the lower level is below grade, with no egress, or windows. The westerly side, or rear of the property is in its steep, ungraded, unimproved, original condition, with extreme vertical elevation change between Bayside Drive and the existing Alley way behind the other duplex properties in the vicinity above. Thus, the Alley ROW is unimproved and this property has no vehicular Alley access, creating an extreme development hardship. The front easterly, Jasmine Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 8) Variance Request cont. Avenue side of the property allows for the existing vehicular access, but is very abrupt and quite steep grade off of Bayside Drive. The adjacent City ROW property to the north, between the subject property and Bayside Drive, is steep, unstable and unkept, needing retaining and build up to the level of the existing subject lot to stabilize, and egress access needed from the lot to Bayside Drive via proposed new stairs, as well as new landscaping. The existing tall mature Eucalyptus trees should be removed, as they pose a threat to any structure on the subject lot. Buildable Area Standard setbacks for the R-2 Zoning District apply to the subject property. Due to the extreme narrowing of the lot, application of the standard setbacks results in an actual FAR of .794 (see table below). This would allow construction of a maximum ﬂoor area of 2,025 square feet. The actual FAR of the typical property in the vicinity is .945 (wee Table 2: Comparison of Floor Area below), which allows construction of a maximum ﬂoor area of 3,349 square feet. Table 2: Comparison of Floor Area PROPERTY LOT DIMS. LOT AREA BUILDABLE MAX FLOOR ACTUAL (Tot sf) (Lot Minus AREA ALLOW. FAR Standard (Buildable area (Max Flr. Setbacks) x 1.5) Area Div. by Total Lot Area) _______________________ Typical property 118’x30’ 3,540 sf 2,232 sf 3,348 sf. .945 in area (2,232 sf x 1.5) (3,348 sf / 3,540 sf) ______________________________________________________________________________ Subject property 119.02’ x 2,549.91 sf 1,350 sf 2,025 sf .794 (Existing) 29.93’ x (1,350.sf x 1.5) (2,025sf / 117.88’ x 2,549.91sf) 13.34______________________________________________________ Subject Property Same Same Same 3,327 sf 1.30 (Proposed sf) (3,327 sf / 2,549.91 sf) ______________________________________________________________________________ Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page 9) Variance Request cont. Approval of this Variance Request to exceed the permitted ﬂoor area would result in an actual FAR of 1.30. This FAR would equal 21 square feet less ﬂoor area than that allowed on a typical property in the vicinity. The existing dwelling building was allowed to be built with encroachments into the front yard and side yard setback along Bayside Drive by previously approved variances (see project ﬁle at City, and previous comments above, herein). No new curb cuts or vehicular access to the site is being proposed. Encroachments The current parking conditions allow for the typical required parking of two spaces per unit are met, although existing non-conforming. Therefore, a variance is also being sought to allow the existing non-conforming enclosed garage size (each space with its own proposed entry into the respective units0. The front yard setback encroachment variance is being sought to provide the required fully covered carport parking requirement for each unit. The existing Bayside Drive fronting side yard encroachment was allowed by previous variances approved, due to the hardship of the skewed property line, irregular shaped, narrow lot, and in order to allow any functional, workable residential development to be built on the lot. Thus, a variance to allow that same privilege for the proposed remodel/addition of the existing building into a condominium is being requested, due to this extreme hardship. This building elevation that faces Bayside has been designed to provide a pleasant, interesting design in the modern vernacular, with varying roof heights and voids in the massing, and with materiality so as to be architecturally pleasant and in keeping with other architectural context and vernacular in the vicinity. The existing adjacent duplex and the other majority of typical development in the neighboring area to the south are above the subject property, and would not be affected by the north (Bayside Drive) side encroachment into the setback and there are no adjacent neighboring buildings to the north, as the existing park and City property ROW are adjacent. The proposed condominium building complies with the existing 3’ south side setback and the 5’ rear setback. The proposed third ﬂoor addition is within the 24’/29’ height limit, and all exiting views from the adjacent duplexes would be preserved and unimpaired. Hosseinzadeh Duplex 3033 Bayside Drive Corona Del Mar, CA Lot 25: Block 236 Corona Del Mar Tract (Page10) Variance Request cont. Environmental The proposed project is categorically exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). This project consists of the remodel of and addition to an existing single family dwelling into a two-unit dwelling and contains a parcel map for purposes of the owner/applicants request to convert it to a condominium. Attachments Project Plans Photos of the existing structure Tentative Parcel Map/Vicinity Map This Variance Request was prepared by: Michael Coon A I A a r c h i t e c t Corona Del Mar, CA 949.375.1736 michaelcoonarchitects@gmail.com