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HomeMy WebLinkAbout05/23/1996COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING s *'mi- A PLACE : Ci ty Council Chambers TIME: 7:30 P.M. 2 DATE: , r .. oz 1nor ROLL CALL • Motion All Ayes 0 INDEX All Commissioners were present •s+ EX- OFFICIO OFFICERS PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Robin Clauson, Assistant City Attorney Patricia L. Temple, Planning Manager Rich Edmonston, Traffic Engineer Darleen Kuhlmann, Planning Secretary t *� Minutes ofAnri118 1996: Minutes of 4/18/96 Motion was made and voted on to approve as written, the May 9, 1996, Planning Commission Minutes. MOTION CARRIED - 7 Ayes Approved st* Public Comments: None Public Comments •a* None Postine of the Agenda: Posting of the Agenda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, May 17,1996, outside of City Hall. COMMISSIONERS MINUTES CITY OF NEWPORT BEACH May 23,1996 ROLL INDEX CALL SUBJECT The Allred Residence (Robert G. Jenkins, item Do. i applicant) 19 San Sebastian • ModificationNo. 4433 Mod; No. 4433 .Ms. Temple reported that this application is for construction of a Denied retaining wall and related guard rail with an overall height of 11 feet 10 inches, which would encroach 4 feet into the required S foot rear yard setback, where the zoning code limits such construction to 6 feet in height. The exhibit on the wall was referenced during the report. Chairman Ridgeway ascertained that there were five Commissioners who had visited the site adjacent to the Allred residence. Discussion ensued as to distances between the residences, and the . location of on -site improvements. Commissioners Gifford and Adams stated that they had viewed the area in question, both from the Allred residence and the Tong residence (immediately adjoining). Public Hearing was opened. Mr. Bob Jenkins, 1231 Sand Key, Corona del Mar, architect and applicant - spoke to. the Commission regarding the cement culvert on property, the similarity of a neighbor's wall, and the fact that a glass fence is part of the 11 feet 10 inch improvement requested. He also described the landscaping improvements proposed as part of the project. Chairman Ridgeway stated that the Planning Commission has received three letters in opposition to the applicant's proposal and one letter from the Association stating they have not approved the revised plans. Discussion continued regarding the letters, when received and when the applicant was notified of their availability at the Planning Department. • 2 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 23, 1996 ROLL CALL INDEX Chairperson Ridgeway asked the applicant to point out the Tong residence and where it lies in relation to the proposed wall. Mrs. Allred, 19 San Sebastian, homeowner - spoke to the Commission about the extension of her back yard over the cement culvert. She explained her intention to beautify her back yard. Mrs. May Lee Tong, 16 . Narbonne, (directly beneath the Allred residence) - spoke to the Commission referencing a letter dated October 2, 1995 that she sent to the architect. She produced and referenced pictures that were taken of the existing wall. Discussion continued about her main objections against this application; esthetic appearance and property value, safety factor and privacy. Commissioner Ridgeway asked if he could read the letter that was sent on October 2, 1995. The original letter was copied for the Commissioners. Dr. Pilest, 17 San Sebastian - spoke to the Commission stating that Mrs. Allred could have gone back to the setback and raised it up six feet. This has been done by himself and many of the neighbors on the street. Mrs. Allred approached the podium again and stated that she does not want to block anyone's view because the lots are very expensive. What she is proposing to do would not be any higher than it is today, which is several feet below Dr. Pilest's yard. He has a retaining wall there in order to have a swimming pool. She referenced the exhibit to show the locations of a solid cement wall, an iron fence and the retaining wall. Commissioner Thomson asked staff about the retaining wall and another wall that is by the pool. He stated that upon his inspection of the area, the retaining wall appears to be right on the property line. Dr. Pilest was asked about the location and height of his retaining wall. He ascertained that the retaining wall (built for his swimming pool) was 3 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 23, 1996 ROLL CALL INDEX approximately 2 -3 feet high and his railing is behind that retaining wall and is six feet from normal ground level. Commissioner Kranzley asked Mr. Jenkins if Mrs. Allred could cover the drainage ditch similar to what has been done by Dr. Pilest, within the guidelines and rules of the community. Mr. Jenkins responded that it would be six feet high which is slightly higher than the present wall.. He then continued by describing the measurements of this wall explaining that Mrs. Allred wants to be eight feet above the top of the berm instead of six feet due to the slope of her property. Commissioners Pomeroy and Adams spoke in opposition to the application citing no ruling on the plans by the Association, no compelling reason to grant variance and that the neighbors had built their homes within the city's guidelines. Public Hearing was closed. Chairman Ridgeway stated that since the affected neighbor is in opposition to this proposed development, this application should not be approved. Motion was made to deny ModificationNo. 4433 with findings for denial motion as shown on Exhibit `B ". MOTION CARRIED, 6 Ayes, l No. Ayes * * * * No 1. That, in this particular case, the proposal would be detrimental to persons, property and improvements in the neighborhood, and that the applicants request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code because the proposed retaining wall and guard rail would affect the flow of air or light to adjoining residential property to the rear. 2. That there is no justification for allowing the proposed encroachment, since adequate space exists within the buildable area • 4 COMMISSIONERS • 9L� MINUTES CITY OF NEWPORT BEACH May 23,1996 ROLL CALL i I of the site for all new construction, and since the required rear setback is minimal (5 feet). 3. That the adjoining property owner is opposed to the proposed development. 4. That the topography of the subject lot and the adjoining lot below is such that the adjoining property is already encumbered by a substantial grade differential, the effect of which would be further increased by the proposed construction. r�s SUBJECT: Donald Redfern - Owner stem No 435 Via Lido Soud • Use Permit 3582 UP.: 3582 . Staff reported that this item is a use permit required by the Municipal continu Code to allow additions to an existing, legal, non - conforming triplex on to 6/6/ Lido Island. The triplex is non - conforming as to parking and as to the number of dwelling units permitted on site. The actual additions are expansions of existing rooms and no new rooms are being added. Public Hearing was opened. Mr. Tim Redfem, owner and occupant of 435 Via Lido Soud spoke to the Commission. He stated that the Lido Island Community Association has not received plans for the proposed construction and that he has read and agrees the conditions and asks that the Commission approve this Use Permit. Chairperson Ridgeway stated that the Commission usually does not approve anything that is not approved or known by the involved homeowner's association. 5 2 w� COMMISSIONERS 9 •1y ` q MINUTES CITY OF NEWPORT BEACH May 23, 1996 ROLL CALL INDEX Mr. Redfern stated that when he bought the property in January, it was with the intention to fix it up to make it more livable and aesthetically pleasing by replacing windows and new stucco. He wants to comply with the regulations of the Community Association and will not add on without its approval. Mr. Willis Longyear, 215 Via San Remo - a member of the Architectural Committee, spoke to the Commission. He described the Lido Island Community. Association's procedures for architectural review. Chairperson Ridgeway asked Mr. Longyear if this item was postponed until June 6th would the Architectural Committee have time to submit their consideration of the plans. Dr. R. Virgil Goley, 211 Via Ravenna - spoke to the Commission and stated that the Architectural Committee meets at 5:00 p.m. every other . Monday and the next meeting would be June 10th. Commissioner Adams stated that this appears to be a procedural issue of the Homeowner's Association and has nothing to do with what is before the Commission tonight. If the applicant has trouble with the Homeowner's Association, that is a matter between the homeowner and the association. Commissioner Kranzley stated that in his short Commission tenure, there have been instances where the homeowner's associations have worked with the applicant. Dave Kubley, general contractor for the applicant, asked that the Commission consider and approve this application tonight with the understanding that he will work with the Association. In response to a question by Commissioner Selich, Mr. Kubley indicated that the building permit includes the alterations for the enclosure of the first floor patio and the small alcove. 6 COMMISSIONERS 091.9OL MINUTES CITY OF NEWPORT BEACH May 23, 1996 ROLL CALL INDEX Staff commented that from time to time, partial permits are issued with the indication of areas that can not be constituted unless they achieve their discretionary action. Commissioner Gifford commented that when the structure was originally constructed in 1949, it was permissible to have a triplex there. Now the maximum density would be a duplex. Under density requirement in the staff report, no change in the number of dwelling units is proposed. What is being done is to make it a fully functional triplex as opposed to making the property conform. Staff commented that the MFR zone would allow any form of multi - family but requires 1,200 feet of land for each unit. In this particular case, due to changes in the Code subsequent to the original construction, if built today, two units would be allowed on the site. . Public Hearing was closed. Commissioner Pomeroy stated that due to the circumstances, the solution is to continue this action for the shortest possible period of time the Commission can because the project is under construction. Chairperson Ridgeway stated that the next Commission meeting is June 6th, the meeting after that is June 20th, and asks the Homeowner's Association to meet with the applicant prior to discuss this situation. Commissioner Adams stated that staff has made the finding that the proposed improvement does not appear to have any detrimental effect on the surrounding neighborhood. If this item is going to be continued, the applicant may not return to the Commission if the Homeowner's Association denies this application. Chairperson Ridgeway stated that the Commission has discretion to overrule or approve the project despite comments from the Association. • 7 COMMISSIONERS • 9� i Mot. All MINUTES CITY OF NEWPORT BEACH May 23, 1996 ROLL INDEX CALL Lon * Commissioner Selich made Motion to continue this item until the next Ayes Planning Commission•meeting on June 6, 1996. MOTION CARRIED, All ayes. : +a ADDITIONAL BUSINESS: Addition Business a.) City Council Follow -up - A verbal report by the Assistant City Manager, Community and Economic Development regarding City Council actions related to planning - none. b.) Verbal report by the Planning Department Manager regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - none c.) Verbal report from Planning Commission's representative to the Economic Development Committee - Mr. Selich reported that the . Economic Development Committee recommended approval of the re -write of the Zoning Code with direction to staff to review the square footage limits for small -scale eating establishments. d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - none e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none g.) Requests for excused absences - Commissioner Adams asked to be excused on June 6th. ADJOURNMENT: 9:20 p.m. Adjournn MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 8 al lent