Loading...
HomeMy WebLinkAbout3.0_Goldring Residence - PA2009-070CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 17, 2009 Meeting Agenda Item 3 SUBJECT: Goldring Residence 309 Lindo Avenue - PA2009 -070 • Variance No. VA2009 -001 • Modification Permit No. MD2009 -021 • Use Permit No. UP2009 -029 APPLICANT: Irwin & Clarann Goldring PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY The application consists of 1) A variance to allow a new, single -unit dwelling to exceed the maximum floor area limit by approximately 400 square feet and to allow less than the minimum required open space. 2) A modification permit to allow the structure to encroach 10 inches into the required 3- foot side yard setback and 1 foot into the required 10 -foot front yard setback. 3) A use permit to allow the midpoint of the pitched roof to exceed the 24 -foot height limit by approximately 3 feet. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt a resolution disapproving Variance No. VA2009 -001, Modification Permit No. MD2009 -021, and Use Permit No. UP2009 -029 (Attachment PC 1). Goldring Residence Planning Commission Page 2 VICINITY MAP - - Subject Property t K. 0 n 8f8 y � .- . �: b O ► w 1.3` �rr .e� p 3 •r'1 818811 A VE BAY a 14 12 f �1 3081. �2 <8a l` Q12 1 02 I ^rd 8/88/881 y%� f R m 6Ay 30f AVE E 8 R' 0Al6bA -y Bip 84y0W $11 'y fy 508o SOj '^ 300 ip8 801 �LBpA BIVpW GENERAL PLAN ZONING S 4 -\ \� \'J\ e!o 4 4' • o \\ s'� \ O of O•`• ` \\ \.Rt ,, RSU + \ R -1 9 Mr r< r3 era SRI er / ar � °j I ey n�- - n ' i t • RI 1 ; a� Sn OSA LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE RS -D (Single -Unit Residential R -1 (Single - Family Single -unit residential Detached ) Residential ) dwelling NORTH RS -D (Single -Unit Residential R -1 (Single - Family Single -unit residential Detached ) Residential ) dwelling SOUTH RS -D (Single -Unit Residential R -1 (Single - Family Single -unit residential Detached ) Residential ) dwelling EAST RS -D (Single -Unit Residential R -1 (Single - Family Single -unit residential Detached ) Residential ) dwelling WEST RS -D (Single -Unit Residential R -1 (Single - Family Single -unit residential Detached ) Residential dwellin F:\Users\PLN \Shared\PA's\PAs - 2009 \PA2009 - 070 \VA2009 -001 perpt.docx Goldring Residence Planning Commission Page 3 Project Setting The proposed project is located on the Balboa Peninsula in the Single- Family Residential (R -1) Zoning District. The property is approximately 1,673 square feet in area and is irregular in shape. The property is approximately 30 feet wide at the front property line and 16 feet wide at the rear property line. The depth of the lot is 70 feet on the northern property line and 71.49 feet on the southern property line. Project Description The proposed project includes the demolition of the existing, single -unit dwelling and the construction of a new, three -story, single -unit dwelling with three bedrooms and an attached two -car tandem garage with alley access. The structure tapers as the lot tapers towards the alley. The front half of the structure is three stories high and the rear half of the structure is two stories high with a roof deck. The applicant requests a variance to exceed the floor area limit by approximately 400 square feet. Chapter 20.10 (Residential Districts) of the Municipal Code specifies the maximum square footage as two times the buildable area of the lot. The buildable area of the lot is the lot area excluding the required setbacks. The maximum square footage for this lot permitted by the Municipal Code is approximately 1,878 square feet, and the request is to construct a 2,268 square foot dwelling. The applicant also requests a variance to provide 2,585 cubic feet of open space without meeting the minimum 6 -foot dimension. A minimum 3,456 cubic feet of open space with a minimum 6 -foot dimension in each direction is required per the Municipal Code (difference of 871 cubic feet). Chapter 20.10 requires that the lot have a volume of open space, in addition to the required setbacks, that is equal to the buildable width of the lot times the basic height limit times six feet. The open space must be open on at least two sides. The applicant requests a modification permit for a section of the structure on the first floor that is 36 feet 3 inches in length to encroach 10 inches into the required 3 -foot side yard setback. FAUsers \PLN\Shared\PA's1PAs - 2009 \PA2009- 070\VA2009 -007 pe pt.doex 5 Code Required Setbacks Proposed Setbacks Front 10 feet 9 feet Side - Left 3 feet 2 feet 2 inches Side - Right 3 feet 3 feet Rear 5 feet 5 feet The applicant requests a modification permit for a section of the structure on the first floor that is 36 feet 3 inches in length to encroach 10 inches into the required 3 -foot side yard setback. FAUsers \PLN\Shared\PA's1PAs - 2009 \PA2009- 070\VA2009 -007 pe pt.doex 5 Goldring Residence Planning Commission Page 4 The applicant requests a modification permit for the structure to encroach 1 foot into the required 10 -foot front yard setback. This proposed encroachment is for the first and second floor and a third floor deck. Lastly, the applicant requests a use permit for a deviation from the 24 -foot height limit. Chapter 20.65 of the Municipal Code includes a provision that limits the height of the midpoint of a pitched roof to 24 feet, and allows for the ridge of a pitched roof to exceed the height limit by 5 feet. The proposed structure would exceed the height limit at the midpoint of a pitched roof by 3 to 4 feet. The ridge of the roof would be less than 29 feet in height as required by the Municipal Code. DISCUSSION Analysis General Plan, Local Coastal Plan, Zoning Code The Land Use Element of the General Plan designates the site for Single -Unit Residential Detached (RS -D) use, which applies to a range of detached single -unit residential dwellings on a single legal lot. The Zoning Code designates the site as Single - Family Residential (R -1), which provides areas for single -unit residential land uses. The Coastal Land Use Plan designates this site as Medium Density Residential (RM -A), which is intended to provide for a range of residential development types, including single -unit residential development with a range of 6.1 to 10 units per acre. The proposed development is consistent with these designations and will not change the use of the property. Required Findings The request includes a variance to exceed the floor area limit and not provide the minimum amount of required open space, a modification permit to encroach into the side yard and front yard setbacks, and a use permit to exceed the height limit. The facts do not support the required findings that must be made in order to approve the five applications as submitted. Below are the required findings and analyses for each application. Variance Pursuant to Section 20.91.035 of the Municipal Code, the following findings are required to approve a variance: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. FAUsers \PLN \Shared\PA's \PAs - 2009\PA2009- 070WA2009 -001 perpt.docx N Goldring Residence Planning Commission Page 5 The facts do not support the finding for the variance request for increased floor area because there are no special circumstances pertaining to lot area that deprive the property of privileges enjoyed. by other property in the vicinity. Facts are in evidence to support this finding for the variance request for a deviation from the open space requirement due to the irregular shape of the lot. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. The granting of the floor area variance is not necessary in order to enjoy and presence property rights because the floor area limit is derived from the size of the lot and the setback requirements. This lot has similar setback requirements compared with nearby properties. The subject lot is smaller than other lots in the neighborhood, thus allowing less floor area than the larger lots in the neighborhood. 3. 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 limitation on other properties in the vicinity and in the same zoning district. The facts do not support this finding because a variance to exceed the allowed floor area limit would constitute a grant of special privilege. This lot is a smaller lot than most lots in the neighborhood, and a smaller structure is permitted. 4. 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. Increased building bulk resulting from additional floor area would be detrimental to the neighborhood. Modification Permit Pursuant to Section 20.93.030 of the Municipal Code, the following findings are required to approve a modification permit: In accordance with the provisions of Chapter 20.93, the granting of this application is necessary due to practical difficulties associated with the property. The strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. F: UserslPLN\Shared\PA's1PAs - 20091PA2009- 0701VA2009 -001 perpt.docx n I Goldring Residence Planning Commission Page 6 This finding cannot be made for the request for a front yard setback encroachment because the practical difficulties associated with the lot do not affect the front of the property. The width of the property at the front property line and the front yard setback requirement are typical for this neighborhood. The narrowness of the lot at the rear does result in a physical hardship that would justify an encroachment at the front of the lot. There are facts in support of the findings for a modification permit for the side yard setback encroachment due to the tapering of the lot towards the alley and the limitations from placement and type of parking required. Parking must have access from the alley and due to the narrow width of the lot, it must be provided as tandem parking. 2. In accordance with the provisions of Chapter 20.93, the requested modification will be compatible with existing development(s) in the neighborhood. The encroachment into the front yard setback would not be compatible with the neighborhood. The lot is located at a bend in the street and the properties to the north also have a 10 -foot front yard setback requirement. The properties to the south of the subject property have a 9 -foot front yard setback requirement; however, those structures are located south of a bend in the street. From the vantage point of the sidewalk at the bend in the street, a 1 -foot encroachment into the front yard setback would block public views and create a visual difference that would be incompatible with neighboring structures. A front yard setback encroachment on the subject lot would create a clearly noticeable deviation from the pattern of structures on the street. 3. In accordance with the provisions of Chapter 20.93, the granting of this Modification Permit will not adversely affect the health or safety of persons residing or wonting in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The encroachment into the required 10 -foot front yard setback would be detrimental because the dwellings along the same side of Lindo Avenue as the subject property adhere to the setback requirements. Use Permit Pursuant to Section 20.65.055 of the Municipal Code, the findings below are required to approve a use permit to exceed the height limit: 1. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, percentage of ground cover, and the treatment of all setback and open areas. FAUsers\PLNIShared\PA's1PAs - 20091 PA2009- 0701VA2009 -001 papt.doex (/ a Goldring Residence Planning Commission Page 7 A use permit to exceed the height limit cannot be approved because the proposed project does not provide increased visual open space and views due to the proposed structure not providing the required open space. The proposed structure encroaches into 2 required setbacks, thereby decreasing the public views. 2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. The increased height does not result in a more desirable architectural treatment. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts are in evidence to support this finding because the ridge of the roof would be less than 29 feet in height as required by the Municipal Code. 4. The structure shall have no more floor area than could have been achieved without the use permit. This finding cannot be made because the applicant's request includes additional floor area that is achieved through the increased height. Alternatives The facts do not support the required findings that the Planning Commission must make in order to approve the applications as submitted; however, a modified project could be supported. There are facts in support of findings for a variance to allow less than the required volume of open space and to waive the minimum 6 -foot dimension requirement. Facts are in support of findings for a modification permit to encroach into the required side yard setback. The open space requirement has two components: minimum 6 -foot dimension and minimum volume. By granting the variance for both components of the open space requirement, the applicant has flexibility in designing the structure. The options are limited for providing the required minimum volume and minimum 6 -foot dimension of open space. Because the rear of the lot is narrow, the required two -car parking must be provided by tandem parking spaces. Garage access must be provided from the alley. Therefore, the garage placement precludes the applicant from providing the open space on the first floor at the rear of the lot. For typical lots in the neighborhood that are wide enough to provide two -car, side -by -side parking, the garage can be detached from the FAUsersIPLMShared\PA's1PAs - 20091PA2009- 0701VA2009 -001 perpt.docx Goldring Residence Planning Commission Page 8 main dwelling structure providing an area for open space between the structures. The dwelling can be redesigned to provide the required open space; however, the potential redesign solutions would require removing portions of the habitable rooms or bedrooms or converting a portion of the garage into a carport. Environmental Review This project qualifies for an exemption from environmental review pursuant to Section 15303 (Class 3 New Construction or Conversion of Small Structures) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the construction of limited numbers of new, small facilities or structures such as a single -unit residence. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Fep N eno, Assistant Planner Attachments PC 1 Draft resolution PC 2 Applicant's project description PC 3 Project plans Submitted by: David Lepo, Planne .era FAUsers\PLNIShared \PA's \PAs - 2009\PA2009- 070WA2009 -007 perpt.docx It) Attachment No. PC 1 Draft Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DISAPPROVING VARIANCE NO. VA2009 -001, MODIFICATION PERMIT NO. MD2009 -021, AND USE PERMIT NO. UP2009 -029 TO ACCOMMODATE CONSTRUCTION OF A SINGLE -UNIT DWELLING THAT WOULD EXCEED THE FLOOR AREA LIMIT, NOT PROVIDE THE REQUIRED OPEN SPACE, ENCROACH INTO THE SIDE YARD SETBACK, ENCROACH INTO THE FRONT YARD SETBACK, AND EXCEED THE HEIGHT LIMIT. THE SUBJECT PROPERTY IS 309 LINDO AVENUE (PA2009 -070) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Irwin and Clarann Goldring, with respect to property located at 309 Lindo Avenue, and legally described as Lot 135, Block A East Newport requesting approval of a variance, modification permit, and a use permit. The applicant proposes to construct a new, single -unit dwelling that will exceed the floor area limit, not provide the required open space, will encroach into the required side yard setback, will encroach into the front yard setback, and will exceed the height limit. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Medium Density Residential (RM -A). A public hearing was held on September 17, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 13 Planning Commission Resolution No. PC200X -XXX Paoe 2 of 5 This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. Class 3 exempts the construction of limited numbers of new, small facilities or structures such as a single -unit residence. SECTION 3. REQUIRED FINDINGS. In accordance with Chapters 20.65, 20.91, and 20.93 of the Newport Beach Municipal Code, certain findings are required to be made in order to approve a variance, modification permit, and use permit. The request includes a variance to exceed the floor area limit and not provide the minimum amount of required open space, a modification permit to encroach into the side yard and front yard setbacks, and a use permit to exceed the height limit. The facts do not support the required findings that must be made in order to approve the five applications as submitted. Below are the required findings and analyses for each application. Variance Pursuant to Section 20.91.035 of the Municipal Code, the following findings are required to approve a variance: A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The facts do not support the finding for the variance request for increased floor area because there are no special circumstances pertaining to lot area that deprive the property of privileges enjoyed by other property in the vicinity. Facts are in evidence to support this finding for the variance request for a deviation from the open space requirement due to the irregular shape of the lot. B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. The granting of the floor area variance is not necessary in order to enjoy and preserve property rights because the floor area limit is derived from the size of the lot and the setback requirements. This lot has similar setback requirements compared with nearby properties. The subject lot is smaller than other lots in the neighborhood, thus allowing less floor area than the larger lots in the neighborhood. 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 limitation on other properties in the vicinity and in the same zoning district. i�1 Planning Commission Resolution No. PC20OX -XXX Page 3 of 5 The facts do not support this finding because a variance to exceed the allowed floor area limit would constitute a grant of special privilege. This lot is a smaller lot than most lots in the neighborhood, and a smaller structure is permitted. 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. Increased building bulk resulting from additional floor area would be detrimental to the neighborhood. Modification Permit Pursuant to Section 20.93.030 of the Municipal Code, the following findings are required to approve a modification permit: A. In accordance with the provisions of Chapter 20.93, the granting of this application is necessary due to practical difficulties associated with the property. The strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. This finding cannot be made for the request for a front yard setback encroachment because the practical difficulties associated with the lot do not affect the front of the property. The width of the property at the front property line and the front yard setback requirement are typical for this neighborhood. The narrowness of the lot at the rear does result in a physical hardship that would justify an encroachment at the front of the lot. There are facts in support of the findings for a modification permit for the side yard setback encroachment due to the tapering of the lot towards the alley and the limitations from placement and type of parking required. Parking must have access from the alley and due to the narrow width of the lot, it must be provided as tandem parking. B. In accordance with the provisions of Chapter 20.93, the requested modification will be compatible with existing development(s) in the neighborhood. The encroachment into the front yard setback would not be compatible with the neighborhood. The lot is located at a bend in the street and the properties to the north also have a 10 -foot front yard setback requirement. The properties to the south of the subject property have a 9 -foot front yard setback requirement; however, those structures are located south of a bend in the street. From the vantage point of the sidewalk at the bend in the street, a 1 -foot encroachment into the front yard setback would block public views and create a visual difference that would be incompatible 0 Planning Commission Resolution No. PC20OX -XXX Paqe 4 of 5 with neighboring structures. A front yard setback encroachment on the subject lot would create a clearly noticeable deviation from the pattern of structures on the street. C. In accordance with the provisions of Chapter 20.93, the granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The encroachment into the required 10 -foot front yard setback would be detrimental because the dwellings along the same side of Lindo Avenue as the subject property adhere to the setback requirements. Use Permit Pursuant to Section 20.65.055 of the Municipal Code, the findings below are required to approve a use permit to exceed the height limit: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, percentage of ground cover, and the treatment of all setback and open areas. A use permit to exceed the height limit cannot be approved because the proposed project does not provide increased visual open space and views due to the proposed structure not providing the required open space. The proposed structure encroaches into 2 required setbacks, thereby decreasing the public views. B. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. The increased height does not result in a more desirable architectural treatment. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts are in evidence to support this finding because the ridge of the roof would be less than 29 feet in height as required by the Municipal Code. D. The structure shall have no more floor area than could have been achieved without the use permit. This finding cannot be made because the applicant's request includes additional floor area that is achieved through the increased height. (b Planning Commission Resolution No. PC20OX -XXX Paae 5 of 5 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby disapproves Variance No. VA2009 -001, Modification Permit No. MD2009 -021, and Use Permit No. UP2009- 029. 2. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17'' DAY OF SEPTEMBER, 2009. AYES: NOES: ABSTAIN: ABSENT: BY: Robert C. Hawkins, Chairman Charles Unsworth, Secretary 11 Attachment No. PC 2 Applicant's Project Description h PROJE DESCRIPTION AND JUSTII ;ATION Project Description This project is the construction of a new three story single family residence on an irregular, substandard lot on Balboa Peninsula. This will replace a typical beach cottage whose origin is almost 100 years old and has grown with several additions overtime that encroach into both side yard setbacks as well as the rear (alley) setback. A portion of the north garage wall is built across the property line onto the adjacent property. The structure only has one parking space, an open carport that has less that the current required depth. There are three bedrooms and two bathrooms, a kitchen, a dining nook and a living room. The first floor of the proposed residence will comprise a two car tandem garage, a kitchen, a powder room and living room. The second floor will have three bedrooms and two bathrooms and a small front exterior open deck. The third floor will consist of an activity room (family room), bathroom and rear exterior open deck. The exterior finish will be stucco with wood trim at the windows, corners, belly banding and rail detailing. Justification: Side Yard Setback Encroachment The subject property is sub - standard in size and irregular in shape as a result of a lot split in the early 1900's, resulting in a rear property line abutting the alley that is only 17.15' long. To incorporate the required parking for two vehicles, the parking has to be a tandem configuration. (to get two cars side by side would require the front of the garage to be approximately five feet (5) from the front setback line). With the tandem parking layout, only a narrow sliver is left for the kitchen. This creates the request for the garage to encroach ten inches (10°) into the south side yard setback to allow having sufficient room to develop a minimally workable kitchen plan. Front Yard Setback Encroachment The lots in this area of the peninsula have front yard setbacks that vary from 4' to 10'. Lindo Avenue has a mix of front yard setbacks with the subject lot having a 10' front yard setback while the adjoining seven lots to the south have a 9' setback. All lots on the opposite side of the street have a 10' front yard setback, but of the more than 125 lots within a 500' radius, only 24 have a 10' required front yard setback. This request is to allow a 9' front yard setback due to the sub - standard size and irregular lot shape and the fact that the vast majority of the neighborhood enjoys a 9' front yard setback, even on more major streets like Island Avenue, Bay Avenue and Balboa Boulevard. Maximum Allowable Area Due to the sub - standard size and irregular shape, the strict enforcement of the setbacks result in a buildable area of only 936.8 square feet compared with 1,344 square feet if this was the standard lot size and configuration of the neighboring properties. Since the allowable square footage of a new structure is 200% of the buildable square footage, this project would be restricted to 815 square feet less than the neighboring property owners could construct. The proposed design would request an additional approximately 375 square feet, less than half of the difference between the standard allowable square footage (2,688 sf) and this sub - standard lot allowable square footage (1,873 st). Mid- Height Maximum To be able to incorporate the desired spaces and square footage on this sub - standard, irregularty shaped lot, it is necessary to add a third floor. This can be accomplished within the height limit of the zoning code maximum allowable of 29' with a 4:12 pitch roof (the actual ridge height is projected to be approximately 28'-q. The mid - height requirement of 24' however can not be met and is thus the fourth area of relief requested. With the proposed deletion of the mid - height requirement in the zoning code revision currently under consideration, the proposed roof form is in line with the direction of the proposed zoning code. Open Space Requirement Again, due to the substandard size and irregular shape of the lot, the open space provided, although less than the code required 3,456 cubic feet, is more than the required open space when the lot's buildable area is compared to the buildable area of the average lot in the neighborhood. The subject property has a buildable area that is only 69.7% of the size of the average lot buildable area.Thus reducing the open space proportionately would yield a required open space requirement of 2,406 cubic feet and the proposed plan provides 2,585 cubic feet of open space. RECEIVED BY End Rev. 05.18.09 PLANNING DEPARTMENT �l REQUIRED FINDINGS FOR USE PERMIT 1. More Public Visual Open Space The proposed project is on a sub - standard, irregularly shaped lot. To allow a reasonable amount of living space in addition to the required two car enclosed garage, it is necessary to have some living space on a third floor. The third floor enclosed space was kept to a minimum so that the balance of the space would be an open deck with a railing that is less than 21' feet above the existing grade. The third floor facade is also set back almost 4' from the primary building face with the addition of a deck with open railing to reduce the streetscape mass. The proposed ridge is only 46% of the possible ridge length, leaving more open space than if the roof form used the maximum allowable. Additionally, due to the irregular shape and size, the maximum possible roof form is smaller than the adjoining structures and this proposed roof is only 37% of the size a full size lot would be able to have. 2. More Desirable Architectural Treatment The architecture of the proposed residence will be of a cottage nature with the main walls being stucco with wood detail accents at the doors, windows and building comers. A multi- step horizontal "belly band" between the first and second floors and between the second and third floors will help visually reduce the height of the structure. The use permit granting relief from the mid - height requirement allows a more conventional roof slope and organization of the front elevation elements than a strict adherence to the mid - height requirement. 3. Height Would Not Result in Undesirable Relationships w/ Existing Structures The proposed structure will have a ridge height of approximately 28' -6" that is only 26' long versus a maximum possible ridge 57' long. Of the 110 homes in the immediate neighborhood, more than 40°% have ridge heights of 24' to 29' including 20 of the 24 properties that have bay frontage. Due to the irregular shape of this lot, the roof will be smaller than many others as outlined in item 1 4. Use Permit Does Not Create Additional Square Footage The granting of this use permit does not create more floor area, it only makes a little more headroom for the third floor activity room. The building ridge would stay the same if the use permit is not granted and the building bulk would be substantially similar regardless of the roof pitch. RECEIVED BY PLANNING DEPARTMENT JUL 2 82009 end CITY OF NEWPORT BEACH REQUIRED FINDINGS FOR MODIFICATION PERMIT A. Practical Difficulties The subject property has an irregular shape of substandard size with an alley frontage of only slightly more than seventeen feet (1T). With the deduction of three feet, one inch (3' -1 ") on each side for the required side yards, the available width for a two car garage is eleven feet (11') not counting the required wall width which reduces the interior width to approximately ten feet (10'). The covered parking requirement for two cars can be met with this reduced width only by utilizing a tandem parking layout, but it substantially affects the usability of the remaining floor space as now almost thirty six feet (36') of length is used out of an available fifty five feet (55') . If the garage is allowed to encroach 10" into the side yard, and if the front encroaches one foot (1') into the front yard, a reasonable kitchen and living area can be developed. With the strict application of the zoning code and providing for the required garage area, the available space for the kitchen is pushed forward and reduces the living room area to a marginal size limiting its usage. B. Compatibility The reduction of the front setback from ten feet (10') to nine feet (9') is consistent with the front yard setback of the houses immediately to the south of the subject property, and to most of the properties within more than a 500' radius including those properties on Balboa Boulevard, a much more major street. The ten inch (10 ") reduction of the side yard setback is consistent with the encroachment allowed for thirty foot (30') wide lots when three parking spaces are provided across the rear as a mechanism to reduce the parking area impact on these small lots. Sec. 20.60.030 (e) C. No Adverse Health or Safety Effects The scope of the proposed project is in substantial conformance with the surrounding residential neighborhood and is in fact smaller in square footage and bulk than many due to the reduced size and configuration of the lot. Thus it will not create a greater environmental impact on the general area, and the immediate neighbors in particular, than the existing usage. RECEIVED BY PLANNING DEPARTMENT JUL 2 82909 CITY OF NEWPORT BEACH end a3 RECEIVED BY PLANNING DEPARTMENT REQUIRED FINDINGS FOR VARIANCE JUL 2 S 2009 1. Exceptional circumstances: CITY OF NEWPORT BEACH The subject property is substandard in size as a result of a lot split in the early 1900's, resulting in a rear property line abutting the alley that is only 17.15' long. This makes it almost impossible to create the two required parking spaces side by side. Therefore the parking is in a tandem configuration which leaves a long, skinny, inefficient usable space on the first floor 2. Protect property rights: As a result of the substandard lot size, it is extremely difficult to provide the required parking without using up a substantial amount of the available buildable area of the first floor as compared to a traditional lot. Additionally, as a result of the lot split creating the substandard lot size, the maximum allowable square footage that can be developed on the site is reduced by more than 30% compared to the neighboring properties. 3. Granting of the application: Although this application requests several exemptions from the zoning code, the end result is a home that is still considerably less intensive than the benefits that the owners of a typical lot in the neighborhood could enjoy. a. The strict application of the code only allows 1,873 square feet. The proposed residence will be approximately 2.268 square feet while a typical lot enjoys an allowable square footage of 2,688. b. The roof of the proposed new residence will be at a 4:12 pitch with the ridge ai approximately 28'x' (below the maximum of 29') c. The roof midpoint will be above the current maximum requirement of 24', but the roof parameters are within the range that is in the revised roof height provisions of the proposed new zoning code. d. To provide the required parking, a ten inch (10 ") encroachment into the south side yard setback is requested similar to the exception provided by 20.60.030.E 4. Detriment to the Neighborhood: The project would not be a detriment to the neighborhood as the required parking is provided, the building scale and mass are similar, the open space is provided so light and ventilation to the adjoining properties is not reduced. The only encroachment requested is ten inches into the south side yard setback for the garage. The existing structure encroaches at least two feet (and three feet at the garage) into the three foot north side yard setback. The garage, which only provides parking for a single vehicle, also encroaches up to three feet into the three foot south side yard setback and one foot into the five foot rear setback. end �q Attachment No. PC 3 Project Plans w u� � c r n b^ m o If � y �.Z d d O FT K T W pV ai D O �5yg z Po 00 50m pro 06 �zo 0 o n o on b s u e g _W -x- it _ ... __ 'Y. ' '1_ 'I _ `ll R ii Yi a . . . . . . . . (¢P Y 5� u e 4 H Mk p' lom 59� i \p I I i i C. l 8R IN y[ y� 4b 1� S R sa � (¢P Y 5� u e 4 H Mk p' lom 59� i \p I I i i C. l R igg Barry Walker, Architect Proposed Goldring Residence j 4 j -17 P.O. Box 11888 Root Plan 909 Undo Avenue 9 Newport Beech, California 92658 Newport Boneh, California k €M J�pp Aga � � s R igg Barry Walker, Architect Proposed Goldring Residence j 4 j -17 P.O. Box 11888 Root Plan 909 Undo Avenue 9 Newport Beech, California 92658 Newport Boneh, California m I � D A a 1Jn T y� Y rypD p c� w b z y'a AI D a BECSTMBY pLANNMG DEPARTME14T JUL 232099 CITY OP NEWPORT BEACH Barry Walker, Architect Proposed Goldri. Residence [C-04 P.O. eox vase Floor Plans 309 tmao a•wvue Newport Beach California 92658 Newport Beach California 949246.4065 fax 716549.1495 SOUTH ELEVATION NpRTH ELEVATION w FRONT (STR @TJ ELEVATON REAR (A1LEYj ELEVATION a