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HomeMy WebLinkAboutHarrington Residnece (PA2004-051)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 May 20, 2004 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner runq(&citv.newport- beach.ca.us (949) 644 -3208 SUBJECT: Appeal of Modification Permit No. 2004 -020 Harrington Residence, 1931 Port Laurent Place (PA 2004 -051) APPLICANT: Bruce E. Harrington BACKGROUND: On March 17, 2004, the applicant submitted a Modification Permit application to allow the construction of a freestanding fireplace, with an overall height of 10 feet and 9 feet in width, to encroach 5 feet into the 10 -foot rear yard setback. During the review process, staff discovered and informed the applicant of a discrepancy between the written encroachment request and what is shown on the submitted plans dated February 19, 2004. The submitted plans contained no setback information and the property lines were not labeled. When measured, the actual encroachment of the proposed fireplace is 7 feet, 6 inches not 5 feet as stated in the Modification Permit application. The discrepancy between the language in the Modification application and the plans was identified and discussed during the hearing. The applicant wanted a continuance so the item could be re- noticed, but the Committee felt that the increased encroachment would not affect the outcome of the Committee's decision. The applicant acknowledged the discrepancy and requested the Committee to proceed with the application. On April 7, 2004, the Modifications Committee voted 3 ayes and 0 noes to approve a modified project by limiting the encroachment of the fireplace to 5 feet within the required 10 -foot rear yard setback. The Committee also voted to reduce the height of the fireplace to 8 feet tall and 9 feet wide. The applicant disagreed with the Modifications Committee's action, on April 21, 2004, the applicant filed the subject appeal. Harrington Residence May 20, 2004 Page 2 moaitication Permit No 2004 -020 W A2004 -051 Current Deveb ment: le Fami Residence To the north: ffalo Hills Park To the east: it le Famil Residential To the south: le Fami Residential To the west: le Famil Residential Harrington Residence May 20, 2004 Page 3 On April 22, 2004, the applicant submitted revised plans labeled as L -2a and dated April 13, 2004, containing correct setback dimensions and property lines for the appeal hearing. During the review of the appeal, it was discovered that a countertop and built -in barbeque unit in the northwest corner of the property, encroaches in the side and rear yard setbacks. The structure was not listed as an encroachment with these setbacks in the original application and the encroachment was not considered by Modifications Committee. Therefore, staff is requesting that the Planning Commission consider the additional encroachment in conjunction with the appeal. The additional encroachments have been included in the noticing of the appeal. DISCUSSION: Located at the end of Port Laurent Place, with the northerly side of the property overlooking the greenbelt of Harbor View Homes (Buffalo Hills Park), the subject property is an irregular - shaped lot and is located in the PC (Harbor View Hills Planned Community, Area 7) District. The Harbor View Hills Planned. Community District Regulations allow fences and walls to be up to 8 feet in height and may be located within the 5 -foot side and 10 -foot rear yard setbacks. The Planned Community District Regulations do not provide any relief for the installation of freestanding fireplaces and countertops and built -in barbeques and consequently they are subject to the applicable setback standards and allowable encroachment standards of the Zoning Code. Appeal: The rationale behind the Modifications Committee's action was that the allowance for an 8 -foot high freestanding fireplace should be consistent with the current limitations that apply to fences and walls within the Harbor View Hills Planned Community. The Committee was also of the opinion that the solid nature of the fireplace was significantly different from a trellis structure that is permitted by the Planned Community District regulations to encroach within 3 feet of the side and rear property lines. The Modifications Committee approved the 5 -foot encroachment and placed a height restriction on the fireplace, finding that they would be acceptable and not be detrimental to the neighborhood. The Committee modified the applicant's request based upon the findings contained in the attached approval letter (see Exhibit 2): The applicant is requesting that the Planning Commission consider their appeal and approve their request to allow the free - standing fireplace to encroach 7 feet, 6 inches into the required 10 -foot rear yard setback and to allow the fireplace to be at a maximum height of 9 feet, 6 inches. The applicant cites the following supporting factors for the appeal: Harrington Residence May 20, 2004 Page 4 • The location and height of the proposed fireplace will not cause any view impairment to anyone and such location adjacent to the kitchen is the most logical placement. • The fireplace as proposed will not be visible from either adjacent properties. The applicant also believes there is no credible justification to limit the height as approved by the Committee. Please refer to Exhibit 3 for further information. In conclusion, staff recommends the Planning Commission uphold the Modifications Committee's decision. Barbeaue Unit: The property had an old barbeque unit located at the northwest corner of the property, adjacent to the community's greenbelt. This unit was built with a concrete foundation that encroached 3 feet 6 inches into the required 5 -foot side (north) property line; and 2 feet into the required 10 -foot rear (west) property line. The unit has recently been demolished. A portion of the footing still remains with a gas line connected to the residence. The applicant is now proposing to construct a new gas grill at the same location with the addition of a 36 -inch high, L- shaped countertop. The new countertop will encroach 4 feet 3 inches into the required 5 -foot side yard setback and 8 feet 6 inches into the required 10 -foot rear yard setback. The new barbeque will be situated on top of the 36 -inch built -in counter top. The replacement of a barbeque unit at the same location and the addition of a countertop would require an approval of a Modification Permit as they encroach into the required side and rear yard setbacks. Section 20.60.030.A.1 of the Municipal Code does not identify barbeque units as a permitted encroachment. This section allows fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than 6 feet in height, to be located within any required side or rear yard setbacks when not abutting an alley. Furthermore, Section 20.60.030.A.3 allows accessory buildings, including housing for mechanical equipment, not more than 6 feet in height, and totaling no more than 150 square feet, may be located within any required side yard to the rear of the front setback or within any required rear yard when not abutting an alley. Barbeque units and freestanding fireplaces are not considered similar structures to qualify for either exemption due to concerns that they may potentially create smoke and odor nuisances, and cause safety concerns to the adjoining properties if they are located too close to the property lines. After reviewing the revised site plan and conducting a field inspection, staff believes that the barbeque unit with a new countertop will not be a nuisance to the adjoining property located to the rear of the subject property. This resident property grade of approximately 20 feet and ha., property line for screening. The distance between approximately 40 feet; therefore, smoke and/or od be an issue. There are no public views through would be affected by the proposed barbeque unit. I counter including the gas grill would be far less cause a view obstruction any adjoining properties. has no concerns with the proposed encroachment side yard setbacks. Environmental Review: Harrington Residence May 20, 2004 Page 5 is situated below the subject dense landscaping along the rear barbeque unit and this residence is :)r from the barbeque unit should not or across the. subject. property that = urthermore, the height of the built -in Than 6 feet in height and would not The Planning Department, therefore, of the barbeque unit in the rear and The project qualifies for a Class 1 (Existing Facilities) exemption from the California Environmental Quality Act which exempts the remodel and addition to the existing single family residence from CEQA review. 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 10 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. RECOMMENDATION: Staff recommends that the Planning Commission approve the encroachment of the built -in barbeque unit; deny the appeal by upholding and affirming the decision of the Modifications Committee. A draft resolution for this recommendation has been prepared for consideration, which includes conditions applied by the Modifications Committee. The Planning Commission has the following additional options for the appeal: 1. Grant the appeal and approve Modification Permit No. 2004 -020 as requested by the applicant. 2. Modify any aspect of the approved Modification Permit deemed necessary. 3. Refer the project back to the Modifications Committee for further consideration. Prepared by: Submitted by: Harrington Residence May 20, 2004 Page 6 M. Ung, soociate Planner Patricia L. Terbple, PI nni - ng Director 1. Resolution No. 2004 -_; findings and conditions of approval 2. Modification Permit Letter dated April 7, 2004 3. The Appeal Application 4. Full -size Plans (for the Commissioners only) EXHIBIT 1 DRAFT RESOLUTION I RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. 2004-020 FOR PROPERTY LOCATED AT 1931 PORT LAURENT PLACE (PA2004 -051) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Bruce Harrington, with respect to property located at 1931 Port Laurent Place, and legally described as Lot 51 of Tract 7031, requesting an approval of a Modification Permit to allow the construction of a freestanding fireplace, with an overall height of 10 feet and 9 feet in width, to encroach 7 feet, 6 inches into the required 10400t rear yard setback. WHEREAS, the Modifications Committee, on April 7, 2004, voted 3 ayes and 0 noes to approve a modified project by limiting the encroachment of the- fireplace to 5 feet within the required 10 -foot rear yard setback, reducing the height to '8 feet tall, and limiting the width to 9 feet wide. WHEREAS, the applicant filed an appeal of the Modifications Committee on. April 21, 2004. WHEREAS, in preparation of the appeal, it was discovered that the countertop and built -in barbeque located in the northwest comer of the property encroach in the side and rear yard setbacks. These structures are not permitted encroachments pursuant to the Harbor View Hills Planned Community District or Section: 20.60.030 of the Zoning Code. This encroachment was not considered by the Modifications Committee. WHEREAS, a public hearing was held on May 20, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the General Plan Land Use designation for the property is Single Family Detached, and the lot is zoned PC (Newport Hills Planned Community) District. WHEREAS, the limited encroachment of the fireplace proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Harbor View Hills Planned Community District Standards based on the following findings: 0 City of Newport Beach Planning Commission Resolution No. Page 2 of 5 The highest portion of the fireplace will not exceed the height allowed for a wall or fence within the side and rear setbacks established for that zoning district. 2. The placement of the reduced height fireplace at 5 feet from the rear property line is a minor encroachment into the required 10 -foot rear yard setback that is consistent with the permitted height of solid fences and walls that can be located on the rear property line. 3. The solid nature of the fireplace is a significant encroachment that if allowed at the increased height would not be consistent with the legislative intent of the Harbor View Hills Planned Community District Regulations that limits the types of structutres that may located within the side and rear yard setbacks (i.e., a trellis structure consisting of trellis and open beam construction permitted by the Planned Community District regulations permitted to encroach to within 3 feet of the side and rear property lines). 4. The freestanding fireplace is an accessory structure generally located on residential properties. 5. There is no adjoining residence to the north. 6. The neighboring residence to the rear is situated below the subject property and the height of the fireplace was reduced to eliminate potential visual impact. 7. There is a neighborhood park adjoining subject property adjacent to the side property line which is not considered a sensitive land use. 8. The front and side yard setbacks will be maintained. 9. The proposed fireplace will not obstruct public views from adjacent public roadways or parks because there are no public views through or across the subject property affected by the proposed fireplace. WHEREAS, the encroachment of the countertop and barbeque unit in the rear and side yard setbacks will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: The barbeque unit with a new countertop will not be a nuisance to the adjoining property located to the rear of the subject property as this resident is situated below the subject property grade of approximately 20 feet and has dense landscaping along the rear property line for screening. The distance between barbeque unit and this resident is approximately 40 feet; therefore, smoke and/or odor from the barbeque unit would not be an issue. I City of Newport Beach Planning Commission Resolution No. Paae 3 of 5 2. There is no adjoining residence to the west. 3. There are no public views through or across the subject property affected by the proposed barbeque unit. 4. The barbeque unit and a new 36 -inch high countertop will be no higher than the height of an allowed fence or wall. WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Modifications Permit No. 2004 -020 (PA -2004 -051), subject to the Conditions of Approval set forth in Exhibit "A ". Section 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 or this action is called for review by the City Council in accordance with the provision of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MAY 2004. AIN Earl McDaniel, Chairman Michael Toerge, Secretary AYES: NOES: la City of Newport Beach Planning Commission Resolution No. Paqe 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. 2004-020 The development shall be in substantial conformance with the approved plans dated April 13, 2004, except as noted in the following conditions. 2. Prior to issuance of building permits, the property corner markers at the rear of the lot shall be located and said information shall be included with the plans submitted for building permits to the Building Department. If the property comers are not located, a survey shall be performed to locate the property corners at the rear property line and said survey shall be included with the plans submitted for building permits to the Building Department. The corner survey shall be recorded with the County. 3. The fireplace structure shall maintain a minimum rear yard setback of 5 -feet from the rear property line. The fireplace shall also maintain the minimum 5 -foot side yard setback distance from the side property line. 4. The highest part of the fireplace structure or spark arrestor shall measure no higher than 8 feet measured from the existing grade directly below it. The width of the complete fireplace structure shall be limited to 9 feet wide. 5. The structures shall comply with Building Codes for siting and for appliance requirements. 6. Prior to the final of building permits, the applicant shall obtain approval for revisions to the construction plans that include details for the exterior fireplace and chimney. The revisions shall reflect the height of the chimney and chimney cap /spark arrestor and shall comply with the Uniform Building Code and the Zoning Code. 7. Prior to issuance of the building permits for the fireplace and trellis structures, the property owner shall obtain written approval from the easement holder(s) of the proposed site plan and the location of the proposed improvements within the easement area adjacent to the rear property line. 8. The freestanding fireplace shall be restricted to gas burning only. Wood burning or the burning of any smoke producing combustible product is prohibited, unless the fireplace is relocated outside of the rear yard setback. 9. The barbeque unit shall maintain a minimum side yard setback of 1 foot 6 inches and a minimum rear yard setback of 8 feet. City of Newport Beach Planning Commission Resolution No. Pape 5 of 5 10. The countertop shall maintain a minimum side yard setback of 9 inches and a minimum rear yard setback of 1 foot 6 inches. 11. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 12. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 13. A building permit shall be obtained prior to commencement of the construction. 14. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. 15. The Modification Permit Letter dated April 7, 2004, is hereby voided from this date forward upon approval of MD2004 -020. �a April 7, 2004 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Bruce E. Harrington 2240 University Drive, Suite 100 Newport Beach, CA 92660 MODIFICATION PERMIT NO. MD2004 -020 (PA2004 -051) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Application No: Modification Permit No. MD2004 -020 (PA2004 -051) Applicant: Bruce E. Harrington Address of Property Involved: 1931 Port Laurent Place Legal Description: Lot 51, Tract 7031 Request as Modified and Approved: Request to allow the construction of a freestanding fireplace that will encroach 5 feet into the required 10 -foot rear yard setback. The fireplace as approved was reduced in height to measure no more than 8 feet tall and 9 feet wide. The Harbor View Hills Planned Community District Regulations provide fences and walls to be up to 8 feet in height and may be located within the 5 -foot side and 10 -foot rear yard setbacks. The Committee was of the opinion that the allowance for an 8 -foot high freestanding fireplace would be consistent with the current limitations that apply to fences and walls. The Committee was also of the opinion that the solid nature of the fireplace was significantly different from a trellis structure (consisting of trellis and open beam construction) that is permitted by the Planned Community District regulations to encroach within 3 feet of the side and rear property lines. The Planned Community District Regulations do not provide any relief for the installation of freestanding fireplaces that are subject to the default setbacks of 10 feet (rear) and 5 feet (sides). The Committee was of the opinion that the reduced height to 8 feet and the 5 -foot setback at the rear property line would be consistent with the 5- foot side yard setback required for the placement of the freestanding the fireplace. The property is located in the PC (Harbor View Hills Planned Community, Area 7) District. Request to allow the construction of a freestanding fireplace that will encroach 5 feet into the required 10 -foot rear yard setback. The fireplace measures approximately 10 feet tall and 9 feet wide. The Newport Hills Planned Community District Regulations do not provide any relief for the installation of freestanding fireplaces and therefore is subject to the default setbacks of 10 feet (rear) and 5 feet (sides). VICINITY MAP fix` #T8BC1�4 ✓ - . �<Im 5881 i i81Yi 3$18 i8E 388Q Modification Permit No. MD2004 -020 PA2004 -051 1931 Port Laurent Place 15 April 7, 2004 Page - 2 On April 7. 2004, the Modifications Committee voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Harbor View Hills Planned Community district standards based on the following findings: FINDINGS. 1. The Land Use Element of the General Plan and the Harbor View Hills Planned Community district regulations designate the site for "Single- Family Detached" residential use and the existing residential structure is consistent with this designation. The fireplace is accessory to the primary use. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. The modification to the Zoning Code and the planned community regulations as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this district for the following reasons: • The fireplace will bum non - combustible material only. • The highest portion of the fireplace will not exceed the height allowed for a wall or fence within the side and rear setbacks established for that zoning district. • The placement of the reduced height fireplace at 5 feet from the rear property line is a minor encroachment into the required 10 -foot rear yard setback that is consistent with the permitted height of solid fences and walls that can be located on the rear property line. • The solid nature of the fireplace is a significant encroachment that if allowed at the increased height would not be consistent with the legislative intent of the Harbor View Hills Planned Community District Regulations that limits the types of structutres that may locate within the side and rear yard setbacks (i.e., a trellis structure consisting of trellis and open beam construction permitted by the Planned Community District regulations permitted to encroach to within 3 feet of the side and rear property lines). J� April 7, 2004 Page - 3 4. The modification to the planned community regulations as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: • The freestanding fireplace is an accessory structure generally located on residential properties. • The fireplace as approved and conditioned will not be permitted to burn smoke producing combustible materials that would produce smoke or ash that would adversely affect neighboring properties. • The solid nature of the fireplace is a significant encroachment that if allowed at the increased height would have an adverse or detrimental effect on the neighboring property. • The neighboring residence to the rear is situated below subject property and the height of the fireplace was reduced to minimize the impact. 5. The proposed fireplace will not affect the flow of air or light to adjoining residential properties because: The structure is located at the rear of the lot and the height was limited not to exceed the permitted height for fences and walls located within the rear yard setback. • There is a neighborhood park adjoining subject property adjacent to the side property line. • The fireplace will be no higher than the height of an allowed fence or wall. The front and side yard setbacks will be maintained. 6. The proposed fireplace will not obstruct public views from adjacent public roadways or parks because: • There are no public views through or across the subject property affected by the proposed project. CONDITIONS: I . The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. A copy of this modification permit approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans, whichever is applicable. 3. Prior to issuance of building permits, the property corner markers at the rear of the lot shall be located and said information shall be included with the plans submitted for building permits to the Building Department. If the property corners are not located, a survey shall be performed to locate the property comers at the rear property line and said survey shall be included with the plans submitted for building permits to the Building Department. The corner survey shall be recorded with the County. I I. April 7, 2004 Page - 4 4. The fireplace structure shall maintain a minimum rear yard setback of 5 -feet from the rear property line. The fireplace shall also maintain the minimum 5 -foot side yard setback distance from the side property line. 5. The highest part of the fireplace structure or spark arrestor shall measure no higher than 8 feet measured from the existing grade directly below it. 6. The structures shall comply with Building Codes for siting and for appliance requirements. 7. Prior to the final of building permits, the applicant shall obtain approval for revisions to the construction plans that include details for the exterior fireplace and chimney. The revisions shall reflect the height of the chimney and chimney cap /spark arrestor and shall comply with the Uniform Building Code and the Zoning Code. 8. Prior to issuance of the building permits for the fireplace and trellis structures, the property owner shall obtain written approval from the easement holder($) of the proposed site plan and the location of the proposed improvements within the easement area adjacent to the rear property line. 9. The freestanding fireplace shall be restricted to gas burning only. Wood burning or the burning of any smoke producing combustible product is prohibited, unless the fireplace is relocated outside of the rear yard setback. 10. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 11. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 12. A building permit shall be obtained prior to commencement of the construction. 13. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. IS April 7, 2004 Page - 5 The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. A filing fee of $915.00 shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans. MODIFICATIONS COMMITTEE By Javier 13. Garci , AICP, Senior Planner Chairperson JSG:mem F:IUSERSIPLNIShared\PA's1PAs - 20041PA2004- 0511MD2004 -020 appr.doc Attachments: Vicinity Map Letter in Opposition: Richard Sungaila, 1827 Port Stanhope PI Appeared in Support: None 1� EXHIBIT 3 THE APPEAL APPLICATION 0 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE MODIFICATIONS COMMITTEE Application No. Modification Permit No. MD2004 -020 (PA2004 -051) Name of Appellant or person filing: ar„ce y.- Barrington Phone: 9&q/7s? —firma Address: 2240 University Drive Suite 100 Newport Beach CA 92660 Date of Modifications Committee decision: April 7 2004 Regarding application of: Bruce E. Harrington for (Description of application filed with Modifications Committee) n o In' rear yard set back for free standing outdoor fireplace plus approval that overall height to be 9_0 including 6" spark arrester Reasons for Appeal: See attached Addendum Date April 21, 2004 Of PLANNING DEPT. SECRETARY or STAFF FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: 20 _ Hearing Date. An appeal shall be scheduled for a hearing before the Planning Commission within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.050) cc: Appellant RECEIVED BY Planning (Furnish one set of mailing labels for mailing) PLANNING DEPARTMENT File CITY OF NEWPORT BEACH APPEALS: Municipal Code Sec. 20.95.0406 APR 21 2004 �� Appeal Fee: $875 pursuant to City Council Resolution 2002 -69. 8 9 )p l l 12 1 2 3 6 111 1 1 111111 (Deposit funds with Cashier in Account #2700 -5000) rt F:lUserskPLN\ShoreMForms 2000k01d Formsk1formslmodappeal.doc d ADDENDUM TO APPLICATION TO APPEAL DECISION OF THE MODIFICATIONS COMMITTEE 1931 Port Laurent Place, Newport Beach, CA 92660 [Modification Permit No. MD2004 -020 (PA2004 -051)] BACKGROUND The subject lot is located in Harbor View Homes (the so- called Port Streets). Unlike virtually all other vanilla sited lots in this subdivision, the subject lot is holy unique: A. The subject lot is located at the end of the street overlooking the greenbelt. The greenbelt slopes severely away from the subject lot, down toward Newport Hills Drive. B. The neighbor's lot at the rear is approximately 20' below the grade of the subject property, which is the same grade as the adjoining park. Further, the rear lot is improved with a single story home. C. The net result is that the subject lot commands an unobstructed view over the rear neighbor's house and adjoining greenbelt toward Newport Center. Conversely, the sight line from either the park or the rear neighbor's lot is angled upward so that one can only see the upper portion of the second story of the house on the subject lot. Structures that are 10' or lower in our rear yard are NOT visible from either the park or the rear neighbor's lot. D. Unlike most all Port Street houses, the house on the subject lot is not square with the rear property line, thus creating an odd - shaped rear yard. The rear yard closest to the greenbelt is . approximately 15' from the rear of the house, while the rear yard adjacent to the side yard neighbor's lot is approximately 40'. E. The kitchen of the subject lot is located on the greenbelt side of the house. The proposed fireplace and surrounding BBQ area are located in the rear yard closest to the greenbelt, thus allowing quick and easy access to the fireplace and BBQ area from the kitchen. F. The fireplace and accompanying seating walls, patio area and BBQ counter are layed out parallel to the rear elevation of house, not parallel to the rear property line. This configuration is the root cause and need for the requested rear yard encroachment for the proposed outdoor fireplace. G. The members of the Planning Commission are encouraged to walk the subject lot prior to the scheduled May 20, 2004 appeal hearing and see for themselves unique nature of the property and the physical location of the proposed fireplace foundation relation to the park, kitchen and surrounding neighbor lots. A mock -up of the fireplace has been constructed in the precise location as shown on the improvement plans and specification. The 5' encroachment line has been demarcated with colored twine, thus allowing a clear showing of the small portion of the fireplace that encroaches toward the rear lot line. Please contact Bruce Harrington by phone at 949/752 -6000 or by email at wardoeli @aol.com to arrange a convenient time to visit the property. I will make myself available anytime on Monday, Tuesday, Wednesday or Thursday preceding the Thursday evening appeal hearing. AGREED FACTS FOR PURPOSES OF APPEAL Planning staff and the applicant have agreed to the following baseline facts for purposes of appeal to the Planning Commission: C:\DWP\1006 \00 -341 (Laurent Appeal).doc P_ i A. The original modification application requested an encroachment "approximately 5'into rear yard set back for a free standing outdoor fireplace, plus okay for overall height to be 9.5' including 6" spark arrester ". The modification committee's approval only allowed a 5' encroachment, even though the plans show the need for a 7'6" encroachment for the comer of the fireplace nearest the greenbelt. B. The plans and specifications accompanying the modification application in fact showed the fireplace straddling the 5'encroachment line, such that approximately two- thirds of the fireplace is located within the staff approved 5' encroachment line and one -third encroaches further toward the rear property line. At its closest place from the rear property line, the greenbelt corner of the fireplace is 2'6" from the rear property line. C. The originally submitted plans have been supplemented for purposes of this appeal with a new Page L -2A that shows (i) a reproduction of a boundary survey signed by a licensed land surveyor and (ii) dotted lines for the 10' and 5' setbacks from the rear property line. D. The discrepancy between the language in the modification application and the actual plans and specifications was discussed at the modification hearing. The committee was of the opinion that no portion of the fireplace should encroach any closer than 5' from the rear property line. Further, the committee determined that even if the application language were in conformance with the plans, that its decision would be no different. The staff and applicant have agreed that the record from the modification committee should assume that the language of the modification application was in conformance with the plans and specifications and that the original application should be deemed to have requested an encroachment as shown on the plans and specifications. CONDITIONS AND FINDINGS OBJECTED TO IN THIS APPEAL 1. Staff has concluded that it is okay for the front 213rds of the fireplace to encroach five feet into the required 10 -foot rear yard setback (deemed by staff to be a "minor encroachment "). However, staff asserts that the remaining one -third of the fireplace cannot encroachment any further, with no credible justification given other than a vague reference to the "legislative intent" (whatever than means) of the Harbor View Hills Planned Community District Regulations. In fact, there is no credible justification for staff s position. An objective and rational analysis of the subject application in light of the unique characteristics of the subject lot can yield only one conclusion: the location and height of the proposed fireplace will not cause any view impairment to anyone and such location adjacent to the kitchen is the most logical placement. Conclusion: Condition 4 should be rewritten to allow the location of the fireplace to straddle the five -foot encroachment line as shown on the submitted plans and specifications, with the greenbelt -side of the fireplace not encroaching any closer than 2'6" from the rear property line. 2. The application requested approval of a 9'6" high fireplace, which included a 6" spark arrester sitting in the center of the chimney (the spark arrester is approximately 8" round). Thus the application requested a 9' high chimney. Staff states that the fireplace measures "approximately 10 feet tall," which is a mischaracterization of what is shown in the plans and what was requested. Staff concludes that no portion of the fireplace including the spark arrester can exceed 8' from grade. In essence, Staff is requiring the fireplace to be 7'5" tall with a 6" arrester. Whether 8, 9 or 10 feet tall, the fireplace as proposed will not be visible from either the grade level of adjoining park or the grade level of the rear lot. The same would be true with a trellis in this location (which was previously located on the subject lot in the same general encroachment area As proposed for the fireplace). There is not credible justification to limit the height as proposed by Staff. Conclusion: Condition 5 should be rewritten to allow the fireplace chimney to be no higher than 9', and the fire arrester to be no higher than 6 ", for an overall height of 9'5". C:\DWP11006\00 -341 (Laurent Appeal).doc MAY,. -13' 04 (THU( 08:21 ELI DEVELOPMENT CORP TEL 949 752 1187 P,002 Newport Hills Community Association March 4, 2004 Brice Harrington 1931 Port Laurent Place Newport Beach, CA 92660 RE: NEWPORT RILLS COMMUNITY ASSOCIATION ARCHITECCURAL APPLICATION Dear Mr. Harrington: The Architectural Committee for the Newport Hills Community Association met and approved your plans for a hardseapellandscape, subject to the following. 1) Provide neighbor awareness form. 2) Please note the fireplace setback from rear property line. 3) The maximum height of a free - standing fireplace is 9 -feet above finish ground floor of the home. The proposed fireplace is 9 -feet 10- inches plus spark arrester. 4) Please note the patio cover setback from rear property line. If the setback is less than 10 -feet, the patio cover will have a maximum height of 9 -feet above finish ground floor of the home. 5) This review is for work on your property only. (Please reference note 3 on sheet L -2). 6) New and existing sideyard gate(s) and fence(s) facing the street shall be painted to match house or existing fence. n The light source for directional uplights and floodlights must be shielded from direct view from neighboring properties. 8) Trees are proposed to be planted close to rear and sideyard property lines. Branches protruding over neighboring property lines must be kept trimmed to the satisfaction of the affected homeowner. Please note that the Architectural Committee has approved your plans in concept only, subject to a modification to the above noted items. You will be required to submit and receive architectural approval of your final working drawings prior to any work commencing. The improvement shall be in conformity with the plans and specifications submitted with your request. All work shall be done in a timely and workmanship manner, with the necessary permits and otherwise in compliance with all applicable building codes and other governmental rules or regulations. The work shall be done in such a manner and at such times so as to cause do Villul;MW MwagemM%Inc. —P.0. Bo :4708 — !Nine, CA 91618 (949) 450.1515 — Fox (949) 585.0146 11VIIIageway031Pr0jcctWewP0n Hills Comm 0691Archimcwral & CIMArch Appvls Donielsi200411931 Port L=m eonappv1030404.doe MAY., -13' 04(THU) 08:22 EL! DEVELOPMENT CORP TEL:949 752 1187 P. 003 Newport Hills Community Association 1931 Port Laurent Place March 4, 2003 Page 2 of 2 the least disturbance to other residents, and you shall be responsible for any damage caused by the installation to the common area or property not belonging to you. The improvement must commence with 60 -days from the date of this letter. This approval is effective for a period not to exceed 180 -days after the date of this letter, and automatically terminates if the improvement does not take place within such time. Remember, as the owner of the property you are required to abide by the Declaration of Covenants, Conditions, and Restrictions- Therefore, please inform your contractor and suppliers that they are not allowed to post a sign advertising their services in front of the residence. If you have any questions regarding this matter, please do not hesitate to contact this office at (949) 450 -1515, exwmion 250. Thank you. Sincerely, VILLAGEWAY MANAGEMENT, INC. 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Cc m p=• o. ce yt re �' I n N m yi O m m 3� W FI+ p OOff as A= p�� �• `C m 3 O� j m3 ig I °dam �g a > c m m sag'�°z3 m ?_ 1� m L; van mew 3 o � m �.�•�°.C3 am • v �m7O z = 03 m �imsm3 �7 S a a m 3 I P. 006 O 2 Q C Z M4 B n w e m P P m A � W m 1 2 $ a Q 'clip w M R GC m l�Jl W w $T mg v mr'� t cA m O Qv : r w Q m m TEL :949 152 1181 �S n �p C 7 Q. m 17 are o m a 14 F p sa 33. mm�gg 4 mgigfPd 5c .r z dmi =m 33' r] - � = � s O s � a of m 3 �n m IN m � � m R. �m a.� =mm `C pm s 0 S. Cc m p=• o. ce yt re �' I n N m yi O m m 3� W FI+ p OOff as A= p�� �• `C m 3 O� j m3 ig I °dam �g a > c m m sag'�°z3 m ?_ 1� m L; van mew 3 o � m �.�•�°.C3 am • v �m7O z = 03 m �imsm3 �7 S a a m 3 I P. 006 O 2 Q C Z M4 EXHIBIT 4 FULL -SIZE PLANS M