HomeMy WebLinkAboutLugo Residence (PA2003-216)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
November 6, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, g ram irez (cD city. newport- beach. ca. us
SUBJECT: Appeal of the disapproval of Modification Permit No. 2003 -091
Lugo Residence, 1807 Irvine Avenue
(PA 2003 -216)
APPLICANT: Michael Lugo and Dalia Badajos -Lugo
BACKGROUND:
On October 1, 2003, the Modifications Committee voted 3 -0 to disapprove Modification
Permit No. 2003 -091. The applicant subsequently filed an appeal of this action, which is
why this item comes before the Planning Commission. In conjunction with the
construction of a new single family residence located in the R -1 -13-2 Zoning District, the
applicant has requested the following setback encroachments:
• A 5 -foot encroachment into the northerly 10 -foot side yard setback by a single
story garage;
n
• A 6 -inch encroachment into the southerly 10 -foot side yard setback by the first
and second floors of the residence;
• A 2 -foot 6 -inch encroachment into the southerly 10 -foot side yard setback by a
single story utility meter enclosure;
• A 2 -foot 6 -inch encroachment into the southerly 10 -foot side yard setback by a
second floor bathroom pop -out.
One letter in opposition to the Modification Permit was received prior to the
Modifications Committee hearing which is included in Exhibit No. 1.
Six letters in support of the proposed project have been received following the appeal of
this application to Planning Commission and are attached as Exhibit No. 3.
The applicant has submitted a revised plan reducing the proposed encroachment into
the northerly 10 -foot side yard by the garage from 5 feet to 3.87 feet, reducing the
Lugo Residence
November 27, 2003
Page 2
VICINITY MAP
1801 IRVINE AVENUE
2418 ..... 2-0OT �ti 1869 .1867.: Ml
241F �.` •2312 iw 2215
2406 2401 ; •t • -.
\ 2306 M2
2400 2921 �
r. \ 1851 fi�.._. 2'
\ l
\ 2918 2315
1748 \ 2912 2307 �rj!/ 1836 1869
'2218
1743 2306 1
1742 •`'� r f ,
y 2901 Tyr �' 1857 r.
r a' 2300 \ C/s ,., 2FU.
1737 '� •r-•� 22x7 , CpA f
�4 1749
' $Q �' • \� 2233 YY21 \� t f
j �r �.'^4 `\ . " 2200 r% f•., .
11 1742 1759 J� /`. , P228 f Y2f4 \ r rI
RIP
1753
173'0 2218 s: 2207 . • " \l .1
1736 r �,V -
r. 1747 r' P r 1756 ,'�. 22122201 f \ 1830
! r 17W 1745 1807
1737 G . � •.../ \ i ^ '\ \ti C /�0 *l
/y 1731 it !f .1/ 1746 1739 flr'^• \.` 2200 ®(y
V
1 14
r' / , fe \
_.... ...: f', 742 1733 ',` .�' :: 1
�... '..., _ lax
• 1790 1727 r Q r� 1738 1759 /�... 1806 1815
f r
1734 r
8059 �f.,. 1 ITFl . "�� rte- 1730 1747 'y r(i Sa00 1807 %
JF / i1 ItF
2054 /
+.� 1715 ...'lam}'` ! 1724 1741 '.,� jr� 4
1707 'x . 72 1801 ..
1718 ' 1735 1786 1751 �! r
1701
\, 1712
f •. 1729 ;
,r f 17910 7 � l
law
170 17 45
45
170 1723 / 1724 1799
1717 746
2W.,% 78.1711
\_
Modification Permit No. 2003 -091 PA2003 -216
Current
Development:
Single
Family
Residence
To the north:
Single
Family
Residential
To the east:
Single
Family
Residential
To the south:
Single
Family
Residential
To the west:
Single
Family
Residential
Lugo Residence
November 27, 2003
Page 3
proposed 2 -foot 6 -inch encroachment by the utility enclosure and second floor pop -out
to 1 feet 6 inches and they have withdrawn the request for the 6 -inch encroachment into
the southerly side yard setback.
Project Characteristics
DISCUSSION:
0■■-.
The applicants /appellants site the following reasons for their appeal:
■ The proposed modification will diminish the likelihood of burglaries by providing a
side loading garage that does not front Irvine Avenue
■ The proposed modification will improve ingress /egress to the property and
provide adequate parking for guests
■ The proposed modification helps reduce noise that travels from Irvine Boulevard
to the backyard.
■ A Modification Permit was granted for a structure on the property directly
adjacent to the subject property at 2200 Holiday Road in 1996.
The applicant believes that these factors should be considered and without the approval
of the Modification Permit, their ability to enjoy the property would be compromised.
(See the attached letter, Exhibit No. 2)
In order to grant relief to an applicant through a Modification Permit, the Modifications
Committee must find that the establishment, maintenance or operation of the use of the
property or building will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
Required
Propose Revised
Setbacks:
Front:
20 feet
20 feet
Right Side:
10 feet
6.13 feet
Left Side:
10 feet
10 feet
8 feet 6 inches (utility enclosure)
8 feet 6 inches 2nd floor pop -out
Rear:
10 feet
63 feet
Lot Coverage:
Lot Area = 12,750 sqft.)
60% Permitted = 7,650 sqft.
25% (3,000 sqft. approx.)
4,157 gross sqft. building)
DISCUSSION:
0■■-.
The applicants /appellants site the following reasons for their appeal:
■ The proposed modification will diminish the likelihood of burglaries by providing a
side loading garage that does not front Irvine Avenue
■ The proposed modification will improve ingress /egress to the property and
provide adequate parking for guests
■ The proposed modification helps reduce noise that travels from Irvine Boulevard
to the backyard.
■ A Modification Permit was granted for a structure on the property directly
adjacent to the subject property at 2200 Holiday Road in 1996.
The applicant believes that these factors should be considered and without the approval
of the Modification Permit, their ability to enjoy the property would be compromised.
(See the attached letter, Exhibit No. 2)
In order to grant relief to an applicant through a Modification Permit, the Modifications
Committee must find that the establishment, maintenance or operation of the use of the
property or building will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
Lugo Residence
November 27, 2003
Page 4
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed modification is consistent with the legislative intent of this
Code.
The Committee determined that approving this request in conjunction with the
construction of a new single family residence could set precedent for the approval of
other similar requests, which could be detrimental to the neighborhood. The
development regulations are clear with regard to development standards for new
construction and the subject property is of adequate size to support the construction of
new residence of similar size to that proposed while conforming to the applicable
development regulations. The proposed project was also reviewed by the Public Works
Department who believes that the lot provides enough area to accommodate a design
that provides for safe ingress and egress without encroaching into the required setback.
Modification Permit No. 4398 was approved on December 27, 1996 permitting the
relocation of a 1,800 square foot carriage house /barn to the neighboring property at
2200 Holiday Road. The structure was permitted to encroach 5 feet into the required 10-
foot rear yard setback and 5 feet into the required 10 -foot right side yard setback
(directly adjacent to the subject property). The approval was subsequently called for
review by the Planning Commission and City Council who upheld the decision of the
Modification Committee on January 18, 1996 and January 22, 1996 respectively.
The Planning Department recommends the Planning Commission uphold the
Modification Committee's decision to strictly enforce the required setbacks and staff
recommends disapproval of the revised plan. This determination is based on the finding
that the proposed encroachments may be detrimental to the surrounding neighborhood
by setting precedent for future encroachment requests. The 12,750 square foot (75' x
170') lot is large enough to accommodate a new residence that conforms to the Zoning
Code development regulations and provide safe vehicular ingress and egress.
Additionally, staff believes that sound attenuating measures can be incorporated into
the plan (i.e. block walls) and an overall secure design can be accomplished given the
size of the subject property.
Environmental Review:
The project qualifies for a Class 3 (New Construction or Conversion of Small Structures)
exemption from the California Environmental Quality Act which exempts the
construction of a single family residence from CEQA review.
Lugo Residence
November 27, 2003
Page 5
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 uphold and affirm the decision of the
Modifications Committee and disapprove the revised request.
The Planning Commission has the following options:
Refer the item back to the Modifications Committee. Staff does not recommend this
option as it does not appear to meet the Committee's expectations which is to strictly
apply all setbacks.
2. The Commission has the option of modifying the project by approving some of the
proposed encroachments.
3. The commission has the option to approved the revised plan as shown on the plans
(Exhibit No. 4).
Prepared by:
Gregg B. Ftarhirez, Associate V anner
Exhibits:
Submitted by:
241� t
Patricia L. Temple, Pla ning Director
1. Disapproval letter for Modification Permit No. 2003 -091
2. Appeal Documents
3. Letters in Support of the Proposed Project
4. Project Plans (Original Request)
5. Project Plans (Revised Request)
EXHIBIT NO. 1
Disapproval letter for Modification Permit No. 2003 -091
A
October 1, 2003
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
9300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92858
(949) 644.3M; FAX (949) 644.3229
Michael Lugo and Dalia Badajos -Lugo
2406 La Mesa Court
Costa Mesa, CA 92627
MODIFICATION PERMIT NO. MD2003 -091
(PA2003 -216)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application No: Modification Permit No. MD2003 -091
(PA2003 -216)
Applicant: Michael Lugo and Delia Badajos -Lugo
Address of
Properly Involved: 1807 Irvine Avenue
Legal Description: Lot 2, Tract 1484
Request Denied
The Modifications Committee denied the request to allow the following
encroachments in conjunction with the construction of a :new single - family
residence: a.single -story garage to encroach 5 feet into the 10 -foot northerly side
yard setback to accommodate a side access garage, the southerly side of the new
building to encroach 6 inches into the 10 -foot side yard setback, and two additional
pop -outs in the southerly side yard setback that will encroach within 8 feet of the
property line at the bathroom and within 7 -feet 6- inches at an electrical storage
room measuring 6 feet in width and 12 feet in height. The property is located in the
R -1 -13-2 District.
On October 1, 2003, the Modifications Committee voted unanimously to disapprove the
subject application (3 ayes and 0 noes) and made the following findings for denial:
FINDINGS FOR DENIAL:
In this case, the Modifications Committee determined that the proposal to
encroach into the side yard setbacks would be detrimental to persons, property
and improvements in the neighborhood. In addition, the applicant's request
would not be consistent with the legislative intent of Title 20 of the Newport
Beach Municipal Code.
I
October 1, 2003
Page 2
2. If approved, the proposed encroachments (in conjunction with the construction of
a new single - family dwelling) could set a precedent for the approval of other
similar requests which could be detrimental to the neighborhood.
3. Adequate justification to allow the proposed encroachments was not presented
in support of the request, since the lot measures approximately 75 feet by 170
feet and adequate space exists within the buildable area of the site for all new
construction. Additionally, adequate space exists on the lot to accommodate a
design to provide safe ingress and egress from Irvine Avenue to the site and
provide the minimum required parking for a single - family dwelling.
4. Adequate justification was not presented at the hearing to support the proposed
encroachments that would diminish the flow of light and air that is provided by a
building that conforms to the minimum 10 -foot side yard setback requirements.
5. All newly constructed structures on sites adjoining the subject property would
generally be required to comply with development regulations of the Zoning
Code applicable to the R- 1 -13 -2 District, including the requisite side and rear yard
setbacks.
The decision of the Committee may be appealed to the Planning Commission within 14
days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of
$915.00. Please contact the Planning Department for full particulars.
MODIFICATIONS COMMITTEE
ier S. Garcia, AI P, Senior Planner
L�Iairperson
JG:jjb
F:I USERSIPL41Shared\PA'sN- MODS\Shortcutto PA- DENYLtr- MODapp.doc
Attachments: Vicinity Map
Letter Received
in Opposition: H. Kelly, 1831 Tradewinds Ln.
Appeared
in Support or
Opposition: None
0
CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE MODIFICATIO
MD Application No. I! D Z 00 j —O q i ( Pp zoo 3—
Name of Appella
or person filing: t 1' as
2y0(o Le, meC C-f-
Address: _ mesa CA
Date of Modifications Committee decision: O&LObe., I , 20 D 3
- ... 4 ... Scan „ 1=10RT.UNIEW... WAM.�T,
oi 4.j I�
(Description of application filed with Modifications Committee) R4 03e rr,ra
-i-0 i r5 �t t rl
Reasons for Appeal:
Date /s-
Signature o an
PLAN T. SECRETARY& STAFF
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: &&& 1,5- , 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 appellan or reviewing body consent to a later date
(NBMC Sec. 20.95.050)
cc: Appellant �jyA1.I-�f�'
Planning (Furnish one set of mailing labels for mailing) CCii''��R -�-/
File
APPEALS: Municipal Code Sec. 20.95.0406
Appeal Fee: $875 pursuant to City Council Resolution 2002 -69.
(Deposit funds with Cashier in Account #2700 -5000)
F:lUsers\PLNISheredlForms 2000101d Formsllformslmodappeal.doc
To Whom It May Concern:
We respectfully appeal the decision of the Planning Board with regard to the requested
Variance. We strongly believe that the requested variance is essential to our plans to
build a new home at 1807 Irvine Ave. Without the variance, it is our belief that our
ability to enjoy the property and our rights to happiness therein will be compromised.
As you know Irvine Blvd. Is a very busy street, and quite noisy. Both our contractor
and architect feel the variance is essential to abate the noise and allow us to create a safer
residence in terms of ingress and egress. We also are concerned that the parking for our
guests would be encumbered without the variance.
We are sympathetic to the fact that the City does not wish to set precedent, but one has to
look no further than our next -door neighbor at 2200 Holiday. The City has allowed Mr.
Holland to erect a Bam whose set back is a mere few feet from our property and that of
the adjacent neighbors. The granting of that variance seems to contradict everything we
were advised of in our denial letter.
1. Reasons for appeal:
The request for the variance is for a single story garage that will be situated on the right
side of the property. We request the variance for the following reasons:
The property onl807 Irvine Ave. is hidden between the two adjacent properties. The
adjacent properties side yard fences are close to the curb on a very busy street. Due to
the speed of traffic and the position of the neighboring homes, 1807 Irvine is not visible
until you reach the property. It is well documented that when turning right into the
property any following traffic thinks that you are turning onto Holiday rather than into
1807 Irvine Blvd. We want to enhance the ingress and egress; the additional four feet
requested will assist in this goal.
Furthermore:
This variance would allow us to place the garage with a side access, which will help
prevent our personal items to be completely exposed to Irvine Avenue and diminish the
likelihood of burglaries.
This variance would allow us adequate space for parking for our guests.
This variance would allow for minimum needs for street parking in front of our
neighboring homes around the corner.
This variance would allow maximum noise abatement for our neighbors and us. The
smaller side yards will allow for less traffic noise to enter into the backyards.
We believe that the variance is within the intent of Title 20, as it does NOT encroach on
our neighbors nor prohibit their access to open space and sunlight. Prior to filing our
modification request all the neighbors immediately affected by our property were
provided a copy of the house design and the proposed setbacks. The neighbors have all
indicated their approval of our intended plans for our new home.
`?,-.
Without the reduction of the 10 feet side set backs, as property owners we do not believe
our family will be afforded a safe, peaceful, comfortable place to live.
II.
Other properties where a variance has been granted:
There have been a number of variances that have been granted, the most obvious being
our neighboring home:
Dennis Holland — Red Barn — 2200 Holiday at Irvine Ave.
We have lived in the area for over 15 years. We are community volunteers and are on
Boards of several non- profits. It is not in our nature to make requests on the basis of our
family needs without taking into consideration the effects on our neighbors and
community. We would not have ever dreamed that we would make an attempt to build
our home on such a busy and noisy street. Because of the unique property and the
challenges that come with owning this home we believe there are minimal options in
designing this home and property for overall enjoyment. Wehope when you consider
this variance you take a few minutes to visit the property and imagine what it would be
like to live in this home with your two children and frequent stays from grandparents and
relatives who are disabled: What would your needs be?
Respectfully,
Dalia Badajos Lugo
& Michael Lugo
October 15, 2003
0
EXHIBIT NO. 3
Letters in Support of the Proposed Project
1A
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
not believe that their proposed design will adversely affect us in any way.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Sign
Address
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
not believe that their proposed design will adversely affect us in any way.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Signed,
",+ t��
Addres 4/7i 4
� �rr1-r�r;wrl e5rW -11 60
16
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
not believe that their proposed design will adversely affect us in any way.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Signed,
Addres
0
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
not believe that their proposed design will adversely affect us in any way.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Sign ,
Address J
r�
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
not believe that their proposed design will adversely affect us in any way.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Signed,
I,
Address
�0�
October 2003
To: The City of Newport Beach, - Planning Commission,
Newport Beach City Council,
Newport Beach Planning Department
To Whom It May Concern:
This letter will serve to acknowledge our support of the proposed home site on
1807 Irvine Ave. It is our understanding that the Lugo Family's intends to build
a new home and will not exceed any side set backs that are in existence now.
We ask that you allow them to proceed with their home as proposed. We do
U K" U � a.
iiiii :.cucvc uia� uicii NI'v},vscG i.icJ +yli vViY: auvc1Scy ouCU U.S ifi dliy ray.
Furthermore we think that the new home will greatly enhance the neighborhood
and benefit the community as a whole.
Thank you for your consideration.
Signed, '// -
Address �2 3 i °Z
rl
EXHIBIT NO.4
Project Plans (Original Request)
Z►
V
mw xLl, aor....._. jj9 g1
Y =�i
ti3
ry 9
T
d
,p
i"G
a im r A% t
^�.,� '�'e eac't �i.ey.n Ntl'Id tlODli'lS l
,�3
Xa
=1
e "'AA
a
A5
EXHIBIT NO. 5
Project Plans (Revised Request)
ZI
M, I
.... �.�..a oul
......� «....,.., .4 bs�cv vi arz ... ..
.„, «. ......�-,.w......,� uelsaQ _ b���- .+v.:NVialoaa
xjr✓7.- p- .:..1i 4 J. Out 3N __'�/�Y.Vm..':LGwr-. ADS
.aor
-oul
9mvp
us198a
n a1
i
i
i
i
n a1
40
n a1
L
i
i
I
I
•oul
suo!suowip
usisep
r
W
suoisuewlp
u6�soa
6J`