HomeMy WebLinkAboutBrumbaugh Residence (PA 2002-001)SEW ga >� CITY OF NEWPORT BEACH Hearing Date: March 21, 2002
PLANNING DEPARTMENT Agenda Item: 5
3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber,
NEWPORT BEACH, CA 92658 949- 644 -3209
(949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Brumbaugh Residence (PA2002 -001)
201 Apolena Avenue
SUMMARY: Request for a Variance to exceed the established floor area limit and a
Modification Pen-nit to encroach 15 feet into the required 20 -foot front yard
setback; 7 feet into the 10 -foot rear yard setback; and 6 feet, 10 inches into
the setback along Apolena Avenue, for a new single — family dwelling.
RECOMMENDED
ACTION: Approve, modify or deny Variance No. 2002 -001 and Modification Permit
No. 2002 -032 (PA2002 -001).
OWNER/
APPLICANT: Mr. & Mrs. Brumbaugh, Newport Beach
LOCATION: The property is located at the northwest comer of the intersection of Park
Avenue and Apolena Avenue on Balboa Island.
LEGAL
DESCRIPTION: Easterly 40 feet of Lot 1 & 2, Block 7, Section 2
GENERAL PLAN: Two - Family Residential
ZONING
DISTRICT: R -1.5 (Restricted Two - Family Residential)
Introduction and Background
Mr. and Mrs. Brumbaugh have submitted a Variance and Modification Permit request associated
with the redevelopment of their residential property at 201 Apolena Avenue on Balboa Island.
The applicant plans to demolish the existing residence and construct a new 2,583 square foot
residence. As stated above, the project exceeds the maximum floor area limit (VA2002 -001) and
the proposed residence does not conform to the applicable setbacks (MD2002 -032).
Variance No. 2002 -001 & Modification Permit No. 2002 -032
(PA2002 -001)
201 Apolena Avenue
Current
Development:
Single - family residential use
To the north:
Residential use abutting the site
To the east:
Residential uses across A olena Avenue
To the south:
Residential uses across Park Avenue
To the west:
Residential use abutting the project site
228 22
226
724
j 7L4 22Y H6J "^
216 227
226
29
223
22l 2a5
225
229 ,
222
119
223 272 I 222 2?3
222 22
224
222
225
221
219A
717
716 g
276 �
rrW��
Y 218
219 no
! 19 218 219 - 278
1
279
J 2,6
s,5 LL
21
71
7
I 211 215
13
216
W R14
�. 212
g TI6 216 2t7
27 214 215 � 214
21
1 17
14 21
.. 27a
:275
217
212
210 211
= atb
T12
211 211 212 213
21p 209,[? 210 I 21
ms am s 2
12 21J
216 211
'..
212
210
213
2 }f W
216 207
i
a m8
..
zm
2-07 20718
m8
206 20
m6
.207
2135
m4
,.
265 .. 2204 2� 20s
m4 Io
2
20a
m2
203
7L1
Bbl 201
...
20 tmb 761 . I 6 6 10l 20
� 2m
I 0 20
i
725
126 2
724 j' 2
126
r24
127 126 127 128
12 124
126 B 19125
Y24 125
]16i 127
12
119
125
122
29
j
' , 122 12 ! 122
76 12 120 Subject Property
I
118
li
I79 118 111 118
8 118 11
116 117
118
119
11
114 175
118
11 114 it 714
17 11
1I
112 ttJ
11
113 712 I, 112 17
1 13
-112
713
109
116
166 tm
168
it 710 117 770
i
107 706 107 ,06 107
166 709
it0
I06
111
105 i
iz
C
C
BAY FRONT SOUTH
NEWPORT
BAY
0�20�0
40400 Feet
VICINITY MAP
w-E
N
It
Variance No. 2002 -001 & Modification Permit No. 2002 -032
(PA2002 -001)
201 Apolena Avenue
Current
Development:
Single - family residential use
To the north:
Residential use abutting the site
To the east:
Residential uses across A olena Avenue
To the south:
Residential uses across Park Avenue
To the west:
Residential use abutting the project site
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 2 of 10
Site Overview
The property is located at the northwest corner of the intersection of Park Avenue and Apolena
Avenue. The site abuts residences to the north and west and it does not have alley access. The
property is surrounded by residential uses across both streets.
The property is 2,400 square feet in area (40' x 60'), which is comprised of the easterly portion
of Lot Nos. I and 2 of Block 7, Section 2. The site is developed with an existing, single -story
residence, which the applicant has indicated is approximately 1000 square feet in size. The
existing residence was built across parts of two separate lots as noted above and County Assessor
records indicate the structure was built in 1924.
The particular site is unique in the neighborhood because it is situated on the front one -half of
two lots that were part of the original subdivision and subsequently divided in half. The rear half
of these lots were reconfigured to front on Park Avenue while the front half of these lots (along
both Apolena and Park Avenues) is what constitutes the Brumbaugh's property.
Project Overview
The applicant is proposing to demolish the existing residence, merge the separate lot sections,
and construct a new three -story, single - family residence. The proposed residence has three
bedrooms (all on the second level), two -and -a -half bathrooms, an enclosed two -car garage, and a
third level roof deck that connects to a loft area. The new residence is proposed at 2,583 gross
square feet, with vehicular access from Park Avenue. The plans show the proposed curb cut for
the garage located on Park Avenue as far away from the intersection as possible.
Below is a table that outlines some of the existing characteristics and relevant information about
the project:
Project Development Characteristics Table
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 3 of 10
REQUIRED or
ALLOWED
EXISTING
PROPOSED
Gross Land Area
5,000 sq. ft.
2,400 sq. ft.
2,400 sq. ft.
Buildable Area
Varies
1,080 sq. ft.
1,080 sq. ft.
Floor Area Limit
1.5 x Buildable Area:
+ 200 sq. ft. for an
970 sq. ft. (built)
2,164.15 sq. ft. proposed
enclosed garage =
418.60 sq. ft. garage
1,625 sq. ft.
2,582.75 sq. ft. total
Building Height:
24 feet to the
Average roof
Pitched roof with ridge and
midpoint of a
height of 14
hip elements with a
sloping roof with
feet.
maximum height of 29 feet
the ridge not to
(midpoint of the roof is 24
exceed 29 feet
feet) and a third -story roof
deck that measures 24 feet
in height
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 3 of 10
Analysis
General Plan, Local Coastal Program Land Use Plan, and the Zoning Code
The General Plan and Local Coastal Program Land Use Plan both designate the property as Two -
Family Residential. This designation permits two units per lot. The Brumbaugh's application to
replace an existing residence with one unit is consistent with this designation.
The Local Coastal Program's Land Use Plan addresses Balboa Island in that the plan allows the
continuance of Two - Family Residential uses. Again, the Brumbaugh's request is consistent with
this plan as it remains a single - family dwelling (not proposed to become a duplex) and would not
result in the creation of more lots than that allowed by the original subdivision.
The Zoning Code designates the property as R -1.5 (Restricted Two - Family Residential). The
total gross floor area for all buildings is limited to a maximum floor area ratio of 1.5 times the
buildable area (lot area minus the setbacks) plus 200 square feet for an enclosed garage. As
noted, the applicant seeks to deviate from the Floor Area Limit and setbacks. Other than the
requested Variance and Modifications, the proposal conforms to all other applicable development
standards within the R -1.5 District.
Yard Identifacatlon
The identification of the yards plays a critical role in determining the buildable area of the site
and structure location. The District Map covering the property imposes a setback of 10 feet along
Apolena Avenue. Normally, this yard depiction of the Districting Map would establish the
required front yard setback. However, the lot is a comer lot and by definition, the front yard
adjoins the shorter property line. The definition of a corner lot states: "The front yard of a comer
lot shall adjoin the shortest street property line, provided that where street property lines are
substantially the same length, the Planning Director shall determine the location of the front
yard." The definition clearly implies that there is never two front yards for a comer lot. The Park
Avenue property line is 40 feet in length and the Apolena Avenue lot line is 60 feet in length,
therefore Park Avenue is the front yard.
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 4 of 10
REQUIRED or
ALLOWED
EXISTING
PROPOSED
Setbacks for main structure:
20 ft.
7 ft.
5 ft.
Front: (Park Avenue)
Sides: (Apolena)
10 ft.
0 -5.6 ft.
3 ft., 2 in.
(West)
3 ft.
6 ft.
3 ft.
Rear: (North)
10 ft.
4 ft.
3 ft.
Parking provided:
1 enclosed and
No enclosed
2 enclosed garage spaces
1 covered space
garage spaces
Analysis
General Plan, Local Coastal Program Land Use Plan, and the Zoning Code
The General Plan and Local Coastal Program Land Use Plan both designate the property as Two -
Family Residential. This designation permits two units per lot. The Brumbaugh's application to
replace an existing residence with one unit is consistent with this designation.
The Local Coastal Program's Land Use Plan addresses Balboa Island in that the plan allows the
continuance of Two - Family Residential uses. Again, the Brumbaugh's request is consistent with
this plan as it remains a single - family dwelling (not proposed to become a duplex) and would not
result in the creation of more lots than that allowed by the original subdivision.
The Zoning Code designates the property as R -1.5 (Restricted Two - Family Residential). The
total gross floor area for all buildings is limited to a maximum floor area ratio of 1.5 times the
buildable area (lot area minus the setbacks) plus 200 square feet for an enclosed garage. As
noted, the applicant seeks to deviate from the Floor Area Limit and setbacks. Other than the
requested Variance and Modifications, the proposal conforms to all other applicable development
standards within the R -1.5 District.
Yard Identifacatlon
The identification of the yards plays a critical role in determining the buildable area of the site
and structure location. The District Map covering the property imposes a setback of 10 feet along
Apolena Avenue. Normally, this yard depiction of the Districting Map would establish the
required front yard setback. However, the lot is a comer lot and by definition, the front yard
adjoins the shorter property line. The definition of a corner lot states: "The front yard of a comer
lot shall adjoin the shortest street property line, provided that where street property lines are
substantially the same length, the Planning Director shall determine the location of the front
yard." The definition clearly implies that there is never two front yards for a comer lot. The Park
Avenue property line is 40 feet in length and the Apolena Avenue lot line is 60 feet in length,
therefore Park Avenue is the front yard.
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 4 of 10
The 10 -foot setback depicted on the Districting Map for Apolena Avenue is a street side yard.
Staff used this 10 -foot setback for the purposes of establishing structure location as the original
intent of the setbacks depicted on the Districting Map was to maintain the existing line of
development (structure placement). Further, staff used the 3 -foot default side yard setback, as
opposed to the 10 -foot setback from the Districting Map, for the purposes of determining the
buildable area as the larger setback is intended to regulate structure location. This procedure is
based upon specific direction from the Planning Commission after consideration of similar cases.
Floor Area Limit
The plans submitted for the Brumbaugh application propose a three- story, single - family
residence. The 2,583 gross square feet (sq. ft.) proposed is separated into three levels as follows:
I' Floor: 983.65 sq. ft. livable space +
418.60 sq. ft. garage
2nd Floor: 1,049.00 sq. ft. livable space
3rd Floor: 131.50 so. ft. livable space and a 310.00 sq. ft. balcony /deck area
Gross Floor Area: 2,582.75 sq. ft. (2,164.15 sq. ft. total livable space + 418.60 sq. ft. garage)
The table below compares the site and area information for the applicant's request.
Development
Typical Lot in
Standards
Subject Lot
the Tract
Proposed
Setbacks: Front:
20 ft.
10 ft.
5 ft.
Sides:
3 ft. &
3 ft.
3 ft. &
10 ft.
3 ft. 2 inches
Rear:
10 ft.
5 ft.
3 ft.
Gross Land Area:
40 ft. x 60 ft. =
30 ft. x 85 ft. =
No change
2,400 sq. ft.
2,550 sq. ft.
Buildable Area:
34 ft. x 30 ft. -
(70 sq. ft.') =
24 ft. x 70 ft. =
950 sq. ft.
1,680 sq. ft.
No change
Gross Floor Area:
(Buildable Area x 1.5
1,425 sq. ft. +
2,520 sq. ft. +
+200 sq. ft. for
200 sq. ft. =
200 sq. ft. =
enclosed garage)
1,625 sq. ft.
2,720 sq. ft.
2,582.75 sq. ft.
Setback Area:
1,450 s . ft.
870 sq. ft.
860 sq. ft.
Floor Area to Land
Area Ratio:
0.677
1.066
1.076
' Deduction for reversed frontage setback
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 5 of 10
Reasonable Setbacks
The Planning Commission has also used the reasonable setback method to determine a possible
floor area for similar cases. For this analysis, staff used the following setbacks:
Front: 10 feet on Park Avenue
Sides: 3 feet
Rear: 5 feet
Using these setbacks, the residence could be 2,495 sq. ft. [(34' x 45' x 1.5) + 200 sq. ft.], which
results in a floor area to land area ratio of 1.039. The applicant's request exceeds this possible
floor area limit by 88 square feet (2,583 sq. ft. -2,495 sq. ft. = 88 sq. ft.).
Variance Findings
The Zoning Code requires the approving authority make certain findings for Variances. These
findings are listed and discussed below:
1. That there are exceptional or extraordinary circumstances applying to the land,
building or use referred to in the application, which circumstances or conditions
do not apply generally to land, buildings and /or uses in the same district.
The lot location and size are uncommon and the strict application of the setback
standards reduces the buildable area disproportionately compared to other lots
under identical zoning in the area. More of the subject lot is devoted to setback
areas than a typical lot in the area with the strict application of the setback
standards. The subject property is afforded a 0.677 floor area to lot area ratio and
a typical lot on Balboa Island with a 10 -foot front yard setback is permitted a
1.066 floor area to lot area ratio.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Without the granting of the increased area, a residence located on the property
would be limited to 1,625 square feet in area. This amount of area is a substantial
property right, however it is over 1,000 square feet below what other properties in
the area could be developed with. Granting the Variance would provide a similar
property right enjoyed by others in the immediate area under the identical zoning
classification.
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
limitations on other properties in the vicinity and in the same zoning district.
The increase in floor area limit is also proportionately consistent with the area
permitted for other lots in the area, supporting the finding that it is not a grant of
special privilege. The abutting parcel to the west that also fronts Park Avenue was
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 6 of 10
granted a similar Variance in 1998 to exceed the buildable area imposed on the
lot.
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.
The property is designated for two family residential use and the granting of the
Variance would not increase the density beyond what is planned for the area
thereby avoiding additional traffic, parking or demand for other services.
Granting the request for the increased floor area limit will not be detrimental to
the surrounding neighborhood as it is consistent with the size and intensity of
other, single - family and two family residential properties in the area.
Based upon the discussion of the four Variance findings, staff believes that the facts are present
to approve a floor area Variance for this property. However, there remains the determination of
the appropriate amount of floor area to grant. The two methods of analysis presented in this
report both lead to a modest reduction in the project. If the floor area to land area analysis were
used, a reduction of 24.35 sq. ft. would result. The reasonable setback analysis suggests a
reduction of 88 sq. ft.
Setbacks
To achieve the proposed building areas mentioned above, the applicant is proposing three
different setback encroachments: 15 feet into the required 20 -foot front yard setback; 7 feet into
the 10 -foot rear yard setback; and 6 feet, 10 inches into the setback along Apolena Avenue. In order
to grant relief to an applicant through a modification permit, the Commission 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 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."
Front
The applicant proposes a setback of 5 feet from Park Avenue to remain consistent with. the
abutting residential property to the west (1006 Park Avenue). Maintaining consistent setbacks
supports the purpose of the Zoning Code to promote orderly development. The Traffic Engineer
believes that the 5 -foot setback is acceptable for the garage and does not anticipate any parking
issues within the setback as it fronts Park Avenue, which is fairly well traveled by vehicles and
pedestrians. Additionally, the setback provides adequate sight distance for vehicular access
provided abutting fences are kept to 36 inches in height. The garage is the only portion of the
building that is 5 feet from Park Avenue, and is 21' -4" wide. Other portions of the building are
Mr, & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 7 of 10
setback an additional 11 feet. The second level above the garage, with the exception of a bay
window is setback an additional 2 feet 4 inches. This vertical articulation of the encroaching
elements of the structure as well as the additional setback area near the comer helps in mitigating
the mass of the structure from Park Avenue. Staff believes that the proposed encroachments are
acceptable.
Rear
A setback encroachment of 7 feet is proposed into the 10 -foot rear yard setback where the
property abuts the neighboring residence to the north. The encroachment is proposed to match
the side yard setback relationships for typical residential property in the same block. The 3 -foot
setback is also consistent with the rear yard setback that was approved for 1006 Park Avenue in
1998 (Variance No. 1225). If the subject property was not reoriented to Park Avenue, this
setback would be a side yard of 3 feet and a building would be permitted to be located in the
position proposed by the applicant. The two story encroachment is 27 feet wide and a portion of
the second level has an open balcony. This balcony limits the mass the second level, but it
introduces a privacy issue. Such a balcony is permissible if the yard were designated as a
sideyard. The third level loft area and roof deck are not oriented toward the neighbor to the north
and are not located in the rear yard setback.
The modification of the setback also includes the chimney that encroaches an additional foot into
the proposed 3 -foot rear yard setback. Zoning Code `Section No. 20.60.030 - Extension Into
Yards,' states that a chimney may encroach up to 2 feet into an established rear yard setback of
10 feet provided that the chimney is not less than 5 feet from any side yard setback line. A strict
reading of this section would not permit the chimney encroachment. However, the Zoning Code
permits a chimney to encroach within a side yard provided that there remains 2 feet to the
property line. This separation permits passage for emergency personnel. If the yard functions as a
sideyard, the suggested chimney encroachment should not prove detrimental as emergency
access is afforded and the chimney is narrow. The remaining distance between the proposed
project and the neighbor will be 6 feet. This distance is consistent with sideyard to sideyard
relationships permitted by the Zoning Code and should not prove a detriment.
Side
The established setback on Apolena is 10 feet as dictated by the District Map. The encroachment
of 6 feet 10 inches into the street side setback is approximately 24 feet of the 60 -foot lot width
along Apolena Avenue. The encroachment begins 20 feet south of the abutting lot on Apolena in
order to maintain the setback along the street in accordance with the sideyard setback
requirements for reverse corner lots. Reverse corner lots are required to match the abutting
property's front yard setback, which in this case is 10 feet, for the first 20 feet of property. The
proposed design adheres to the additional setback required of reverse corner lots. The proposed
encroachment is also setback from the comer 16 feet. This open area allows the mass of the
proposed residence to be setback from the corner. This area will be used as a patio for the
occupants. The extent of the proposed encroachments is 40% of the Apolena frontage on the first
level. On the second level, portion of the residence that encroaches within the setback area is
smaller, articulated and further setback between 3 to 7 feet than the lower level. The Planning
Mr. & Mrs. Brumbaugh (PA2002 -001)
March 21, 2002
Page 8 of 10
Commission must determine the importance of maintaining a consistent setback along Apolena,
which is the intent of the 10 -foot setback depiction on the Districting Map. Staff believes that the
size and bulk of the encroachments along Apolena are acceptable as they are limited and
designed with articulation in both a vertical and horizontal sense.
In summary, staff believes that two of the proposed encroachments, (front and rear yard), can be
found acceptable for the reasons discussed as well as consistent with the intent of the
development regulations of the Zoning Code. Granting the front and rear yard setback
encroachments proposed would maintain consistency with abutting property to the west (1006
Park Avenue) and should not be detrimental to either the surrounding properties or the general
community. However, the proposed encroachment within the 10 -foot setback from Apolena is of
concern as the addition will not conform to the predominate line of development of the block.
This portion of the Modification request may result in a situation that is detrimental to the area or
inconsistent with the legislative intent of the code.
Environmental Review
The 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 2 (Replacement or
Reconstruction). The project is proposed for property where all necessary public services are
available. Furthermore, the property site is located in an urbanized area which is not
environmentally sensitive.
Recommendation
Should the Planning Commission choose to approve Variance No. 2002 -001 as designed, the
suggested findings and conditions of approval have been included in the attached resolution
(Exhibit No. 1). To date, staff has received only one comment with regard to the applicant's
request. Ms. Marion C. Grant submitted a letter on both her and her husband's behalf that is
opposed to the reduced setbacks for reasons such as increased noise and reduced landscaping
(Exhibit No. 3). Staff believes that the Variance is supportable, but the modification to the required
10 -foot setback along Apolena Avenue may be contrary to the legislative intent of the code. By
encroaching further towards Apolena, the project would become inconsistent with other residences
along the same street and may hinder neighboring views. Should the Commission find that the
encroachments within the setbacks are not acceptable, staff recommends that the item be continued
to allow the applicant an opportunity to redesign the project to conform to the desires of the
Commission. If the Commission is unable to make affirmative findings for the Variance request,
staff suggests that the Commission either direct the applicant to reduce the floor area to an
acceptable level or deny the application. Findings for denial have been prepared and are attached as
Exhibit No. 4.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
Mr. & Mrs. Bnunbaugh (PA2002 -001)
March 21, 2002
Page 9 of 10
Exhibits
1. Resolution No, including findings and conditions of approval and proposed plans
2. Architect's Justification Letter
3. Letter from Ms. Marion C. Grant in opposition to the Brumbaugh request.
4. Findings for denial
5. Plans
F: \USERS\PLN\Shared\PA's\PAs - 2002 \PA2002- 001\VA2002 -001 perpt.doc
Mr. & Mrs. Bnunbaugh (PA2002 -001)
March 21, 2002
Page 10 of 10
Exhibit No, 1
Draft Resolution for project approval
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2002 -001 AND
MODIFICATION NO. 2002 -032 (PA2002 -001) FOR THE PROPERTY
LOCATED AT 201 APOLENA AVENUE
The Planning Commission of the City of Newport Beach does hereby find, resolve, and order as
follows:
Section 1. An application was filed by the applicants, Mr. & Mrs. Brumbaugh, with
respect to property located at 201 Apolena Avenue (PA2002 -001) and legally described as the
easterly 40 feet of Lot Nos. 1 & 2, Block 7, Section 2 of the Balboa Isle Tract, requesting
approval of a variance to exceed the 1.5 floor area limit applicable to Balboa Island (VA2002-
001). The application also includes a request for three separate setback encroachments as
follows: an encroachment of 15 feet into the required 20 -foot front yard setback; 7 feet into the 10-
foot rear yard setback; and 6 feet, 10 inches into the setback along Apolena Avenue (MD2002 -032).
Section 2. A public hearing was duly held on November March 21, 2002, at 7:30 P.M. in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice
of time, place and purpose of the meeting was given. Evidence, both written and oral, was duly
presented to and considered by the Planning Commission at the meeting.
Section 3. The Planning Commission finds as follows:
a) That there are exceptional or extraordinary circumstances applying to the
land, building or use referred to in the application, which circumstances or
conditions do not apply generally to land, buildings and /or uses in the same
district.
The lot location and size are rmcommon and the strict application of the setback
standards reduces the buildable area disproportionately compared to other lots
under identical zoning in the area. More of the subject lot is devoted to setback
areas than a typical lot in the area with the strict application of the setback
standards. The subject property is afforded a 0.677 floor area to lot area ratio and
a typical lot on Balboa Island with a 10 -foot front yard setback is permitted a
1.076 floor area to lot area ratio.
1�
b) That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Without the granting of the increased area, a residence located on the property
would be limited to 1,625 square feet in area. This amount of area is
approximately 1,000 square feet below what other properties in the area could be
developed with. Granting the variance provides a similar property right enjoyed
by others in the immediate area under the identical zoning classification.
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
limitations on other properties in the vicinity and in the same zoning district.
The increase in floor area limit is proportionately consistent with the area
permitted for other lots in the area. The abutting parcel to the west that also fronts
Park Avenue was granted a similar variance in 1998 to exceed the buildable area
imposed on the lot.
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.
The property is designated for two- family residential use, which is consistent with
what is planned for the area. No additional traffic, parking or demand for other
services should result from project implementation. Granting the request for the
increased floor area limit will not be detrimental to the surrounding neighborhood
as it is consistent with the size and intensity of other, single - family and two
family residential properties in the area.
e) 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 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.
A front yard setback distance of 5 feet is proposed to remain consistent with the
abutting residential property to the west (1006 Park Avenue). A setback
encroachment of 7 feet is proposed into the 10 -foot rear yard setback along the
northern property line. A setback encroachment of 6 feet 10 inches is proposed
into the established street side setback on Apolena of 10 feet. The proposed
design adheres to the additional setback required of reverse comer lots. The
modification of the setback includes the chimney that encroaches an additional
foot into the proposed 3 -foot rear yard setback. The minimum distance between
buildings on separate lots 6 feet. The extent of the proposed encroachments is
40% of the Apolena frontage on the first level. On the second level, portion of the
residence that encroaches within the setback area is smaller, articulated and
further setback between 3 to 7 feet than the lower level. The third level loft area
and roof deck are not located oriented toward the neighbor to the north and are
not located in the rear yard setback. The proposed encroachments do not affect the
views from nearby properties and the project complies with applicable height
limits. The proposed setbacks will not result in a situation that is detrimental to
the neighboring properties in the immediate area or the general community.
f) The design of the proposed improvements will not conflict with any easements ,
acquired by the public at large for access through or use of the property within the
proposed development.
g) That public improvements may be required of the developer pursuant to Section
20.91.040 of the Municipal Code.
h) The proposed project has been determined to be Categorically Exempt under
Class 2 (Replacement or Reconstruction) of the California Environmental Quality
Act (CEQA), and the State CEQA Guidelines.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves an amendment to Variance No. 2002 -001 and Modification Permit No. 2002 -032,
subject to the conditions set forth in Attachment "A."
Section 5. This action shall become final and effective fourteen (14) 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 provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 21" DAY OF MARCH, 2002.
AYES:
NOES:
ABSENT:
ATTEST:
Im
m
Larry Tucker, Chairman
Earl McDaniel, Secretary
I�
Attachment "A"
CONDITIONS OF APPROVAL
Variance No. 2002 -001 & Modification Permit No. 2002 -032
1. The development shall be in substantial conformance with the approved site plan, floor
plans, roof plans and elevations and dated February 21, 2002 except as revised by other
conditions of approval.
2. The Variance No. 2002 -001 and Modification Permit No. 2002 -032 shall expire unless
exercised within 24 months from the date of approval as specified in Section 20.91.050 if
the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. A Certificate of Compliance, Lot Line Adjustment, or Lot Merger shall be recorded prior to
the issuance of any demolition permit for the existing residence.
4. The project shall comply with the City's most recently adopted version of the Uniform
Building Code (U.B.C.). Due to the location of the project site, development of the project
will require liquefaction mitigation and compliance with flood plain requirements.
5. All improvements within the public right -of -way shall be constructed as required by
Ordinance and the Public Works Department under an encroachment permit.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code
or other applicable section or chapter, additional street trees shall be provided and
existing street trees shall be protected in place during construction of the subject project,
unless otherwise approved by the General Services Department and the Public Works
Department. All work within the public right -of -way shall be approved under an
encroachment agreement issued by the Public Works Department.
An easement must be obtained from the owners of the property identified as 1006 Park
Avenue for a sewer lateral to serve the project. A sewer lateral and sewer lateral cleanout
must be installed in the alley between Coral Avenue and Apolena Avenue to serve 201
Apolena Avenue.
8. A 10 -foot radius corner cutoff at the corner of Apolena Avenue and Park Avenue shall be
dedicated to the public.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be conducted
in accordance with state and local requirements.
10. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole
in accordance with Section 19.24.140 of the Municipal Code unless it is determined by
the City Engineer that such undergrounding is unreasonable or impractical.
F:\USERSTLMShued\PA's\PAs - 2002\PA2002-001 \VA2002-001 peresolution.doc
11
Exhibit No. 2
Justification letter from the project architect
�I
IAN J.N. HARRISON - ARCHITECT
Newport Beach, California 949/645 -1 208
James W. Campbell, Senior Planner
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92658
Re: Variance Application
Brumbaugh Residence
201 Apolena Avenue, Balboa Island
Project Description and Justification
The Owner would like to demo the existing home and construct a new
single - family dwelling and two -car garage similar to other new homes on
Balboa Island.
After discussing the project with both Marina Marrelli and Jay Garcia of
the Planning Department it was determined that because there was no
alley access and that the narrow portion of the lot faced Park Avenue
there would be required a 20 foot front yard setback and a 10 foot rear
yard setback, therefore, the buildable area of the lot would be
substantially seduce from a standard lot. We are therefore, asking for a
variance to the required setbacks, as shown on the submitted plans, to
allow a home be built, which is in substantial conformance to other homes
in the neighborhood.
The City Council has already reviewed and approved the proposed
project, because the driveway /curb cut had to have their approval to be
relocated to Park Avenue.
What exceptional circumstances apply to the property?
The size of the lot (40'x60'), with no alley access.
Why is a variance necessary to preserve property rights?
Applying the default setbacks to this property, would allow only 1,425 sf of
buildable area. This amounts to 68% of the lot area. On a typical Balboa
Island lot the allowable building area is from 107% to 110 0/9 of the lot area.
Why will proposal not be detrimental to the neighborhood?
Previous variances, the Planning Commission has approved, were
allowed greater gross floor area when it was shown the proposed project
maintained the same ratio of floor area to land area as other typical
residential lots in the neighborhood. The typical buildable area for lots on
Balboa Island varies from 2,720 SF to 3,080 SF, this equates to a floor
area ratio (FAR) of 1.07 to 1.21.
The proposed requested building area of 2,600 square feet, with 1.08
FAR, substantially conforms to currently allowed areas on the Island. The
requested modifications to the required setbacks are in conformance with
the typical lots on Balboa Island.
Many of the residents of the Island are exposed to this lot as they travel along
Park Avenue. It is hoped, with the proposed improvements, this comer will be
something everyone can enjoy.
Thank you for your consideration.
Exhibit No. 3
Letter from Ms. Marion C. Grant dated March 12, 2002
A3
MAR -12 -2002 TUE 03:16 PM AUSTIN BIO MED LAB FAX N0, 5122513939 P. 02
Marion C. Grant
119 Apolena Ave.
Balboa Island, CA 92662
March 12, 2002
RECEIVED BY
PLANNING DEPARTMENT
Todd Weber CITY 0;: NF\kronoT ^EACH
Planning Department AM MAR 12 2002 Ply
City Hall
3300 Newport Blvd gl$18il0illii2�i��5141816
Newport Beach, CA 92658-8915
Dear Mr. Weber:
This letter is in response to the Public Notice for Variance VA2002 -001. My
husband and I own our home at 119 Apolena and we want to register our strong
opposition for the variance request at 201 Apolena Ave, Balboa Island.
The decrease of front, side and back set backs only increases noise, fire hazard
congestion and disturbs air circulatlon.
The allowance has already been expanded. The elimination of set backs
decreases landscaping and destroys the charming cottage essence of Balboa
Island.
My husband and I are unable to attend the public hearing scheduled for March
21, 2002 because we will be out of state.
I
mm-e4 YA
�. its
Marion C. Grant
A5
Exhibit No. 4
Findings for denial
�I
Findings for Denial
Variance No. 2002 -001 & Modification No. 2002 -032
The property is afforded a substantial property right without the approval of a variance
to the floor area limit, and approval of the requested variance is the granting of special
privilege. The Zoning Code presently permits a building that can be 1,625 square feet in
area. The property owner is not deprived of the use and enjoyment of their property as a
result on the strict application of the Zoning Code.
2. The establishment, maintenance or operation of the use of the property or building
will, 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 property and
improvements in the neighborhood or the general welfare of the City, and further that
the proposed modifications are inconsistent with the legislative intent of this code for
the following reasons:
a. The proximity and size of the proposed three level building within the
required street side setback conflicts with the established setbacks noted on
the District Maps within the Zoning Code.
b. The reduced street side setback does not conform to the front yard setbacks of
10 feet required of other structures along Apolena Avenue.
c. The reduced street yard setback would place a three story building 8' -2" away
from Apolena Avenue while compliance with the setback is necessary to
maintain consistent building massing along the roadway.
d. The proposed building would be sited in locations where it would not
otherwise be located which will have a negative impacts to views from
adjoining properties.
d��
Exhibit No. 5
Proposed plans
31