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HomeMy WebLinkAboutEckert Residence (PA2002-194)ab CITY OF NEWPORT BEACH Hearing Date: November 7, 2002 , PLANNING DEPARTMENT Agenda Item: 5 3300 NEWPORT BOULEVARD Staff Person: G. Ramirez S9joar`r NEWPORT BEACH, CA 92658 (949)644 -3219 ( Appeal Period: 14 days after date of 949) 644 -3200; FAX (949) 644 -3229 final action REPORT TO THE PLANNING COMMISSION PROJECT: Eckert Residence (PA2002 -194) 1601 Balboa Avenue SUMMARY: Request for a Variance to allow a proposed residence to exceed the established floor area limit. Included is a request for a Modification Permit to encroach into the required 20 -foot front yard setback adjacent to Balboa Avenue; encroach into the required 10 -foot rear yard setback; encroach into the required 5 -foot right side yard setback adjacent to Abalone Avenue; and permit an interior garage depth of 18 -feet where the Municipal Code requires a minimum depth of 19 -feet. RECOMMENDED ACTION: Approve Variance No. 2002 -007 and Modification Permit No. 2002 -103 subject to the Findings and Conditions of Approval within the Draft Resolution. APPLICANT: Ian Harrison 3535 East Coast Highway, 4301 Corona Del Mar, CA 92625 OWNER: Patricia Eckert 56 Casa Way San Francisco, CA 94123 LOCATION: Southeasterly comer of Balboa Avenue and Abalone Avenue on Little Balboa Island LEGAL DESCRIPTION: Westerly 25 -feet Lot 13 and Westerly 25 -feet Lot 14, Block 6, Section 5, Balboa Island GENERAL PLAN: Two - Family Residential ZONING DISTRICT- R -1.5 (Restricted Two - Family Residential) * 11 ", ""I, j,""a , l r1[, 7,Ij 6111114 �41ljllp 1111j\j�, ABALONE PL � 3 ! R U 14RUP] 117:1 i� 0 200 400 Feet ITETWER -AVE 'BALBOA H , 4 �I 4111 I fill, > W !1: 10, 1, 1 1 ri �J[ Subject Propert [jp,; Z 2 �&l 7`412' fl, i'�J i AU ,�i;! III k LU west: residences across Abalone Avenue R 7 VICINITY MAP Variance VA2002-007(PA2002-194) 1601 Balboa Avenue Current Develo ment: Sina1p_fnrni1yre,.-;i e across Balboa Avenue To the north: SJ--1­f­i1v residences To the east: S;n gl._fnmfly residence fnmil residence To the south: S;--1-J'-TJ1vrpqJf1 To Current TSlingle-family west: residences across Abalone Avenue Eckert Variance (PA2002-194) November 7, 2002 Page 2 of 11 Introduction and Background The applicant has submitted a request for a Variance and Modification Permit associated with demolition of an existing single - family residence and the construction of a new 1,717 square foot single - family residence with an attached two -car garage. The variance seeks additional floor area beyond the 1.5 floor area limit. The applicant also requests approval of a Modification Permit to encroach into the front, rear and right side setbacks and to permit an interior garage depth of 18- feet where the Municipal Code requires a minimum depth of 19 -feet. Site Overview The subject property is located at the southeasterly comer of Balboa Avenue and Abalone Avenue on Little Balboa Island and is comprised of the westerly 25 feet of Lots Nos. 13 and 14 of Block 6, Section 5. The property is currently developed with a single - family dwelling and a detached garage. The property does not have alley access, with access to the existing detached garage taken from Abalone Avenue. The subject property is unusual in size (1, 500 square feet in area) and orientation. The property is oriented in a north -south direction from front to rear. The majority of properties on this block are 30 -feet wide by 85 -feet deep (2,250 square feet), with the original layout of the lots on this block oriented in an east -west direction with the front yard facing Abalone Avenue with alley access at the rear. At some point in the past, two 30' x 85' lots were subdivided into 3 smaller lots with a north -south orientation with front yards adjacent to Balboa Avenue and no alley access. The result was the creation of two 30'x60' lots and one 25'x60' lot, the property in question. An assessor's map (attached) shows the original and current lot arrangements. Proiect Overview The applicant proposes to demolish the existing single - family dwelling and detached garage and construct a new three story single family dwelling with an attached garage. Since the subject property does not have alley access, garage access will be from Abalone Avenue. Additionally, the applicant is required by Title 19 of the Municipal Code to apply for, receive approval of, and record with the County of Orange a lot line adjustment approved by the Modifications Committee and Development Services Division of the Public Works Department for the purpose of validating the existing lot configuration. The proposed residence is comprised of 1,367 square feet of living area (two floors and a small third story loft), a 207 square foot roof deck and 350 square foot attached garage. The floor area distribution by floor is as follows: First Floor: 938.23 sq. ft. (Entry, living room, bathroom, kitchen, 2 -car garage) Second Floor: 673.27 sq. ft (Master suite with bedroom and bathroom) Third Floor: 105.17 sq. ft (Loft) (+ 207 sq. ft. deck) Total Area 1,717 square feet Eckert Variance (PA2002 -194) November 7, 2002 Page 3 of 11 Analysis General Plan The subject property has a General Plan Land Use Designation of Two - Family Residential. The proposed single - family dwelling is consistent with the Two - Family land use designation. Local Coastal Program The subject property has a Local Coastal Program land use designation of Two - Family Residential. Additionally, the subject property is located within the Categorical Exclusion Zone (CEZ) of the Coastal Zone. Projects on properties located within the CEZ may qualify for Categorical Exclusion and avoid formal Coastal Commission review if the subject lot is greater than 1,200 square feet, structural square footage does not exceed 1.5x the buildable area and 2 parking spaces are provided. Given that the proposed project exceeds 1.5x the buildable area, the project would not qualify for a Categorical Exclusion. Should this Variance and Modification Permit be granted, the applicant would be required to obtain a Coastal Development Permit or Coastal Development Permit Waiver issued by the California Coastal Commission prior to the issuance of building permits Zoning Code Development Regulations The subject property is located within the R -1.5 Zoning District. The proposed single - family dwelling is a permitted use within the R -1.5 Zoning District. With the exception of the increased floor area, setback encroachments and non - compliant minimum interior garage depth, all development regulations of the R -1.5 Zoning District appear to have been met. Floor Area Variance The maximum allowable floor area for properties zoned R -1.5 is 1.5 times the buildable area plus 200 square feet for an enclosed garage. Also, please note that for new construction Section 20.66.30 of the Municipal Code requires that two enclosed parking spaces within a garage be provided. Using this formula and factoring in the 5 -foot reversed frontage setback for the rear 20 feet of the lot, the maximum structural square footage permitted on the subject property is 1,025 square feet which includes the required two car garage. The following table provides development regulation standards for the subject property, other lots in the vicinity and the proposed residence: Eckert Variance (PA2002 -194) November 7, 2002 Page 4 of 11 Development Subject Lot Typical Lot in Proposed Standards Ave. (Subject) the Block Ave Setbacks: 1,500 sq. ft. 1,800 sq. ft. 1,800 sq. ft. Front (Balboa): 20 ft. 5 ft. 4 ft. Side (Abalone): 5 ft. 3 ft. 3 ft. 1 inch . Side (Interior): 3 ft. 3 ft. 3 ft. 1 inch Rear: 10 ft. 5 ft. (Alley) 3 ft. 2 inches Gross Lot Area: 25 ft. x 60 ft. = 30 ft. x 85 ft. = No change Variance 1,500 sq. ft. 2,550 sq. ft. Buildable Area: 19 ft. x 30 ft. - 1.126 1.068 Area Ratio (20 sq. ft.') = 24 ft. x 75 ft. _ 550 sq. ft. 1,800 sq. ft. No change Floor Area Limit: (Buildable Area x 1.5 825 sq. ft. + 2,700 sq. ft. + +200 sq. ft. for 200 sq. ft. = 200 sq. ft. = enclosed garage) 1,025 sq. ft. 2,900 sq. It. 1717 sq. ft. Setback Area: 950 sq. ft. 750 sq. ft. 493 so. ft. Floor Area to Land Area Ratio: .683 1.137 1.144 Deduction for reversed frontage setback Additionally, the two adjoining properties to the east have received variances for floor area. The table below provides the particulars: Property 1601 Balboa 1603 Balboa 1605 Balboa Ave. (Subject) Ave. Ave Gross Lot Area 1,500 sq. ft. 1,800 sq. ft. 1,800 sq. ft. Buildable Area 550 sq. ft. 720 sq. ft. 720 sq. ft. Maximum Floor 1,025 sq. ft. 1,280 sq. ft 1,280 sq. ft. Area Floor Area 1,717 sq. ft. 2,028 sq. ft. (VA 1,924 sq. ft. (VA Permitted by (Proposed) No. 1059) No. 1177) Variance Floor Area to Land 1.144 1.126 1.068 Area Ratio (proposed) Eckert Variance (PA2002 -194) November 7, 2002 Page 5 of 11 It should also be noted that directly across Balboa Avenue from the subject property, there are several lots created by the original subdivision of similar size and orientation. Said lots have varying widths of 27, 29 and 31 feet. Required front setbacks called out on the Districting Map for these lots is 3 feet. Since these lots have alley access, the rear setback is 5 feet with the sides being the standard 3 feet. Therefore, the smallest (27' x 60') has a buildable area of 1050 square feet and a maximum structural area of 1,775 square feet (1,050 x 1.5 + 200), which, is of comparable size of the subject property and proposed residence. In the past, the Planning Commission has used the `reasonable setback" method to determine a possible floor area for similar cases. In this particular case, staff has used the following setbacks: Front: 5 feet on Balboa Avenue Sides: 3 feet Rear: 5 feet The resulting buildable area using the `reasonable setback" method is 950 square feet with a maximum structural area of 1,625 square feet, approximately 92 square feet less than the proposed residence. The Zoning Code requires the Planning Commission to make certain findings for Variances. These mandatory 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 size and orientation are not typical of the other lots in the area, and the strict application of the setback standards would reduce the permitted building area to 1,025 square feet (including a required two car enclosed garage), and would result in a dwelling of limited size, approximately 600 square feet which is much smaller than newer surrounding residences 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 variance to increase the floor area, the resultant structure would be inferior in size and inconsistent in design to other dwellings located in the vicinity. 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 project, as proposed by the applicant, will result in a structure that is similar to and consistent with other dwellings in the area. The resulting gross floor area of approximately 1,717 square feet is comparable with the floor to land area allowed on other properties on Little Balboa Island, and therefore arguably not the granting of a special privilege. Eckert Variance (PA2002 -194) November 7, 2002 Page 6 of I1 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 establishment of the floor area of 1,717 square feet will not, therefore, be detrimental to the surrounding neighborhood, and will result in a structure that is similar to surrounding dwellings with respect to size, bulk and design. Based on the foregoing, staff believes that the facts support the approval of the Variance request.However, there remains the determination of the appropriate amount of floor area to approve. Setback Modifications In conjunction with the Variance request, the applicant has requested a Modification Permit to encroach 16 feet into the 20 -foot front (Balboa Avenue) setback, 2 feet 11 inches into the 5 -foot right side (Abalone Avenue) setback and 6 feet 10 inches into the 10 -foot rear setback. The existing structures maintain the following setbacks: Front (Balboa Ave) 1 -foot 4- inches Right Side (Abalone Ave.) Dwelling 1 -foot 6- inches (Chimney is at property line) Right Side (Abalone Ave.) Garage 3 -feet 6- inches Left Side (Interior) 1 -foot 4- inches Rear (Garage) 1 -foot 6- inches It should be noted that according to street improvement plans on file with the Public Works Department, that the public right of way extends 6 -six feet from the face of curb and 2 -feet from the back of sidewalk. Front Yard Encroachment The applicant is requesting a 4 -foot front yard setback adjacent to Balboa Avenue to remain consistent with other residences on the same block. Based on the City's street improvement plans, the public right of way extends 6 -feet from the face of curb. The existing residence on the subject property maintains an approximate front yard setback of 1 foot 4 inches. The adjacent property at 1603 Balboa Avenue has a 2 foot 10 inch setback at the first floor and approximate 10 inch setback at the second floor balcony. The property two lots to the east at 1605 Balboa Avenue maintains a 4- foot setback (6 -feet from face of curb) that was approved under Variance No. 1177 in 1991. The encroachments adjacent to Balboa Avenue consist of a first and second floor tower element, a recessed French door entry at the first floor, a first floor bathroom and a second floor balcony. The Eckert Variance (PA2002 -194) November 7, 2002 Page 7 of 11 architectural design and articulation of the encroaching elements and the comer location of the tower element aid in reducing the mass of the structure adjacent to Balboa Avenue. Staff believes that the proposed encroachment is reasonable and generally consistent with the front yard setbacks at 1603 and 1605 Balboa Avenue. Additionally, the Public Works Department has requested that for sight distance purposes, that all fences, walls and pilasters greater than 24 inches in height be held back a minimum of 5 feet from along each street right of way as measured from the northwest corner of the subject property to create a triangular view plane to facilitate improved sight distance. A condition of approval has been included addressing this request. Right Side Yard Encroachment The District Maps have established a 5 -foot setback on Abalone Avenue. The applicant proposes a 3 -foot 1 -inch setback for an 8 -foot 10 -inch wide tower feature, a 5 -foot 2 -inch wide elevator shaft, a 5 -foot 6 -inch wide chimney, a 4 -foot 10 -inch wide 15` floor entry porch, an 18 -foot wide first floor garage and a 8 -foot 8 -inch wide latticed covered 2nd floor balcony over the garage. The proposed bay window feature complies with the development regulations for bay window encroachments specified by Section 20.60.030 of the Municipal Code. The proposed garage encroachment is a reasonable request given that it will replace the existing garage in approximately the same location. Additionally, given the 25 -foot width and corner location of the subject property, the proposed 1 -foot 11 -inch garage encroachment is a reasonable design solution to provide maximum parking space depth and maximum distance from the corner of Abalone Avenue and Balboa Avenue. The additional first floor encroachments are designed to provide relief and articulation to the structure by not creating a solid wall. The second floor encroachments are limited to the tower feature, elevator shaft and open balcony with the bulk of the second floor maintaining the required 5 -foot setback. Staff believes the encroachments along Abalone Avenue are acceptable given the articulation of the structure that is created due to the encroaching features. However, the Commission must determine the importance, in this particular case, of new structures conforming to the 5 -foot setback called out on the Districting Map. Rear Yard Encroachment The applicant proposes a 6 foot 10 inch encroachment into the required 10 -foot rear yard setback where the subject property abuts the adjacent property to the south, leaving 3 feet 2 inches to the property line. In the past, the "side yard relationship" method has been used for properties that have been reoriented resulting in a rear yard to side yard layout rather than the typical side yard to side yard layout. In this particular case, the proposed 3 foot 2 inch setback is intended to match the side yard setback relationship for typical properties on the same block. If the subject property were not reoriented to front Balboa Avenue, the rear yard would actually be a side yard with a required a- foot side yard setback therefore, having the same affect on light and air. The encroachment consists of the garage on the first floor and a balcony and bathroom at the second floor. Staff is of the opinion that the first floor garage encroachment is a reasonable request, Eckert Variance (PA2002 -194) November 7, 2002 Page 8 of 11 as the proposed garage will be replacing an existing single story garage at approximately the same location. Additionally, staff is of the opinion that having the garage and associated drive located as far away as possible from the intersection of Balboa Avenue and Abalone Avenue is the ideal location to maximize sight distances for safer vehicular maneuvering. The second story encroachment consists of an open balcony with an attached fireplace /chimney, and enclosed habitable living area in the form of a bathroom. The chimney itself will encroach an additional 1 -foot into the required setback, therefore maintaining a setback of 2 -feet 2- inches. Keeping in mind the "side yard relationship ", the Zoning Code does permit chimneys, not exceeding 9 -feet in width, to encroach 1 -foot into a 3 -foot side yard setback. Please note that the chimney encroachment is not depicted on the site plan. Although the side yard relationship has been used for similar requests, in this particular case the rear setbacks of the other properties located on the same block fronting Balboa Avenue should also be considered. As previously noted in the discussion of the proposed front yard encroachment, there have been previous discretionary actions taken for the subject property and 1603 and 1605 Balboa Avenue. The following table provides a synopsis for each property in regards to the rear setback: Property Required Rear Existing Rear Discretionary Setback Setback Actions Subject 10 -feet 1 -foot 6- inches Use Permit No. 783, Property (Garage) approved alterations 1601 Balboa to the existing non- Avenue conforming structures. 1961 1603 Balboa 10 -feet 7 -feet Modification Permit Avenue No. 72 (1969) and Variance No. 1059 (1976) 7 -foot rear setback approved. 1605 Balboa 10 -feet 10 -feet Variance No. 1177 Avenue 10 -foot rear setback required. 1991 As noted above, staff is of the opinion that the first floor garage encroachment into the required 10- foot rear yard setback is reasonable and acceptable, the request for the same encroachment at the second floor would be out of character and inconsistent with the two adjoining properties to the east. Staff believes that the Commission should consider a 7 -foot setback for the second floor or possibly require that the second floor, or a portion of it, be in the form of an open deck to reduce massing in the rear yard and keep the structure more consistent with the other two on the block facing Balboa Avenue. However, the side relationship has been used in the past to justify a 3 -foot setback and although in this particular case a 3 -foot 2 -inch setback may not be consistent with the two adjacent properties it would not be detrimental to the abutting property located at 222 Abalone Avenue, in staffs opinion. Eckert Variance (PA2002 -194) November 7, 2002 Page 9 of 11 Required Parking Section 20.66.040 of the Zoning Code requires that enclosed parking spaces must provide a minimum interior width of 17 -feet 6- inches wide by 19 -feet deep. The applicant has proposed a garage with minimum interior dimensions of 17 feet 6 inches wide by 18 feet deep. Given the 25- foot width of the subject property and the lack of alley access, the 18 -foot interior depth is the maximum possible without necessitating further encroachments into the side setbacks. Staff is also of the opinion that while parking of large vehicles may be tight, the 18 -foot clear depth proposed is adequate in this particular case and is acceptable to avoid additional setback encroachments. The Public Works Department has also reviewed the plans and believes that although the proposed garage depth does not meet Code requirements, the 18 -foot depth is acceptable if the Commission is opposed to further increasing setback encroachments by 1 foot to obtain the 19 -foot interior garage depth. In order to grant relief to an applicant through a Modification Permit, The Zoning Code requires the governing body to make the following finding: That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, be detrimental to the safety, peace, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city, and further that the modification is consistent with the legislative intent of this code. The setbacks as proposed would result in the development of the site to be similar to other properties in the area and will result in a structure that is similar to and compatible with other residential structures in the area since a 20 -foot front yard setback is not required for other lots in the neighborhood, the 3 -foot 2 -inch rear yard setback is reasonable due to the rear yard to side yard relationship, and the 3 -foot right side yard setback is consistent with side yard setbacks for other lots in the neighborhood. Also, the project is designed to provide articulation and relief to reduce the mass of the structure. Additionally, the proposed 18 -foot garage depth is acceptable to avoid further setback encroachments and the proposed 18 -foot parking depth is adequate for the parking of vehicles. Environmental Review The proposed 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 3 (Construction of a single - family residence in a residential zone). Summary It is staff's opinion that the Variance request to exceed floor area is reasonable as the proposed 1,717 square foot single family dwelling has approximately the same floor area to lot area ratio as newer homes built in the neighborhood and the adjacent homes at 1603 and 1605 Balboa Avenue. The lot orientation with the application of setbacks unduly restricts the floor area. The request for the Modification to encroach into the front (Balboa Avenue) and right side (Abalone Avenue) setbacks also offer a reasonable design solution and the project provides sufficient articulation to mitigate the affects of the encroachment by limiting the mass and bulk of the structure that fronts Eckert Variance (PA2002 -194) November 7, 2002 Page 10 of 11 Balboa and Abalone Avenues. The rear encroachment, however, is far greater than the encroachments permitted at 1603 and 1605 Balboa Avenue. The location of the first floor garage is reasonable as it replaces the existing garage; however, the proposed second floor rear setback may be out of character with the two adjacent properties. As of the writing of this staff report, staff has received one e-mail in opposition to the proposed project, which is attached as Exhibit No-3. Recommendation Should the Planning Commission choose to approve Variance No. 2002 -007 and Modification Permit No. 200 -103 as designed, the suggested findings and conditions of approval have been included in the attached resolution (Exhibit No. 1). It is staff's opinion that the Variance is supportable as are the setback encroachments adjacent to Balboa Avenue. Although the project has been designed to reduce building mass along Abalone Avenue, the encroachment into the required 5 -foot setback along may be contrary to the legislative intent of the Municipal Code. By encroaching towards Abalone, the project would become inconsistent with other residences along the same street. Additionally, the encroachment into the rear yard may be out of character with the existing structures located at 1603 and 1605 Balboa Avenue. 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 and continue the item to see a revised design, if desired, or deny the application. Findings for denial have been prepared and are attached as Exhibit No. 2. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: GREGG B. RAMIREZ Associate Planner &ua-- Llj�� - - Exhibits 1. Resolution No. 2002 -_ ;Findings and conditions of approval 2. Findings for denial 3. Comment letter 4. Assessor's Map 5. Plans Eckert Variance (PA2002 -194) November 7, 2002 Page 11 of 11 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2002 -007 AND MODIFICATION PERMIT NO. 2002 -103 FOR PROPERTY LOCATED AT 1601 BALBOA AVENUE (PA2002 -194) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Ian Harrison, agent for the property owner, Patricia Eckert, with respect to property located at 1601 Balboa Avenue and described as the Westerly 25 -feet of Lot 13 and Westerly 25 -feet of Lot 14, Block 6, Section 5, Balboa Island Tract, requesting approval of Variance No. 2002 -007 to exceed the 1,025 square -foot floor area by 692 square feet, and Modification Permit No. 2002 -103 to allow a 16 -foot encroachment into the 20 foot front (Balboa Avenue) setback, a 2 foot 11 -inch encroachment into the 5 foot right side (Abalone Avenue) setback and 6 foot 10 inch encroachment into the 10 foot rear setback (2 °'J floor chimney an additional 1- foot), in order to construct a new single - family dwelling on Little Balboa Island. Section 2. A public hearing was held on November 7, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at these meetings. 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 not typical of the other lots in the area and the strict application of the setback standards would reduce the permitted building area to 1,025 square feet (including a required two car enclosed garage), and would result in a dwelling of limited size, with approximately 600 square feet of livable area which is considerably smaller than newer surrounding residences. 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 variance to increase the floor area the resultant structure would be inferior in size and inconsistent in design to other dwellings located in the vicinity 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 project as proposed by the applicant will result in a structure that is similar to and consistent with other dwellings in the area. The resulting gross floor area of approximately 1,717 square feet EXHIBIT 1 l Planning Commission Resolution No. Page 2 of 5 is comparable with the floor to land area ratio allowed on other properties on Little Balboa Island, and therefore not the grating of a special privilege. d) The granting of the requested variance 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 establishment of the floor area of 1,717 square feet will not, therefore, be detrimental to the surrounding neighborhood, and will result in a structure that is similar to surrounding dwellings with respect to size, bulk and design. e) 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 for the following reasons: The setbacks, as proposed, would result in the development of the site to be similar to other properties in the area and will result in a structure that is similar to and compatible with other residential structures in the area since a 20 -foot front yard setback is not required for other lots in the neighborhood, the 3 -foot 2 -inch rear yard setback is reasonable due to the rear yard to side yard relationship, and the 3 -foot right side yard setback is consistent with side yard setbacks for other lots in the neighborhood and, the project is designed to provide articulation and relief to reduce the mass of the structure. Additionally, the proposed 18 -foot garage depth is acceptable to avoid further setback encroachments and the proposed 18 -foot parking depth is adequate for the parking of vehicles. 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 20.1.040 of the Municipal Code. h) The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single - family residence in a residential zone). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -007 and Modification Permit No. 2002 -103, subject to the Conditions set forth in Exhibit "A." Planning Commission Resolution No. Page 3 of 5 Section 5. 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 provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7'h DAY OF NOVEMBER 2002. M Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: EXCUSED: 15 Planning Commission Resolution No. Paee 4 of 5 CONDITIONS OF APPROVAL Variance No. 2002 -007 & Modification Permit No. 2002 -103 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated November 7. 2002 with the exception of any revisions required by the following conditions. 2. Variance No. 2002 -007 and Modification Permit No. 2002 -103 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. 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. 6. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. Prior to the issuance of building permits, the applicant shall obtain approval from the Modifications Committee, the Public Works Department and record the approved Lot Line Adjustment with the County Recorder's Office. 9. Prior to the issuance of building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence. 10. 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. 11. Fences, walls, pilasters and other accessory structures greater than 24- inches in height shall be held back a minimum of 5 -feet from along each street right of way as measured from the northwest comer of the subject property to create a triangular view plane to ensure adequate sight distance is maintained. Jb Planning Commission Resolution No. Paee 5 of 5 12. The clear interior garage dimensions of 17 -feet 6- inches in width by 18 -feet in depth shall remain clear of all obstructions and remain available for the parking of vehicles. 11 Findings for Denial Variance No. 2002 -007 & Modification No. 2002 -103 1. 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 1,025 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 structure within the required right side (Abalone Avenue) setback conflicts with the established setback noted on the District Maps within the Zoning Code and any encroachment into that setback will not be consistent with the setbacks maintained by other structures along Abalone Avenue. b. The reduced rear yard setback would place the proposed structure 3 -feet 2- inches away from the adjacent property potentially affecting light and air and, the setback would be inconsistent with other structures on the block. c. The proposed interior garage depth of 18 -feet is not adequate, in this particular case, for the parking of vehicles. EXHIBIT 2 i A Page 1 of 1 Ramirez, Gregg From: james madison Sent: Tuesday, October 29, 2002 4:41 PM To: gramirez@city.newport- beach.ca.us CITY OF NEWPORT BEACH Oct. 28, 2002 Reference: P1 JBLIC NOTICE Patricia Eckert Residence (PA2002 -194 Variance # 2002 -007 Modification Permit # 2002 -103 Located at 1601 Balboa Ave. Balboa Island Ca 92662 Attention: GREGG RAMIREZ We are strongly onuosed to Variance # 2002 -007 Modification Permit 2002 -103 that allows proposed new residence to encroach into the 10 foot required rear yard setback adjacent to our home at 222 Abalone Ave. Balboa Island. Such a large encroachment would severely limit the amount of privacy and light entering the north side of our home. The variance also allows the new residence to protrude into the 5 foot setback adjacent to Abalone Ave. extending the new house well past our frontal setback. If the 10 foot rear yard setback is not adhered to, our home would be overwhelmed with the proposed new residence. The two homes to the East of 1601 Balboa Ave. are built to the required setbacks. ( they are located at 1603 and 1605 Balboa Ave.) When we owned 1601 we checked into a remodel and found it to restrictive, as did the subsequent owner. We remodeled our home at 222 Abalone Ave. and were required to adhere to the limitations at that time. However due to the small size of the lot. We are not opposed to variance pertaining to the front and side yard setbacks adjacent to Abalone Ave. as long as the building area does not exceed the height limit and extend beyond the frontal setbacks of the two adjacent homes located at 1603 and 1605 Balboa Ave. Thank -you for your consideration in the above variance. JAMES AND MARY MADISON 222 ABALONE AVE. BALBOA ISLAND CA 92662 10/31/2002 EXHIBIT 3 A I O O � b �— II 0 O^r Wpp pNp ^ Ln VWV¢VV N oy 2Nw.�2 N V a¢aw r aNg1�W W� N 22�V 1cWayi�� F ¢0¢2 Wr�wv® d=�I b C 2 Sp 9s W Q $ YnN3AV i 9 as Q+ W utl 1 4W2 W Y 2 ,Of ^ p •Of — viFV MSA80 N � ®�sao®0000a w o kb 1 01 ` a r o q of .ee a I ti Z �I L— '4 311N3AV 3NC7V &V 3 '4 E — 7 m � 917, a ° s h Z s 7VN" 67NVH9 V H W� ' h � � m R nc ,09 3H1 q EXHIBIT 14 mQ 91 a�-