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HomeMy WebLinkAbout03 - Hardy Residence Modification - PA2013-187COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 16, 2014 Agenda Item No. 3: SUBJECT: Hardy Residence Modification Permit - (PA2013 -187) 1736 Bayport Way Modification Permit No. MD2013 -016 APPLICANT: Michael G. and Michele Hardy, Property Owners PLANNER: Jason Van Patten, Planning Technician (949) 644 -3234, jvanpatten @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: R -1 -10000 (Single -Unit Residential) • General Plan: RS -D (Single -Unit Residential Detached) PROJECT SUMMARY A modification permit to allow a 464- square -foot addition to an existing 2,790 square - foot single - family residence that is nonconforming due to the interior dimension of the garage. The existing two -car garage provides an interior width of 17 feet 2 inches and depth of 22 feet 1 inch, where a minimum 20 -foot by 20 -foot interior dimension is required. The applicant is further requesting that a portion of the proposed addition encroach 1 -foot into the required 10 -foot side setback. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No. MD2013 -016 (Attachment No. ZA 1). DISCUSSION • The property is currently developed with a 2,790- square -foot single family dwelling with an attached nonconforming two -car garage that measures 17 feet 2 inches wide and 22 feet 1 inch deep. The existing structure is also considered 1 2 Hardy Residence Modification Zoning Administrator January 16, 2014 Page 2 nonconforming because portions of the building encroach into the front, side, and rear setbacks. • The existing residence and two -car garage were originally constructed under the jurisdiction of the County of Orange in 1959 and subsequently annexed to the City in 1968. At the time of original construction, the existing two -car garage was compliant in size. • Pursuant to Zoning Code Section 20.40.090 (Parking Standards for Residential Uses), lots 40 feet wide or more require interior parking dimensions of 20 feet by 20 feet. • The proposed addition consists of a new bathroom, kitchen, and family room addition on the first floor. Other site improvements proposed include a trellis at the rear and a new covered entry at the front. • Section 20.38.060.A.2 (Nonconforming Parking) of the Zoning Code limits additions to a maximum of 10 percent of the existing floor area of the structure when parking is nonconforming. However, a larger addition may be allowed subject to the approval of a modification permit. In this case, the proposed addition is approximately 16 percent. • Pursuant to Zoning Code Section 20.52.050.B.2 (Modification Permits) setback encroachments are limited to a maximum 10 percent deviation from the standard being modified. In this case, the request is to allow the bedroom addition to encroach 1 -foot (10 percent) into the required 10 -foot side setback. • The property is located within a neighborhood that is developed with single - family residences. A number of these properties (including three on Bayport Way) were developed with setback encroachments and parking dimensions similar to the subject property. • Given the scope of work, increasing the width of the garage to 20 feet would result in a physical hardship requiring significant structural alterations to the living and dining room as well as the second floor living area above the garage. • The existing west side of the residence encroaches into the side setback due to the orientation of the structure and the irregular shape of the lot. The proposed family room addition is intended as an extension to the existing residence while limiting any disruption to the form and design of the structure. The 10 percent encroachment is the maximum extent feasible through a modification permit. • The proposed addition will occur on the first floor toward the rear of the house, and will maintain a minimum distance of nine feet from the nearest neighbor TmpIC07 -18 -13 Hardy Residence Modification Zoning Administrator January 16, 2014 Page 3 which will provide adequate protection for light, air, and privacy. The addition will not be visible from the street, will not preclude access to the dwelling, and will be consistent in scale with other residences in the neighborhood. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This exemption includes additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The project involves an addition of 464 square feet, or approximately 16 percent of the floor area of an existing single family residence. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Prepared by: �V iw� Jas Van Patten Planning Technician JM /jvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Description and Justification ZA 4 Site Photographs ZA 5 Project Plans TmpIC07 -18 -13 J Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2014 -0 ## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -016 TO ALLOW A 464- SQUARE -FOOT ADDITION TO AN EXISTING SINGLE - FAMILY RESIDENCE WITH NONCONFORMING PARKING AND A 1 -FOOT ENCROACHMENT INTO A SIDE SETBACK LOCATED AT 1736 BAYPORT WAY (PA2013 -187) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael G. and Michele Hardy, property owners, with respect to property located at 1736 Bayport Way, and legally described as Lot 12 of Tract 2467, in the City of Newport Beach requesting approval of a modification permit. 2. The applicant requests a modification permit to allow a 464- square -foot addition to an existing 2,790 square -foot single - family residence that is nonconforming due to the interior dimension of the garage. The existing two -car garage provides an interior width of 17 feet 2 inches and depth of 22 feet 1 inch, where a minimum 20 -foot by 20- foot interior dimension is required. The applicant is further requesting that a portion of the proposed addition encroach 1 -foot into the required 10 -foot side setback. 3. The subject property is located within the Single -Unit Residential (R -1- 10000) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 16, 2014, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the requirements of the California Environmental Quality Act Guidelines under Class 1 (Existing Facilities). 2. The Class 1 exemption includes additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The project 7 Zoning Administrator Resolution No. ZA2013 -0## Paqe 2 of 6 involves an addition of 464 square feet, or approximately 16 percent of the floor area of an existing single - family residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Modification Permits — Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: A -1. The existing residence and two -car garage were originally constructed under the jurisdiction of the County of Orange in 1959 and subsequently annexed to the City in 1968. At the time of original construction the existing two -car garage was compliant in size. A -2. The neighborhood is developed with single - family residences. A number of these properties (including three others on Bayport Way) were developed with setback encroachments and parking dimensions similar to the subject property. The proposed addition will not change the single - family use of the property, and the setback encroachment is compatible with the development pattern in the vicinity. A -3. The subject property and those within the neighborhood are limited to a maximum site coverage of 60 percent. The approximate 16 percent addition will result in a site coverage of approximately 41 percent, which is less than the maximum allowed and is generally within the range of properties in the neighborhood. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: B -1. The existing west side of the residence currently encroaches between 1 -foot 5 inches to 5 feet 1 inch into the 10 -foot side setback due to the orientation of the structure and the irregular shape of the lot. Maintaining the existing building line with the proposed family room addition is not possible without encroaching into the setback. B -2. The proposed family room addition is intended as an extension to the existing residence while limiting any disruption to the form and design of the structure. The 10 percent encroachment is the maximum extent permitted through a modification permit. I Zoning Administrator Resolution No. ZA2013 -0## Paqe 3 of 6 B -3. The granting of the Modification Permit is necessary to allow a reasonable addition to an existing residence that was constructed in compliance with garage standards in effect at the time, and that is adequate in width for the parking of two vehicles. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: C -1. Given the scope of work, increasing the width of the garage to 20 feet would result in a physical hardship requiring significant structural alterations to the living and dining room as well as the second floor living area above the garage. C -2. The proposed family room addition is designed to be architecturally compatible in form and shape with the existing residence to the maximum extent feasible. Modifying the addition to conform with the side setback would result in an architecturally inconsistent design. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: D -1. Expanding the existing two -car garage to accommodate a 20 -foot interior garage width would significantly alter the interior layout of the residence. D -2. The proposed setback encroachment will not extend further than the existing residence, which has not shown to be a detriment. Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: E -1. The proposed addition will occur on the first floor toward the rear of the house, and the setback encroachment into the side setback will maintain a minimum distance of nine 0 Zoning Administrator Resolution No. ZA2013 -0## Paqe 4 of 6 feet from the nearest neighbor which will provide adequate protection for light, air, and privacy. The addition will not be visible from the street, will not preclude access to the dwelling, and will be consistent in scale with other residences in the neighborhood. E -2. The existing nonconforming garage has not proven to be detrimental to the surrounding neighborhood and is adequate in width to park two vehicles. E -3. The proposed addition will result in a site coverage that is less than the maximum allowed by the Zoning Code. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -016, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JANUARY, 2014. Brenda W isneski, AICP, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2013 -0## Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Modification may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 8. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of 11 Zoning Administrator Resolution No. ZA2013 -0## Paqe 6 of 6 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Hardy Residence Modification Permit including, but not limited to MD2013 -016 (PA2013 -187). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 12 Attachment No. ZA 2 Vicinity Map 13 m Attachment No. ZA 3 Project Description and Justification 15 10 December 3, 2013 City of Newport Beach Building Division 100 Civic Center Drive Newport Beach, CA 92660 Re: Hardy, 1736 Bayport Way, Newport Beach, CA 92660 Proposed Modification Permit No. MD2013 -016 (PA2013 -187) Dear City of Newport Beach, The above referenced 2,375 s.f. house is located on an irregular shaped lot with a non - conforming structure (all four corners of the house encroach upon the 10' side & rear yard setbacks) and non- conforming garage (17.5' x 24', instead of 20'x 20'). When including the garage 415 s.f. we have a total of 2,790 s.f., which calculates to an allowable expansion of 279 s.f. (10% of total s.f.); we are requesting 464 s.f. — Conditioned (Livable - Interior) and 79 s.f. — Non - Conditioned (Non - Livable- Exterior) of New Construction with this Proposed Modification Permit. Proposed additions to footprint of house 1. Area 1— New bathroom —98 s.f. — Conditioned (Livable- Interior) 2. Area 2 — Kitchen /Pantry & eating area expansion — 264 s.f. —Conditioned (Livable- Interior) 3. Area 3— Family room expansion— 102 s.f. —Conditioned (Livable - Interior) 4. Area 4— Front entry expansion — 79 s.f. — Non - Conditioned (Non - Livable- Exterior) During the initial design process, we looked into expanding the garage to meet current garage dimension requirements and our only option would be to go into the living room 3' (the other side of the garage is already into the side yard setback) and would have required a structural re- enforcement that made the expansion cost prohibitive. Additionally, the re -work of the new garage would impact the living room /dining room /entry area as the expansion would have compressed the conditioned living area by 3'x 23', which would make that area really small and would have required moving existing interior walls to create more space in that area. We have gone to great lengths to ensure that the requested modification will be compatible with existing development in the neighborhood. However, due to the irregular shaped lot, the orientation to property boundaries and setback encroachments, the original structure is non - conforming by current Zoning Code restrictions, any attempt to expand /enhance the property while maintaining compatible development with the neighborhood is not possible without having to encroach into areas that at present may be considered an issue. There are unique characteristics involved with each area of expansion: 17 Area 1— We were unable to space plan anew full bathroom in the existing structure, so we will locate the bathroom expansion on the east side of the house because it is in immediate proximity and will be primarily used by the family members of the two front bedrooms. None of the new construction extends into the rear yard 10' setback; we tried to keep the entire expansion at least 6" away from the allowable setback wherever possible; however, there are factors involved that prevented us from accomplishing that goal; there is a side gate that we needed to provide sufficient space for passage back and forth from the front yard to the back yard, and due to our irregular shaped lot, we found that building a rectangular shaped structure, could not be configured properly without restricting passage from the front yard to the back yard and without requiring a variance request, so we designed the new structure with mini -jogs, thus allowing us to build a full bathroom that meets our needs, keeps the project on budget and is entirely built within the allowable setback area. The addition will be located behind the side fence, will not be a detriment to the occupants, neighbors, neighborhood or the general public and other than the new roof, will not be visible from the street or by our neighbors to the east. Area 2 —The entire original kitchen area has never been reconfigured, it is dated and too small to hold more than two people at a time; we were not able to reconfigure the existing footprint to accommodate our proposed kitchen /pantry & eating area, so we utilized as much of the existing area as possible and expanded into the southern side of the structure adjacent to the existing kitchen; adding a trellis structure for shading purposes. The expansion area is located in the middle of the backyard, so it will not interfere with neighbors views; none of the new construction extends into the rear yard setback, and the new trellis will not be visible to either of our neighbors to the South, due to the large mature trees they have in their backyard (Cyprus & Avocado). Area 3 —The original family room on the southwest area of the lot has never been remodeled, the proposed expansion will not interfere with our neighbors view to the south (lot orientation makes seeing the expansion almost impossible) or west (fence with trellis covered with ivy is over 10' tall) side of the property. Approximately 96% (98 s.f.) of the new addition is within the allowable lot space, while 4% (4 s.f.) of the addition occupies areas within the 1' allowable setback limit. We made every effort to reconfigure the existing footprint, but could not make it work, we had to remove 5" of proposed expansion that would have made the wall flush with the existing structure, but that 5" would have required a variance, so we have re -drawn our plans to comply current Zoning allowances. Area 4— Currently, when you approach the front door, the porch area is very small and you are exposed to the elements; when you enter through the front door you immediately enter the living room. The proposed expansion will provide protection for visitors during inclement weather, separation from the living room area and will provide an ample covered porch area for visitors and parcel deliveries. We have had two separate designers supply their professional opinions in evaluating our needs while providing the highest consideration to the City of Newport Beach setback limitations and together, we have crafted a design plan that will not create a detriment to surrounding owners, occupants, the neighborhood or to the general public. M The granting of this modification request will not prove detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City of Newport Beach, or result in a change in density or intensity that would be inconsistent with the provisions of the City of Newport Beach Zoning Code. We look forward to the Zoning Administrations approval of our Proposed Modification Permit. Please feel free to contact us with any questions or concerns at (949) 375 -3540 mobile /text or by e-mail: elitepropertiesl @cox.net at your earliest convenience. 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