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Home My WebLink About25 - Rowe Residence Appeal - 2231 Pacific DriveSEW �Rr J i • '�isoa�� CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Rowe Residence 2231 Pack Drive May 24, 1999 25 Patricia L. Temple (949)644 -3200 PURPOSE OF APPLICATION: An appeal of the decision of the Planning Commission which upheld the decision of the Modifications Committee, which denied a request to change Condition No. 4 of Modification No. 4538. The Condition of Approval requires that use of an attic space over a garage be limited to storage only, and that the storage area is not to be used as additional living space. The applicant is requesting that the condition of approval be changed to allow the area over the garage to be converted to living area and used as a home office. SUGGESTED ACTION: Concur with the determination of staff related to the changes needed to bring • the project into conformance with the original approval of the Modification Committee, incorporate as additional conditions of approval of Modification 4538, and remove the appeal from calendar. Discussion On Wednesday, May 12, 1999, the Planning Director met with Mr. Phil Rowe and his attorney to discuss what changes to garage and storage space would be needed to be in conformance with the approval of the Modification Committee, and, further, to be consistent with the Uniform Building Code. In order to be considered in compliance with the planning approval, the following changes were agreed to: • Removal of all plumbing and connections in the storage space. Water service in the garage shall be limited to a water heater, sink, and laundry connections. • Remove all cabinetry and furniture from the storage space. Cabinetry may be relocated to the garage to serve the laundry area. • Remove the telephone connection from the storage area. A telephone connection may be installed in the garage. The Building Director also reviewed what additional changes would be needed to determine the • storage area as a non - habitable area. This is needed to allow the maintenance of a loft within the storage space which does not meet minimum clearance requirements. The following will accomplish this: • Removal of the carpet from the storage area. • Recordation of a covenant stating that the garage and storage are not habitable floor area and may not be used for living space. If these changes are implemented, staff is of the opinion that the project will be in compliance with the original approval of the Modification Committee. Additionally, the applicant has agreed to these changes. If the City Council supports the recommendation of staff, the applicant withdraws the appeal. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICIA L. TEMPLE Planning Director Page 2 • • J • Meeting Date: May 24, 1999 Agenda Item No.: 25 Subject: ROWE RESIDENCE — 2231 PACIFIC DRIVE — AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH UPHELD THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF MODIFICATION NO. 4538 — THE CONDITION OF APPROVAL REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS NOT TO BE USED AS • ADDITIONAL LIVING SPACE. THE APPLICANT IS REQUESTING THAT THE CONDITION OF APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE GARAGE TO BE CONVERTED TO LIVING AREA AND USED AS A HOME OFFICE. ALSO refer to City Council Agenda Packet for the Meeting of May 10, 1999, ITEM NO. 17 for the Original Report or Backup Information on this item. Thank you! 0 MAtiv--I , -49 1'H'J 1044 AM VCI DEVELOPMENT 00 [NO FAX' NO. 5207226021 P. 01 E • RE: CEIVTED 6Y PLANNING DEPARTMENT CITY r,= r.:r„ r,r::ACH AM HAY PM "18191101I Ill li ;s ;51 1616 f� VIA FAX TO: 949 -644 -3250 City of Newport Beach Planning Department & Commission Mark Myers - Planter P.O. Box 1768 Newport Beach, CA 9269 -1768 May 4, 1999 COUNPIL AGENDA N0.5 a -4* N RE: CONDITION #4 OF MODIFICATION 438 -2231 PACIFIC DRIVE - CITY COUNCIL APPEAL Dear Gentlemen: I am the legal owner of record at 2227 Bayside Drive, which is directly across the street from the storage - garage structure listed above_ I am opposed to any change in use and do support the decision made by the Modification Committee and the Planning and Zoning Commission- I am unable to attend the meeting in person and I ask that someone contact me with the decision of the appeal. sincerelly, Gar��r• ,mrih 6408 E. Tanque Verde Tucson, Az 85715 (520) 885 -4632 SUSAN S. VAUGHN 4 -1 -99 City of Newport Beach Planning Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca. 92659 Re: Modification Permit No. 4843 2231 Pacific Drive Corona del Mar Dear Sir or Madam: 7 COU CIL AGENDA N0. a - *as 0 This modification concerns me deeply because, the property is located on a R -1 lot, and with it being separated from the main house, it could easily become an apartment at some later time. Our neighbors have also come to us with the same concerns, and this is our third letter to the city regarding this matter. We all know from living in Corona del Mar most of our lives that "kickers" just seem to spring up all over the place and somehow they manage to squeak by the members reviewing the permits on modifications. We have concerns regarding the parking if this is allowed to go through not to mention the head count of the people living and occupying a single - family residence. Feel free to call my husband or myself at anytime regarding this letter. Suzi Vaughn RECEIVED BY PLANNING DEPARTMENT CITY OP IzEACH hiAY i 'i i999 P AM M 7181911th 11 l l l u 111213141516 2200 PACIFIC DRIVE • CORONA DEL MAR. CA • 92625 PHONE: 919.720 -0876 . FAX: 919- 675 -5606 is C� 6 -20 -1999 3_t�4PM FROM PAGE ONE 714 851 0325 P.1 COUMq , AGENDA r NO. . aS FACSIMILE COVER SHEET D :54 W. Wj 3..t. �4� 7FT JI`4'%""o-"ty,.,...Ew, �N' -Ir^�Y ^•'...i 4'`.C�1T i'e&W AEACH ilkh Gt! Yo: LX± c e _ ,tl z.4 14/9 Company. Lll,j� C W ! �� 1 Al ` ^ x-563 'Fax # . From'i�1 t✓t 0 of pages including this page: r Message: In 1 _ � s.tt 4 e Qt •'. a t"' _.5� .3>- J ..Y 3 ..A 1 ri J''/i 1 j t . ` Cti �. y�sa r ,�'� •, � J. J 99. �1.�". r r.lt.. j � �+ urvt 114 861 0326 P LA rT luet:. �, Cry oft:8each C*IC W r 3300 IJewpoit $Ivd = Newport,$each CA .92658 �a :�y4 • SS qY� Y `rte i H {y Lam✓, .,. 3 t A R r cations Jf4843 appea . � . . . 4 Dear ttttcrl 3 Y Members I awn.the property at 2224 Pacific Drive,`direetly across thestreet from the Rowes. .Both properties are located in an R 1 district, the yerpettiity of which is important, to protect all .. of the:'�.{i�.omeowners' investments, Please recognize my opposition to the modification based on the reasonable expectation that the proposed "home office" area will ultimately become another illegal rental unit. We all know that there are few mechanisms. in Place to monitor the property's future use. Regardless of what the Rowes might pro- Prevent them or a future owner fr misi the city at this time, there is nothing to Council, finds in favor of the Rowes they will effectively property be pa rov ng three separate f the rentable. units in an R -1 neighborhood. When the original modification permit ( #4563) was issued on May 30, 1997 it was approved subject to certain conditions. The Rowes have ignored the city's conditions and have proceeded illegally to create a living space without first obtaining the proper permits. Had the Rowes been honest about their intentions in May of 1997, I doubt that the city or the neighbors would have allowed the original modification. The Rowes' attempted manipulation of the city's zoning ordinance is obvious and offensive to me and to the other property owners in the neighborhood. It is clear by the photographs in the Report to the Planning Commission that the Rowes intent is to create a living space not a home office. The city has a responsibility to prevent this kind of manipulation of the system. Please do not reward the Rowes for their attempt to deceive of the city and the neighbors. I strongly oppose this modification on the grounds that it would negatively affect the other properties in the neighborhood and would create a persistent code enforcement problem for the city's employees. I urge the Council to deny the appeal. r�L 0 r C I COUNCI AGENDA NO.s aa,5 �R 'C D '99 MAY 11 A 9 :43 r�tt lion - .]:Able Mayor and Members ,. the „_tv Coucoil Re: hearing on the 10'7 day of May, M ^di.fi.nation PermiPF,Mq,tCE04.- HECi "YCLERK CII'r ?r 4_y'^RT REACH I was very surprised recently when I received yet another notice of a Public hearing regarding the property at 223 Paci`ic Crive. The structure was an unused garage prior to the purchase by the current owners. The current c��ners then built the rental unit over the garage and enlarged the driveway and parking area on °ayside Drive. Phe same woman with short black hair has been living in the "storage loft for almost a year now. She drives a clack sedan which she parks it _he garage rr in th- r.4-ivew =_y on Bay-r>ic_ Drive. Tres'- continues to be sr': out on Bayside and a t�levisicn is on late ia.to the .light. in additi:n, dui. , last sumner an--J `a :- there was an awning arching approximately five feet _rom the t-u.c__rg, =.nd the .,rackets _rcr. ..._s a::r'_aq are s=ill .,,,ib1e. :r seem that =`.:_ sort ,f co.- .venLecce wcui.d be inneoassary' if me scale was actually _func!:Lo ^ : ".G as vimn :'y ,_ st- =--ge area. Concerned Neigiib=:r Date Copies Sent Tx mayor Council Member Manager = :: .0 Att rney 0 . 0 O cu 28- M F --M - g5' 2325 P. 2 DOUGLAS B. LAX May 10, 1999 City of Newport Beach "RECEIVED AFTER AGENDA City Council PRINTED:" 3300 Newport Blvd. Newport Beach, CA 92658 Re: Modification permit #4843 - appeal Dear Council Members, I own the property at 2224 Pacific Drive, directly across the street from the Rowes. Both properties are located in an R -1 district, the perpetuity of which is important, to protect all of the homeowners' investments. Please recognize my opposition to the modification based on the reasonable expectation that the proposed "home office" area will ultimately become another illegal rental unit. We all know that there are few mechanisms in place to monitor the property's future use. Regardless of what the Rowes might promise the city at this time, there is nothing to prevent them or a future owner from renting out the property as a separate unit. If the Council finds in favor of the Rowes, they will effectively be approving three separate rentable units in an R -1 neighborhood. When the original modification permit ( #4563) was issued on May 30, 1997 it was approved subject to certain conditions. The Rowes have ignored the city's conditions and have proceeded illegally to create a living space without first obtaining the proper permits. Had the Rowes been honest about their intentions in May of 1997, I doubt that the city or the neighbors would have allowed the original modification. The Rowes' attempted manipulation of the city's zoning ordinance is obvious and offensive to me and to the other property owners in the neighborhood. It is clear by the photographs in the Report to the Planning Commission that the Rowes intent is to create a living space not a home office. The city has a responsibility to prevent this kind of manipulation of the system. Please do not reward the Rowes for their attempt to deceive of the city and the neighbors. I strongly oppose this modification on the grounds that it would negatively affect the other properties in the neighborhood and would create a persistent code enforcement problem for the city's employees. I urge the Council to deny the appeal. MPY --4 -1999 12:2 - P.a2/a2 JOHN HARLAN DAWSON ,IOO, I**,1 KEITH ABBOT DAWSON DAWSON & DAWSON A PAOreeei014AL CoRPDA11I0ry ATTORNEYS AT LAW 2660 FAST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92625 May 24, 1999 Te,el.o „e (949) 720 -9414 TELEG PIER (949) 739 -9144 City C l e r k "RECEIVED AFTER AGENDA City of Newport Beach VIA TELECOPZE INTED:'I 5'14-le1 3300 Newport Boulevard (949)644 -3039 -ii,'S Newc ort Beach, CA 92658 -8915 Planning Department City of Newport Beach VIA TELECOPIER � m 3300 Newoort Boulevard (949)644 -3039 `IC) Newport Beach, CA 92658 - 8915 =� a n -E n a M Re: 2231 Pacific. Drive. Corona del Mar ° Modification Permit No. 4843 w < Request for Continuance of Public Hearing ® o C3 x� Greetings: I represent_ the Pl-illip and Mary Rowe, the Applicants in the above - referenced matter, which is scheduled for a public hearing before the Newport Beach City Council tonight, May 24, 1999. The Rowes and I have been working diligently with Planning Director Patricia Temple toward a resolution of the issues, including the recording of a restrictive covenant against the Rowe's property which confirms the non - residential use of the storage area in question. `_though it was my understanding that the City Attorney would be drafting a proposed covenant for my review which I was to have received last week, I have received nothing. Consequently, although we are very close to a resolution of this matter, I must request a continuance of tonight's hearing so that I have an opportunity to consider the proposed covenant with my clients. Unfortunately, my clients and I will both be out of town when the next meeting of the City Council is scheduled. As such, I request that this matter be continued for one month. This will provide us with enough time to work out all of the details, including the wording of the proposed covenant. KAD \es cc: Phil and Mickey Rowe Very Truly Yours, TOTAL P.02