|
|
MODIFICATION
PERMIT NO. MD2007-074 (PA2007-203) |
||
|
PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
|
|
|
|
|
|||
|
|
|||
|
|
|
|
|
|
Application No. |
Modification Permit No. MD2007-074 (PA2007-203) |
|
Applicant |
Todd and Elizabeth
Teach |
|
Site Address |
2328 La Linda Place |
|
Legal Description |
Lot 13 , Tract 5615 |
|
On November 19, 2007, the Zoning Administrator
approved the application request to permit encroachment into the required 20-foot
front yard setback with a portion of a proposed addition to an existing
single-family dwelling. A portion of the addition will encroach up to 2 feet
6 inches; and the proposed eave overhang will encroach up to 4 feet 4 inches
into the required front yard setback. The property is located
in the R-1-B-5 District. The Zoning
Administrator’s approval is based on the following findings and subject to
the following conditions. |
|
FINDINGS
1.
The Land Use Element of the General Plan designates the site
for “Single-Unit Residential Detached” use. The
existing residence and proposed addition to the structure is consistent with
this designation.
2.
This 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 1 (Existing Facilities).
3.
The modification to the Zoning Code,
as proposed, is consistent with the legislative intent of Title 20 of the
Newport Beach Municipal Code. It is a logical use of the property that would be precluded by
strict application of the zoning requirements for this District for the
following reason:
·
The proposed addition and eave
overhang is a reasonable design solution for the irregularly-shaped lot. It
will be located at the northeasterly side of the property adjacent to the
shortest property line.
4.
In accordance with the provisions of
Chapter 20.93, the granting of this application is necessary due to practical
difficulties associated with the property. The strict application of the Zoning
Code results in physical hardships that are inconsistent with the purpose and
intent of the Zoning Code for the following reason:
·
The subject property is located in a
cul-de-sac and has an irregularly shaped front property line adjacent to
5.
In accordance with the provisions of
Chapter 20.93, the requested modification will be compatible with existing
development(s) in the neighborhood for the following reason:
·
The proposed addition and related eave
overhang will not affect the flow of air or light to the neighboring
residential property adjacent to the northeasterly side property line since
they will maintain the required side yard setback. Additionally, the
neighboring property is slightly lower in elevation and is sited with the
driveway adjacent to the side property line.
6.
In accordance with the provisions of
Chapter 20.93, the granting of this Modification Permit will not adversely
affect the health or safety of persons residing or working in the neighborhood
of the property and not be detrimental to the general welfare or injurious to
property or improvements in the neighborhood based on the following:
·
The proposed addition and related eave
overhang will comply with all other Zoning Code requirements regarding required
height and allowable lot coverage.
·
The proposed encroachment will not
affect sight distance from any street or driveway.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved plot plan, floor plans and elevations, except as noted in the
following conditions.
2.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
The encroachment of the proposed addition shall not extend
more than 2 feet 4 inches. The related eave overhang shall not encroach more
than 4 feet 4 inches.
4.
If any of the existing public improvements surrounding the
site is damaged by private work, new concrete sidewalk, curb and gutter, street
pavement, and other public improvements will be required by the City at the
time of private construction completion. Said determination and the extent of
the repair work shall be made at the discretion of the Public Works inspector.
5.
This approval was based on the particulars of the individual
case and does not, in and of itself or in combination with other approvals in
the vicinity or Citywide, constitute a precedent for future approvals or
decisions.
6.
Prior to issuance of building permits, the applicant shall
submit to the Planning Department an additional copy of the approved
architectural plans for inclusion in the Modification Permit file. The plans
shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11-inches by 17-inches. The plans shall
accurately depict the elements approved by this Modification Permit and shall
highlight the approved elements such that they are readily discernible from
other elements of the plans.
7.
A building permit shall be obtained prior to commencement of
the construction.
8.
A copy of this approval letter shall be incorporated into
the Building Department and field sets of plans prior to issuance of building
permits.
9.
All work performed within the public right-of-way shall be
reviewed and approved by the Public Works Department under an encroachment
permit/agreement, if required.
10.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date
of this approval, an extension may be approved in accordance with Section
20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension must
be in writing.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:ks
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
|
Modification Permit No. MD2007-074
PA2007-203
2328 La Linda Place