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MODIFICATION
PERMIT NO. MD2007-054 (PA2007-134) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-054 (PA2007-134) |
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Applicant |
Brion Jeannette
Architecture |
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Site Address |
443 Harbor Island
Drive |
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Legal Description |
Tract 3283, Lot 8 |
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On August 6, 2007,
the Zoning Administrator approved the application request to allow to exceed the 3-foot height limit allowed in
required front yard setbacks adjacent to Newport Bay. The proposed project
consists of 5-foot high tempered glass walls adjacent to the side property
lines, 3-foot high tempered glass walls at the side property lines to the
front edge of the pool, and a 5-foot high gate adjacent to the 3-foot high
tempered glass wall to the northerly side property line. The tempered glass
walls and gate are pool protection structures required by the Building Code.
The property is located in the R-1 District. The Zoning
Administrator’s approval is based on the following findings and subject to
the following conditions. |
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FINDINGS
1.
The Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan designate the site for “Single-Unit Residential
Detached” use. The existing residential
structure is consistent with this designation. The proposed tempered glass
walls, and gate are accessory to the primary use.
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 11 (Accessory Structures)
3.
.
4.
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 reasons:
·
The Zoning Code allows walls and
fences up to 3-feet high above natural grade within the required front setback
of properties adjacent to
·
The proposed 5-foot high tempered
glass walls and gate, and the 3-foot high tempered glass walls above the
existing seawall will provide Building Department required pool protection for
a proposed pool to be located adjacent to the existing seawall along
5.
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 reasons:
·
The
property is irregular in shape and is located with the widest portion adjacent
to
·
Since
walls and fences are restricted to 3-feet in height within required front yard
setbacks, the strict application of the Zoning Code would significantly limit
the useable area of the required 20-foot front yard adjacent to
6.
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:
·
Granting the request to encroach into
the required front yard setback with the proposed 5-foot high tempered glass
walls and gate, and 3-foot high tempered glass walls above the existing seawall
is consistent with modified and conditioned approvals granted by the Zoning
Administrator, Modifications Committee, and the Planning Commission on appeal
for encroachments of similar structures within the neighborhood and throughout
the City.
7.
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 5-foot high tempered glass walls and gate will
provide pool protection for a proposed pool to be located in the front yard
adjacent to the existing seawall on
·
The proposed tempered glass walls and gate will not obstruct
public or private views to the north or south along
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.
The proposed 5-foot high tempered glass gate shall not be
constructed within the required 20-foot front yard setback. The proposed 5-foot
high tempered glass wall adjacent to
3.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
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 the 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
20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section
20.93.055 (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
Letter of Opposition – D. Fishman, Harbor Island Drive
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-054
PA2007-134
443 Harbor Island Drive