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MODIFICATION
PERMIT NO. MD2007-059 (PA2007-135) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-059 (PA2007-135) |
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Applicant |
Bob Thornton |
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Site Address |
2233 West Balboa
Boulevard |
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Legal Description |
Lots 9 through 15, inclusive, Block 22, of Newport
Beach |
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On August 20, 2007,
the Zoning Administrator denied the application request to encroach into the required rear yard setback with
a 4-feet 6-inch tall, combination transformer and concrete pad and fourteen
(14) 3-foot tall protection bollards. The transformer and the concrete pad
will encroach up to 6-feet 6-inches into the required 10-foot rear yard
setback (alley setback). The protection bollards will be placed around the
transformer pad and will encroach up to 8-feet 6-inches into the required
10-foot rear yard setback. The property is located in the SP-6
(Cannery Village/McFadden Square) and RSC (Retail Service Commercial)
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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FINDINGS FOR DENIAL
1.
The Zoning Administrator determined
that in this case, the proposal would adversely affect the health or safety of
persons residing or working in the neighborhood of the property, would be
detrimental to persons, property and improvements in the neighborhood, and that
the applicant’s request would not be consistent with the legislative intent of
Title 20 of the Newport Beach Municipal Code for the following reasons:
·
The existing non-conforming building encroaches into the
required rear/alley setback. Permitting additional encroachment into the alley
setback with the proposed transformer, concrete pad, and bollards could set a
precedent for the approval of other similar requests that could be detrimental
to the neighborhood.
·
The legislative intent to address encroachments does not
extend to an increase in the nonconforming status and additional encroachment
that would reduce or impact vehicular circulation in the alley.
·
The applicant’s statement that “surrounding developments
have power poles and parking within setbacks” is not a valid justification to
permit additional encroachment into the alley setback on the subject property.
·
The existing and proposed use of the building is retail
commercial on the ground level and two residential units on the second level.
Parking for the residential units is provided in an enclosed garage area at the
rear of the property.
·
It is the Zoning Administrator’s determination that the
10-foot alley setback required by the Zoning Code must be maintained free and
clear of obstructions. Any loss of parking for the Retail/Commercial use of the
property can be mitigated by use of street parking in the vicinity and in the
municipal parking lot located at the southerly end of
·
There is no justification for allowing
the proposed alley encroachment, since adequate space exists within the
buildable area of the site for placement of the proposed structure.
2.
In accordance with the provisions of
Chapter 20.93, the granting of this application is not necessary due to
practical difficulties associated with the property. The strict application of
the Zoning Code does not result in physical hardships that is inconsistent with
the purpose and intent of the Zoning Code for the following reasons:
·
The maintenance of the alley setback is important in serving
the public in this area of the city and the provision of an electrical
transformer can be relocated elsewhere on the site so as not to encroach into
the alley setback.
·
The loss of a nonconforming parking space will allow for the
placement of the transformer and its accompanying bollard protection system clear
of the 10 foot alley setback and will potentially improve vehicular traffic
circulation in and around the subject property.
·
The future placement of existing overhead electrical system
underground will improve vehicular access in and around the subject property
and neighboring properties.
·
The placement of the transformer and its bollard system is
consistent with the Public Works Department.
·
The approval of the alley encroachment
could set a precedent for the approval of other similar requests which could be
detrimental to the neighborhood.
·
The proposed encroachment would
increase the nonconforming status of the subject property which already
encroaches into the alley setback with a portion of the existing building.
3.
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(s):
·
The placement of the transformer that maintains the required
alley setback will be compatible with existing development in the area.
·
The removal of a single parking space to accommodate the
placement of the transformer in a setback compliant location on site is a
reasonable design solution.
·
The proximity of municipal parking lots in the vicinity
provide adequate parking opportunities to offset the removal of a nonconforming
parking space and will allow for increased width in the remainder of the on
site parking spaces to improve vehicle maneuverability in the parking lot.
4.
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 placement of the transformer within the alley setback
would adversely affect two-way vehicular and traffic circulation in the alley
and could be detrimental to the general public.
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
VICINITY MAP
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Modification Permit No. MD2007-059
PA2007-135
2233 West Balboa Boulevard