HomeMy WebLinkAbout2- PLN-11-00055, 13411 Verdura AvenueSTAFF REPORT
DATE: APRIL 20, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
NARINEH SHAHINIAN, PLANNING INTERN
SUBJECT: PLN -11 -00055 (VARIANCE) — A REQUEST TO DEVIATE FROM SECTIONS
9312.08 AND 9410.12(b) OF THE DOWNEY MUNICIPAL CODE FOR
PROPERTY AT 13411 VERDURA AVENUE, ZONED R -1 5,000 (SINGLE
FAMILY RESIDENTIAL).
CEQA
Staff has reviewed the proposed addition for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5, Minor
Alterations in Land Use Limitations). Categorical Exemptions are projects which have been
determined not to have a significant effect on the environment and have been exempted from
the requirements of the California Environmental Quality Act. Class 5 consists of minor
alterations in land use limitations, such as side yard variances, that do not result in the creation
of any new parcel.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN -11 -00055 (VARIANCE): A REQUEST TO DEVIATE FROM DOWNEY MUNICIPAL CODE
SECTIONS 9312.08 TABLE 9.3.3 AND 9410.12(b), THEREBY ALLOWING CONSTRUCTION
OF A ROOM ADDITION THAT WILL ENCROACH ONE FOOT EIGHT INCHES (1' -8 ") INTO
THE REQUIRED SIDE YARD SETBACK, PROVIDE LESS THAN THE REQUIRED SQUARE
FOOTAGE FOR A ONE - BEDROOM DWELLING, AND ALLOWING SAID ADDITION TO BE
CONSTRUCTED WITHOUT PROVIDING A LOCATION FOR THE FUTURE ESTABLISHMENT
OF A TWO -CAR GARAGE FOR PROPERTY AT 13411 VERDURA AVENUE, ZONED R -1
5,000 (SINGLE FAMILY RESIDENTIAL).
CODE AUTHORITY
The applicant's request and the Planning Commission's authority to consider this request are set
forth in Municipal Code Section 9826 (Variances).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
13411 Verdura Avenue
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location:
4. Noticing Information
Applicant Notification:
Required Action Date:
2. Applicant Information
Property Owner:
Representative:
3. CEQA Determination:
13411 Verdura Avenue
AI N: 6266- 020 -055
Hermila and Robert L. Gutierrez
7518 Muller Street
Downey, CA 90241
Guillermo Palafox
8050 Florence Avenue Suite #27
Downey, CA 90240
Categorically Exempt (Class 5)
March 17, 2011
May 16, 2011
PLN -11 -00055 (Variance) —13411 Verdura Avenue
April 11, 2011 - Page 2
B. Surrounding Properties
North The property to the north of the subject site is zoned R -1 5,000 and has a General
Plan Land Use Designation of Low Density Residential. This property is 50.4 feet wide
and is improved with a single family residence.
East The properties located to the east of the subject property, on the east side of Verdura
Avenue, are zoned R -1 5,000 and have a General Plan Land Use Designation of Low
Density Residential. These properties are each improved with a single family
residence.
South The property to the north of the subject site is zoned R -1 5,000 and has a General
Plan Land Use Designation of Low Density Residential. This property is 75.6 feet wide
and is improved with a single family residence.
West The properties located to the west of the subject property, along Dempster Avenue,
are zoned R -1 5,000 and have a General Plan Land Use Designation of Low Density
Residential. These properties are each improved with a single family residence.
C. Photograph of Subject Property
Subject Property
BACKGROUND
Subject Site — East View
The subject property is located at 13411 Verdura Avenue and is zoned R -1 5,000 (Single Family
Residential). The General Plan Land Use Designation for the site is Low Density Residential
(LDR). The subject lot covers 2,268 square feet of land. It is 25.2 feet wide along the east and
west sides of the property and 90 feet deep.
The property is improved with a 385.92 square foot single - family dwelling that consists of one (1)
living room, one (1) bathroom, and one (1) kitchen. The property has no off - street parking. The
site is considered nonconforming because the building does not meet the minimum side yard
setback (5 feet), minimum dwelling size (700 square feet), nor does it provide enclosed off - street
parking as required for parcels within the R -1 5,000 zoning district.
On February 23, 2011 the property owner, Hermila Gutierrez, submitted an application for PLN -11-
00055, to deviate from the R -1 property development standards contained in Downey Municipal
PLN -11 -00055 (Variance) —13411 Verdura Avenue
April 11, 2011 - Page 3
Code Section 9312.08 Table 9.3.3, and the standards for additions to nonconforming structures
contained in Section 9410.12(b), thereby allowing a one bedroom addition to the existing
residence. Staff completed a review of the application on March 17, 2011, and the application was
deemed complete, thus allowing it to be scheduled for a public hearing.
On April 7, 2011 notice of the pending public hearing was sent to all property owners within 500
feet of the subject site and the notice was published in the Downey Patriot.
ANALYSIS
Mrs. Gutierrez is requesting approval of the following variances:
1. To encroach one foot eight inches (1' -8 ") into the required five foot (5') interior side yard
setback, allowing an addition to have a side yard setback of three feet four inches (3' -4 ");
2. To maintain a residence that does not meet the required 700 square foot minimum size for a
one - bedroom dwelling, allowing the residence to be 578.77 square feet; and
3. To add a room to a nonconforming structure without designating an area for the future
location of a two -car garage.
The subject property, which was subdivided prior to the City's incorporation in 1956, is only 25.2
feet wide, whereas the minimum required lot width for properties in the R -1 zone is 50 feet. The lot
depth is 90 feet, which corresponds to the adjacent lots on Verdura Avenue, but is less than the
115 feet deep lots on Dempster Avenue to the west. Consequently, the narrow width and shallow
depth of the lot, coupled with the required side and rear yard setbacks, reduce the amount of
buildable area available on the site.
The proposed plan shows that the new bedroom will be located within the required 5 -foot side
yard setback area on the south side of the property. In order to construct the new room, the
applicant requests to reduce the required side yard setback from five feet to three feet four
inches (3' -4 "). The applicant has indicated that the existing residence will remain and is
requesting for the side yard setback of the addition to line up with the existing side yard setback
of the residence.
Additionally, the proposed room addition, which will increase the size of the dwelling from
385.92 square feet to 578.77 square feet, is smaller than the 700 square foot minimum
requirement for a one - bedroom dwelling in the R -1 zone, as outlined in Table 9.3.3 in the
Downey Municipal Code (DMC).
The following table describes the required and proposed development standards for the subject
property, as found in Table 9.3.3 of the DMC:
Development Standard
House setbacks — minimum
Side — interior
Dwelling unit size — minimum
One (1) bedroom
Required Proposed
5' -0" 3' -4"
700 sq. ft. 578.77 sq. ft.
It is important to note that the house was constructed legally, although it encroaches into the
required side yard and front yard setbacks and currently does not meet the required minimum
dwelling size.
PLN -11 -00055 (Variance) —13411 Verdura Avenue
April 11, 2011 - Page 4
Finally, the proposed addition does not designate an area for the future location of off - street
parking on the property. Section 9410.12(b) of the DMC reads that an expansion or enlargement of
a nonconforming structure should "[...] not prevent the future establishment of required enclosed
off - street parking ". The property was legally established without any off - street parking. If a two -car
garage was required, part or all of the residence would be required to be demolished. Due to the
width of the lot, a two -car garage would not meet the five foot side yard setback requirement, and a
variance would be required to approve said garage.
FINDINGS
Downey Municipal Code Section 9826.08 sets forth the findings required in order for the
Planning Commission to approve a Variance. Therefore, staff analysis of the findings for the
Variance is as follows:
1. Exceptional or extraordinary conditions or circumstances exist which are peculiar to the
land, structure, or building involved on the subject property, which are not generally
applicable to other lands, structures, or buildings in the same vicinity and zone.
The minimum lot area for properties within the R -1 5,000 zone is 5,000 square feet, whereas
the subject site is only 2,268 square feet. The subject lot is 25.2 feet wide. It is considered
nonconforming since it does not meet the minimum required lot width of 50 feet for lots
within the R -1 zone. This substandard lot area defines a special condition that applies to this
lot that is not generally applicable to other properties in the same vicinity and zone. Due to
the substandard lot width of the subject property, it would not be possible to build a two -car
garage on this property that meets the current standards of the DMC.
2. The literal interpretation of the provisions of the Zoning Code would deprive the
applicant of rights under the terms of the Zoning Code commonly enjoyed by other
properties in the same vicinity and zone in which the property is located.
Section 9312.08 of the Downey Municipal Code establishes a minimum five -foot (5') interior
side yard setback and a minimum dwelling size of 700 square feet for a one - bedroom dwelling
in the R -1 zone. Section 9410.12(b) requires that an expansion or enlargement of a
nonconforming structure does not prevent the future establishment of required enclosed off -
street parking. With a limited lot size, denying the applicant from improving their property will
deprive their right to maintain a bedroom and bring the dwelling size closer to the required
700 square feet, which is permitted for other properties within the same vicinity and zone.
3. Special conditions and circumstances do not result from the actions of the applicant.
Approving the variance will allow the applicant to construct a bedroom for a single - family
dwelling that currently exists as a studio with no bedrooms. Approval of the variance will not
result in a special circumstance as a result of the action of the applicant since most single -
family residences in the city exist with one or more bedrooms.
4. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the Zoning Code to other lands, structures or buildings in the same
vicinity and zone in which the property is located.
In observing the area, staff noted that the other properties in the vicinity vary in size;
however, most are within 2,200 square feet to 8,600 square feet. Furthermore, several of
these homes are on lots that are large enough to meet the required side setbacks, minimum
PLN -11 -00055 (Variance) —13411 Verdura Avenue
April 11, 2011 - Page 5
dwelling size, and off - street parking. As such, the approval of this variance will not allow the
property owner to construct a structure that is not allowed by the Zoning Code.
5. The granting of this variance will be in harmony with and will not adversely affect the
General Plan.
The subject site has a General Plan Land Use Designation of Low Density Residential, which is
implemented with the R -1 zone. Approving the variance would allow the applicant to come
closer to meeting the minimum required size for a one - bedroom dwelling. In addition, approving
the variance would be consistent with the General Plan Program 8.2.2.4 of Policy 8.2.2 that
reads: "Encourage the upgrade of property appearance during the development review
process ".
6. The reasons set forth in the application justify the granting of the Variance, and the
variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
Because the substandard lot and substandard building were established legally in 1949, prior
to the City's incorporation, they do not meet the current development standards set forth in the
DMC. The applicant is requesting to add a bedroom to the existing studio -style dwelling, while
maintaining the side yard setback of the existing dwelling. This variance is a reasonable
request for the use of the property and structure.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained in this report, staff believes that the lot size creates an
unnecessary hardship for the property owner, which is unique when compared to other residential
properties in the same vicinity and zone. This makes it difficult to comply with the side yard
setbacks, minimum dwelling size, and required off - street parking. It is staff's opinion that the
request will not create any significant effects to the neighboring properties. Furthermore, staff
believes that all six (6) findings required to approve a variance can be made in a positive manner.
As such, staff recommends that the Planning Commission approve PLN -11- 00055, subject to the
recommended conditions of approval.
PLN -11 -00055 (Variance) —13411 Verdura Avenue
April 11, 2011 - Page 6