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HomeMy WebLinkAbout1. PLN-12-00261 - 7215 BairnsdaleSTAFF REPORT DATE: MAY 1, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-12-00261 (VARIANCE) – A REQUEST TO DEVIATE FROM DOWNEY MUNICIPAL CODE SECTION 9312.08(A) IN ORDER TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK TO ALLOW THE MAIN STRUCTURE TO BE BUILT TO THE PROPERTY LINE LOCATION: 7215 BAIRNSDALE STREET (AIN: 6366-031-002) ZONING: R-1 6,000 (SINGLE FAMILY RESIDENTIAL) REPORT SUMMARY The proposed Variance (PLN-12-00261) is a reques t to deviate from Downey Municipal Code Section 9312.08(a), which requires a 20 ft. minimum rear yard setback. The applicant proposes to encroach into said required setback, thus allowing the main structure to be built to the property line. Based on the analysis contained within this report, staff feels that all required findings to approve the Variance can not be made in a positiv e manner; as such, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-12-00261 (VARIA NCE), REGARDING A REQUEST TO DEVIATE FROM DOWNEY MUNICI PAL CODE SECTION 9312.08(A) IN ORDER TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK TO ALLOW THE MAIN STRUCTURE TO BE BUILT TO THE PROPERTY LINE ON PROPERTY LOCATED AT 7215 BAIRNSDALE STREET, ZONED R-1 6,000 (SINGLE FAMILY RESIDENTIAL). BACKGROUND On August 23, 2012, the Code Enforcement Division received an anonymous complaint that a patio cover and barbeque equipment were constructed illegally. Further investigation and a field inspection demonstrated that in fact, a patio cover, barbeque area and counter space had been constructed without the benefit of permits. Said patio cover was built immediately adjacent to a balcony that is attached to the rear of the residence. Said second floor balcony, along with a first floor studio, recreation room, and ¾ bathroom, were constructed with permits and finaled in December, 1988. This permit allowed for a ten foot encroachment into the required 20-foot rear yard of the property, leaving only a 10 foot rear yard setback for a length of approximately 22 feet of the main dwelling. As such, the existing main dwelling currently encroaches into the required rear yard and the illegal patio cover eliminates the rear setback altogether. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA According to the Downey Municipal Code, the main dwelling in the R-1 6,000 zone requires a minimum 20-foot setback from the rear property line. Consequently, the applicant submitted a Variance (PLN-12-00261) application, requesting to deviate from said requirement on October 17, 2012. After an initial review of the request, staff determined that additional information was needed to process the Variance. As such, staff deemed the request incomplete. On January 14, 2013, the applicant submitted the required information, thus allowing staff to deem the request complete on April 4, 2013 and set the matter for hearing. On April 18, 2013, notice of the pending application was published in the Downey Patriot and a notice was mailed to all property owners within 500’ of the subject site. Site Photograph DISCUSSION/ANALYSIS The subject site is located in the northwest area of the City, most commonly known as “The Island”. It is a rectangular-shaped lot measuring approximately 5,660 sq. ft. located at the end of a cul-de-sac. The subject site meets most minimum requirements of the R-1 6,000 (Single Family Residential) zone, with exception of the minimum lot size. The subject lot was created in 1959 and met the standards of the time, and although it does not meet the minimum square footage requirements for a new lot today, the existing property conforms to the average lot size and pattern of adjacent properties. The site fronts Bairnsdale Street while the Rio Hondo Riverbed is located to its rear. Surrounding land uses only include single- family residences, all zoned R-1 6,000 (Single Family Residential). Sub j ect Patio Cove r Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 2 Due to the standard, rectangular-shape of the property, the fact that the property owner did not legally construct the patio cover and the disregard to the required development standards, staff is unable approve the patio cover. In an effort to keep the structure at this location, the applicant submitted a land use permit application for Planning Commission consideration of a variance. It must be noted that the illegally constructed barbeque and counter area located beneath the patio cover can be legalized by pulling required ov er-the-counter permits. As such, the denial of this Variance is only for the encroachment of the main dwelling, and thereto attached patio cover, into the required rear yard setback. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use 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 projects with minor alterations in land limitations, such as issuance of minor encroachment permits. Inasmuch as the applicant is applying for an encroachment variance, staff feels that this request qualifies for this exemption. FINDINGS Pursuant to Municipal Code Section 9826.08, there are six (6) findings that must be adopted prior to the Planning Commission approving the Variance. A discussion of the findings follows: 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone . Exceptional or extraordinary conditions or circumstances do not exist at the subject site. The subject site meets most minimum requirements of the R-1 6,000 (Single Family Residential) zone, with exception of the minimum lot size. The subject lot was created in 1959 and met the standards of the time, and although it does not meet the minimum square footage requirements for a new lot today, the existing property does conform to the average lot size and pattern of adjacent properties. In addition, the existing dwelling was developed lawfully through a building permit issued March 18, 1959 with subsequent lawful additions permitted via building permit No. 82-2121 and No. 08-381. There are no physical conditions that are peculiar to the land, structure, or building involved, which are generally not applicable to other lands, structures or buildings in the same vicinity or zone. The site or development is not unique in nature; as such, the applicant can feasibly comply with all current zoning standards. 2. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. As previously mentioned the subject site meets most minimum development requirements of the zone and as such, has enough area to meet the setback requirements of Section Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 3 9312.06 of Downey Municipal Code (DMC). The main dwelling on this property currently legally [non-conforming] encroaches into the required minimum 20-foot rear yard setback by 10 feet, and thus, is currently enjoying rights not commonly enjoyed by other properties in the vicinity. As such, it is staff’s opinion that this finding cannot be made. 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. Approving this variance (PLN-12-00261) will a llow the applicant to construct an attached, open patio cover over a barbeque area and counter space abutting the rear property line leaving no setback. Approval of the variance will result in a special circumstance as a result of the action of the applicant since the required minimum rear yard setback from the main dwelling to the rear yard property line is 20 feet. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Approving this variance (PLN-12-00261) will confer on the applicant a special privilege since properties in the vicinity maintain similar zoning and uses to the subject property, yet are able to comply with the City’s development standards. 5. The granting of such variance will be in harmony and not adversely affect the General Plan of the City. The subject site has a General Plan Land Use designation of “LDR” (Low Density Residential), which the Zoning Code implements through the residential property development standards described in Downey Municipal Code Section 9312.08 (a) – R-1 Zone Property Development Standards. Section 9312.02 of the Downey Municipal Code (Residential Zones) explains that the intent and purpose of the R-1 Zone regulations are to provide for the development of single-family residential areas. The provisions of the zone are intended to ensure that the residential character of such areas will be stabilized and maintained. Additionally, the zone encourages residential development that retains the scale of the existing residential neighborhood while facilitating adequate air, light, privacy and open space for each dwelling unit (DMC Section 9312.02 (a) (5) & (6)). Finally, granting the proposed variance would allow the applicant to alter the property in ways that do not comply with the Table 9.3.3 – R-1 Zone Property Development Standards of Section 9312.08 of the DMC for properties in residential zones, and thereby would not be in harmony with the General Plan of the City. 6. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant is requesting approval of the variance (PLN-12-00261) because the illegally constructed patio cover does not conform to the provisions of Table 9.3.3 - R-1 Zone Property Development Standards of Section 9312.08 of the Downey Municipal Code. Consequently, the structure encroaches into the required minimum 20-foot rear yard setback. Additionally, Section 9410 of the DMC prohibits this use’s alteration in a manner that increases the current legal, non-conforming 10-foot rear yard encroachment of the Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 4 main dwelling into the required rear yard setback. Finally, Section 9204 of the DMC requires the discontinuance and removal of illegal buildings or structures. As such, the reasons set forth in the application do not justify the granting of the variance. 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 within this report, staff is concluding that the illegal construction of the patio cover and the encroachment of said patio cover into the required rear yard setback area created a self-imposed hardship and as such, granting the requested variance would grant the applicant rights not commonly enjoyed by other properties in the same vicinity and zone in which the property is located. Furthermore, as previously noted, staff believes that the six findings required to approve a Variance can not be made in a positive manner . As such , staff is recommending that the Planning Commission deny the Variance (PLN-12-00261) . Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 5 Exhibits Location Aerial Photograph Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 6 500’ Radius Zoning Variance (PLN-12-00261) – 7215 Bairnsdale Street May 1, 2013 - Page 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING A VARIANCE (PLN-12-00261), THEREBY ALLOWING A DEVIATION FROM DOWNEY MUNICIPAL CODE SECTION 9312.08(A) IN ORDER TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK TO ALLOW THE MAIN STRUCTURE TO BE BUILT TO THE PROPERTY LINE ON PROPERTY LOCATED AT 7215 BAIRNSDALE STREET, ZONED R-1 6,000 (SINGLE FAMILY RESIDENTIAL). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On October 17, 2012 the applicant, Alberto Montalvan, submitted an application for PLN- PLN-12-00261 (Variance) – A request to deviate from Downey Municipal Code Section 9312.08(a) in order to encroach into the required 20-foot rear yard setback to allow the main structure to be built to the property line on property located at 7215 Bairnsdale Street, zoned R-1 6,000 (Single Family Residential); and, C. On April 18, 2013 notice of the pending public hearing was published in the Downey Patriot and notice was sent to all property owners within 500’ of the subject site; and, D. The Planning Commission held a duly noticed public hearing on May 1, 2013 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5, Minor Alterations in Land Use Limitations). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone . Exceptional or extraordinary conditions or circumstances do not exist at the subject site. The subject site meets most minimum requirements of the R-1 6,000 (Single Family Residential) zone, with exception of the minimum lot size. The subject lot was created in 1959 and met the standards of the time, and although it does not meet the minimum square footage requirements for a new lot today, the existing property does conform to the average lot size and pattern of adjacent properties. In addition, the existing dwelling was developed lawfully through a building permit issued March 18, 1959 with subsequent lawful additions permitted via building permit No. 82-2121 and No. 08-381. There are no physical conditions that are Resolution No. Downey Planning Commission peculiar to the land, structure, or building involved, which are generally not applicable to other lands, structures or buildings in the same vicinity or zone. The site or development is not unique in nature; as such, the applicant can feasibly comply with all current zoning standards. 2. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. As previously mentioned the subject site meets most minimum development requirements of the zone and as such, has enough area to meet the setback requirements of Section 9312.06 of Downey Municipal Code (DMC). The main dwelling on this property currently legally [non-conforming] encroaches into the required minimum 20-foot rear yard setback by 10 feet, and thus, is currently enjoying rights not commonly enjoyed by other properties in the vicinity. As such, it is staff’s opinion that this finding cannot be made. 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. Approving this variance (PLN-12-00261) will allow the applicant to construct an attached, open patio cover over a barbeque area and counter space abutting the rear property line leaving no setback. Appr oval of the variance will result in a special circumstance as a result of the action of the applicant since the required minimum rear yard setback from the main dwelling to the rear yard property line is 20 feet. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Approving this variance (PLN-12-00261) will confer on the applicant a special privilege since properties in the vicinity maintain similar zoning and uses to the subject property, yet are able to comply with the City’s development standards. 5. The granting of such variance will be in harmony and not adversely affect the General Plan of the City. The subject site has a General Plan Land Use designation of “LDR” (Low Density Residential), which the Zoning Code implements through the residential property development standards described in Downey Municipal Code Section 9312.08 (a) – R-1 Zone Property Development Standards. Section 9312.02 of the Downey Municipal Code (Residential Zones) explains that the intent and purpose of the R-1 Zone regulations are to provide for the development of single-family residential areas. The provisions of the zone are intended to ensure that the residential character of such areas will be stabilized and maintained. Additionally, the zone encourages residential development that retains the scale of the existing residential neighborhood while facilitating adequate air, light, privacy and open space for each dwelling unit (DMC Section 9312.02 (a) (5) & (6)). Finally, granting the proposed PLN-12-00261 (Variance) – 7215 Bairnsdale Street May 1, 2013 - Page 2 Resolution No. Downey Planning Commission variance would allow the applicant to alter the property in ways that do not comply with the Table 9.3.3 – R-1 Zone Property Development Standards of Section 9312.08 of the DMC for properties in residential zones, and thereby would not be in harmony with the General Plan of the City. 6. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant is requesting approval of the variance (PLN-12-00261) because the illegally constructed patio cover does not conform to the provisions of Table 9.3.3 - R-1 Zone Property Development Standards of Section 9312.08 of the Downey Municipal Code. Consequently, the structure encroaches into the required minimum 20-foot rear yard setback. Additionally, Section 9410 of the DMC prohibits this use’s alteration in a manner that increases the current legal, non-conforming 10-foot rear yard encroachment of the main dwelling into the required rear yard setback. Finally, Section 9204 of the DMC requires the discontinuance and removal of illegal buildings or structures. As such, the reasons set forth in the application do not justify the granting of the variance. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby denies PLN-12-00261 (Variance). SECTION 5. The Secretary shall certify the adoption of this Resolution. st PASSED, APPROVED AND ADOPTED this 1 day of May, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the st Planning Commission of the City of Downey at a regular meeting thereof, held on the 1 day of May, 2013 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PLN-12-00261 (Variance) – 7215 Bairnsdale Street May 1, 2013 - Page 3