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CITY OF CITY PLANNING DIVISION STATEMENT OF OFFICIAL ACTION FINDINGS AND DETERMINATION OF THE ZONING ADMINISTRATOR |
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PROJECT
INFORMATION CASE NUMBER: Variance
08VAR-018 ADDRESS: LEGAL DESCRIPTION: TRACT NO. 2385 EX OF ST LOT
181 ZONING DISTRICT: R-1 (Single Family Residential) District RENT CONTROL STATUS: Exempt (Single-Family Residential) APPLICANT: Ernest Mack PROPERTY OWNER: Jessica Sullivan CASE PLANNER: RELEVANT PRIOR PERMITS: None REQUEST: The
applicant requests two (2) side yard setback modifications to allow minor
additions to continue the line of the existing one-story, single-family
residential building. ·
Allow the
continuation of a non-conforming side yard setback of 5’-3” along the north
side of the property. The proposed
addition is 15’-6” in length and will continue the line of the existing
structure. ·
Allow the
continuation of a non-conforming side yard setback of 5’-6” along the south
side of the property. The proposed
addition is 9’-0” in length and will continue the line of the existing
structure. Pursuant
to section 9.04.20.10.030 (d)(3) of the SMMC, the applicant may request a variance
to allow a modification to yard setbacks on parcels with a 12.5 foot grade
differential or more, as measured from any point on the front parcel line to
any point on the rear parcel line. The
subject property has a slope differential of approximately 47 feet from front
to rear parcel lines. CEQA STATUS: The project is categorically exempt from the provisions
of California Environmental Quality Act (CEQA) pursuant to Section 15305,
Class 5 of the State Implementation Guidelines in that the project involves a
minor alteration in land use involving a setback variance not resulting in
the creation of any new parcel. |
ZONING ADMINISTRATOR ACTION
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December 9, 2008 |
Public Hearing Date. |
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December 30, 2008 |
Approved based on findings and subject to
conditions. |
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Denied based on findings. |
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Effective
Date Of Action If Not Appealed: |
January
14, 2009 |
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Expiration
Date: |
January
14, 2010 |
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Length
Of Any Possible Extension: |
12
Months |
VARIANCE FINDINGS
(a)
There are
special circumstances or exceptional characteristics applicable to the property
involved, including size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification. Specifically, the subject parcel has an
approximate 47-foot grade differential from the front to rear property lines. This grade differential restricts development
and use of the rear yard due to the downward slope located in the rear half of
the lot that limits the amount of buildable area and usable outdoor open space adjacent
to the rear of the existing building.
(b)
The granting of
such variance will not be detrimental nor injurious to the property or
improvements in the general vicinity and district in which the property is
located in that the minor additions will continue the line of the existing
building and preserve the existing side yard setback dimensions. The addition on the north side of the
property will extend the existing building wall by 15’-6” and will provide
space for a laundry, hallway, and closet.
The addition on the south side of the property will extend the existing
building wall by 9’-0” and will provide space for a master bathroom. Both spaces have limited glazing surfaces and
are considered “secondary spaces” in which the activities within these spaces
would not impose on the privacy of adjacent properties. Also, the additions will continue the same
height of the existing building and will not increase the overall scale or
building mass of the existing structure.
(c)
The strict
application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that the property has constraints on development due to the
change in grade that limits the location of any additions to the existing
structure. The rear half of the lot is also
limited in the amount of usable open space due to the grade differential. Side yard setback standards would require both
additions to be located closer to the center of the property, further reducing
the amount of existing usable open space adjacent to the rear side of the
building. An unnecessary hardship is
created due to this lack of buildable area.
(d)
The granting of
such variance will not be contrary to or in conflict with the general purposes
and intent of this Chapter, nor to the goals, objectives, and policies of the
General Plan. Specifically, section
9.04.20.10.030 (d)(3) of the SMMC allows for a modification to yard setbacks on
parcels with a 12.5 foot grade differential or more, as measured from any point
on the front parcel line to any point on the rear parcel line. The development standards of the R-1 zoning
district serve to implement the goals and policies of the General Plan and
regulate height, parcel coverage, setbacks, parking, and other aspects of
design to ensure compatibility with the existing neighborhood. Objective 1.10 and Policy 1.10.1 of the Land
Use Element of the General Plan encourages the expansion of residential land
uses while protecting the scale and character of existing neighborhoods. The
proposed project involves two minor housing additions that, except as established
by this application, comply with all applicable development standards.
(e)
The variance would
not impair the integrity and character of the district in which it is to be
located in that the proposed side yard setbacks for both additions are
consistent with the amount of setback currently provided by the existing
structure. In addition, the structure
will remain as a one-story structure in a neighborhood that is characterized by
both one and two-story buildings. The City’s Zoning Ordinance permits two-story
buildings with a maximum height of 28-feet from average natural grade in the
R-1 district. The proposed additions
will match the existing building height of 18’-4” as measured from the middle
average natural grade segment and is therefore consistent with the scale and
character of the neighborhood.
(f)
The subject site
is physically suitable for the proposed setback variance in that the site is
located within an urbanized area and is already improved with a single-family residential
structure. Although the property is
affected by varied slope conditions, the existing buildable areas can
accommodate the structure on the parcel.
(g)
There are
adequate provisions for water, sanitation, and public utilities and services to
ensure that the proposed variances would not be detrimental to public health
and safety in that the subject property is located within a developed urbanized
environment that is adequately served by existing infrastructure, public
utilities and services. It is not anticipated that approval of the subject
application will create a need for additional utilities or services.
(h)
There will be
adequate provisions for public access to serve the subject variance proposals
in that the subject property is served by
(i)
The strict
application of the provisions of this Chapter would result in unreasonable
deprivation of the use or enjoyment of the property in that due to existing
parcel constraints and the location of existing improvements, practical use or
enjoyment of the subject parcel would not be possible.
CONDITIONS OF APPROVAL
Standard
Conditions
1.
This
determination shall not become effective for a period of fourteen days from the
determination date or, if appealed, until a final determination has been made
on the appeal.
2.
This approval
applies to both side yard setback variance requests as shown on the plans dated
September 23, 2008 and subject to any special conditions. Minor amendments to
the plans shall be subject to approval by the Zoning Administrator.
3.
Except for
allowances granted by this entitlement, the applicant shall comply with all
other applicable provisions of Article IX, Chapter 9 of the Santa Monica
Municipal Code and all other pertinent ordinances and General Plan policies of
the City of
4.
This approval shall
expire twelve (12) months from the effective date, unless, in the case of a new
development, a building permit has been obtained, or in the case of a change of
use, a business license has been issued and the use is in operation prior to
the expiration date. This approval shall
also expire if the building permit expires or if the rights granted under this
approval are not exercised within one year of the earliest to occur of the
following: issuance of a Certificate of
Occupancy or, if no Certificate of Occupancy is required, the last required
final inspection for new construction.
Upon the written request from the applicant, prior to expiration, the
Zoning Administrator may extend this period up to an additional one year for
residential projects. Applicant is on
notice that extensions may not be granted if development standards, the
development process, or other requirements relevant to the project have changed
since project approval.
5.
Within ten (10)
days of transmittal of this Statement of Official Action, the project applicant
shall sign a copy of the determination and return the document to the City
Planning Division. The applicant’s signature constitutes acceptance of the
conditions of approval and understanding that failure to comply with such conditions
shall constitute grounds for potential revocation.
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APPLICANT NOTICE This decision of the Zoning Administrator may be appealed
to the Planning Commission during a 14 calendar day appeal period following
the decision date. Such an appeal may
be made by filing an official appeal form with the City Planning Division, I hereby certify that this Statement of Official Action
accurately reflects the final determination of the Zoning Administrator of
the City of December
30, 2008 _____________________________ _____________________________ Amanda Schachter Date Zoning Administrator Acknowledgement by Permit Holder I agree
to the above conditions of approval and acknowledge that failure to comply
with any and all conditions shall constitute grounds for potential revocation
of the permit approval. ______________________________ _______________ Signature Date ______________________________ ____________________ Print name here Drivers
License Number |