Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Wednesday, November 23, 2011 4:00 PM COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA CALL TO ORDER Senior Associate Planner Bennett called the meeting to order at 4:05 PM. PUBLIC COMMENTS No public comments were received. PUBLIC HEARING 1. 33 Cuesta Vista Drive; Variance 11-277; Applicant James N. Smith; Owners Olga Ydrogo and Kathie Sherman; R-1-20 Zoning District; Exempt from CEQA Requirements. Request approval of a rear yard setback Variance to allow for the addition of a master bathroom within an existing single family dwelling. The required rear yard setback is 19’ – 2”. The proposed rear yard setback is 12’ – 6”. The addition would follow the same plane as the rear portion of the existing dwelling. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On November 23, 2011, the Zoning Administrator approved Variance 11-277 for a rear yard setback Variance to allow for the addition of a master bathroom within an existing single family dwelling located at 33 Cuesta Vista Drive within the R-1-20 District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Section15301) because the project is an existing facility. General Plan: 2. The project is consistent with the City of Monterey General Plan because the site is designated for residential use, and the project will retain its existing use as a dwelling unit. Zoning Ordinance: 3. The proposed use is in accord with the objectives and purposes of the R-1-20 Zoning District and applicable Zoning Ordinance standards because the site is intended for single family dwelling uses, and the existing single family dwelling will be retained. All of the applicable Zoning Ordinance standards, with the exception of the rear yard setback associated with the proposed project, have been met. Variance: 4. Because of special circumstances or conditions applicable to the subject property (including size, shape, topography, location of surroundings), strict application of the zoning requirements shall deprive such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification because: 1) That due to lot configuration and existing improvements on the site, there are limited opportunities to Zoning Administrator Minutes Wednesday, November 23, 2011 provide additional floor area without encroaching into a setback area or blocking existing views; 2) That if the addition was added to the second floor, there is a reasonable expectation of negatively impacting existing views or the privacy of the property located at 35 Cuesta Vista Drive; 3) That the proposed addition would continue the existing building plane as it relates to the rear property line, and; 4) That there is a solid masonry wall which is greater than six (6) feet tall, along the south, east and west property lines, and this wall provides a visual buffer to the existing house and the proposed addition when viewed from the property that abuts the rear property line of the subject site, at 117 Cuesta Vista Drive. 5. Granting the variance will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare because: 1) The property owners contacted the neighbor (117 Cuesta Vista Drive) who shares the rear property line with the subject site, and they submitted a letter on October 28, 2011 in support of the proposed setback variance; 2) The property owner at 35 Cuesta Vista Drive was contacted by the property owners and, according to the applicant and property owners, expressed no opposition to the proposed variance provided that design modifications were made to the previously approved second story addition in the form of window placement and size, and; 3) Notification of the variance hearing was provided to all residents within 300’ of the subject site, and no correspondence or communication was received by the Planning office. 6. Granting the variance is consistent with the purposes of the zoning ordinance and will not constitute a grant of special privilege inconsistent with the limitation on other properties in the vicinity and in the same zoning district because there has been a number of setback variances approved in the immediate neighborhood, including setback variances approved for 100 Cuesta Vista Drive, 88 Cuesta Vista Drive, 48 Cuesta Vista Drive and 30 Cuesta Vista Drive, Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Variance 11-277 for approval of a 12’ – 6” rear yard setback Variance to allow for the addition of a master bathroom within an existing single family dwelling is approved as shown on the November 23, 2011 site plan, floor plan, and elevations. 2. Planning, Engineering, and Environmental Compliance Division Condition. That all development on the project property shall be constructed and thereafter maintained in accordance with the conditions of this permit. 3. Planning, Engineering, and Environmental Compliance Division Condition. That prior to submittal of a building permit, the applicant shall contact the Planning office and determine if an application for Architectural Review Committee (ARC) review and approval is required. If so, then the application for ARC review and approval shall be submitted and approved, prior to submittal of plans to the City for a building permit. 4. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 5. Planning, Engineering, and Environmental Compliance Division Condition. This project is subject to the categorical water allocation program approved by the City Council. The applicant will proceed at his own risk that water may not be available at the time he requests building permits. No building permits will be issued if water is not available to this project. Zoning Administrator Meeting Minutes Wednesday, November 23, 2011 2 Zoning Administrator Minutes Wednesday, November 23, 2011 6. Permit Expiration Condition. This permit shall become null and void if not exercised or extended within twenty-four (24) months of the date of granting by the Zoning Administrator. It is the applicant’s responsibility to track the 24-month expiration date. No renewal notice will be sent to the applicant. ADJOURNMENT The meeting was adjourned at 4:33 PM. Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Wednesday, November 23, 2011 3