Title
PLN14-0512 - 1115 Bay Street - PK Consultants, Inc. for Ken and Liz Gonzalez-
Public Hearing to consider Design Review approval for the demolition and replacement of an existing patio structure with an approximately 400 sq. ft. new detached patio structure, and a Variance to allow a zero setback for the new patio structure along the southern property line, adjacent to the lagoon, where a five-foot setback is required pursuant to AMC Section 30-5.7(g).
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE VARIANCE & DESIGN REVIEW
ITEM NO: 3-B
APPLICATION NO: PLN14-0512 - 1115 Bay Street - PK Consultants, Inc. for Ken and Liz Gonzalez
PROJECT
DESCRIPTION: Public Hearing to consider Design Review approval for the demolition and replacement of an existing patio structure with an approximately 400 sq. ft. new detached patio structure, and a Variance to allow a zero setback for the new patio structure along the southern property line, adjacent to the lagoon, where a five-foot setback is required pursuant to AMC Section 30-5.7(g).
GENERAL PLAN: Low-Density Residential
ZONING: R-1, One-Family Residence District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities.
PROJECT PLANNER: Henry Dong, Planner I
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project as of March 9, 2015.
EXHIBITS: 1. Application
2. Project Plans
PROPOSAL SUMMARY: The applicants propose the demolition and replacement of an existing patio structure with an approximately 400 sq. ft. new detached patio structure. The new structure is 10.5 feet in height and open on all four sides. The design is made with a combination of wood, brick and shingle materials to be compatible with the existing structure and the main building. The project site is an irregular shaped lot located adjacent to the lagoon along the south property line. A variance is requested to allow a zero setback along the south property line where a five-foot setback is required. The Variance would allow the new patio structure to be located where the existing patio structure currently resides.
RECOMMENDATION: Find that the project will not cause significant adverse effects to the physical environment, is Categorically Exempt from environmental review and approve the project with conditions based on the following findings:
VARIANCE FINDINGS:
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Figure 1: Aerial View of Property |
1. There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of this property.
The subject property is an irregular shaped lot where its south property line is angled at 45 degrees. The main house is built not at the center of the lot, but rather towards the north side, thereby creating a large yard along the lagoon side where the existing patio structure resides. The property is also located at the end of Bay Street, adjacent to the lagoon, and does not have any neighboring properties or structures.
2. Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of substantial property right possessed by other owners of property in the same class of district.
The intent of the five-foot side-yard setback, pursuant to AMC Section 30-5.7(g), is to provide a minimum setback between neighboring properties along a property line. The project site does not have any neighboring properties or structures along the south property line, and the literal enforcement of the setback requirement would serve no benefit to adjoining properties. Furthermore, the current location of the existing patio structure provides the applicant with a scenic view of the lagoon. The irregular shape of the lot does not provide an alternative location that would provide a five-foot setback while maintaining the existing view. Therefore, reconstructing the patio structure with a five-foot setback from the lagoon would prevent the applicant from maintaining the scenic view they currently enjoy from their existing patio structure location, which is also enjoyed by surrounding properties along the same shoreline.
3. The granting of the variance will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity.
The intent of the five-foot side-yard setback is to provide a minimum setback between neighboring properties along a property line. The proposal is located near the southern property line which is adjacent to the lagoon waterway. There are no neighboring properties or structures near the proposed detached patio structure. Therefore, granting this variance will not be detrimental to the public welfare or injurious to persons or property in the vicinity.
DESIGN REVIEW FINDINGS:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
With the approval of the proposed variance, the proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual, because the proposed new construction is compatible in design and use of materials with the existing building and surrounding neighborhood.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses.
The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. This project involves the construction of a new approximately 400 sq. ft. detached patio structure in the side-yard of an existing single-family residence facing the lagoon. The proposal meets the maximum height for patio structures and the maximum building coverage of the property. The patio structures will utilize materials and architectural features that are consistent with typical garden structure designs and is compatible with the existing character of the house and the surrounding neighborhood.
3. The proposed design of the structure and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
The proposed detached patio structure is designed to match the existing residence and it will utilize the same materials of the home which are also compatible with the design elements found on residential building in the neighborhood. The project also complies with the Secretary of Interior's Standards for the Treatment of Historical Properties by utilizing materials that are compatible with the existing residence. The detached patio structure will not detract or compete with the architectural features of the historical home.
CONDITIONS:
1. This Variance and Design Review approval shall terminate two (2) years from the effective date of its granting unless actual construction or alteration has begun under valid permits prior to March 17, 2017; or the applicant applies for and is granted an extension by the Zoning Administrator or Planning Board prior to this expiration date.
2. The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by Wendi Zampino, dated February 27, 2015, and on file in the office of the City of Alameda Planning and Building Department, except as modified by the conditions listed in this letter.
3. New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
4. This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits.
5. A copy of the Conditions of Approval shall be printed on the cover of the final Building Permit plans.
6. A site inspection to determine compliance with this approval is required prior to the final building inspection and/or to the issuance of a Certificate of Occupancy. The applicant shall notify the Community Development Department at least four days prior to the requested Planning Inspection dates.
7. The final plans submitted for Building Permit approval shall conform to all applicable codes and guidelines.
8. Any additional exterior changes shall be submitted to the Community Development Department for review and approval prior to construction.
9. Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding.
DECISION:
Environmental Determination
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. Therefore, it is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section 15301 - Existing Facilities.
Variance & Design Review
The Zoning Administrator approves the Variance & Design Review with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: March 17, 2015___
Andrew Thomas, Zoning Administrator