The applicant is requesting approval to raise the ridge height of a new single-family residence by one-and-a-half (1.5) feet and a Variance (VA 19-048) application granting an exception from the 18-foot plate height requirement.  The height increase is necessary in order to bridge the root system of a large Monterey Pine located near the center of the lot.

Approve the request to increase the height by one-and-a-half (1.5) feet and associated Variance (VA 19-048) application subject to the attached Findings for Approval.

On August 8, 2018, the Planning Commission approved a new single-family residence at the property located on San Carlos Street, 3 NE of 1^st Avenue.  The new residence is two stories and 1,800 square feet in size, and includes a detached garage in the front-yard setback.  There is a 42” diameter Monterey Pine located near the center of the lot, for which the new residence was designed around and maintains a 6-foot setback.

A building permit has been issued for construction of the new residence, however, the applicant has encountered an issue related to pine tree. During preliminary grading several tree roots were unearthed, and it has been determined that the 6-foot setback will not adequately protect the root system of the tree.  Shifting the residence in a westerly direction, away from the tree, is precluded by 15-foot front-yard setback. Rather than requesting to remove the tree, the applicant would raise the floor level by 2 feet in order to bridge the footing over the root system. The height of the two-story element would be raised from 22.5 feet to the maximum allowed 24 feet.  With the height increase a portion of the two-story plate would be raised from 18 to 19.5 feet, and would exceed the allowed height of 18 feet.  For this reason, the applicant is requesting a Variance for the plate height in addition to an overall ridge height increase of 1.5 feet. 

Variance: Per CMC 17.52.070, building height may be modified upon approval of a Variance. The applicant is requesting a Variance to exceed the allowed plate height of 18 feet. Per CMC 17.64.210, the following special findings are required for approval of a Variance followed with a staff response:

1)      That due to special physical circumstances applicable to the property, the strict application of the Zoning Ordinance will deprive the property of privileges enjoyed by other properties in the vicinity which were developed under the same limitations of the Zoning Ordinance;

Staff Response: The size and location of the Monterey Pine and associated root system near the center of the lot presents a special physical circumstance that warrants the approval of a Variance.  The subject Variance will allow the applicant to build within a reasonable setback from the tree, while meeting all other zoning standards.

2)      That the variance will not constitute a grant of special privilege inconsistent with limitations on other property in the vicinity and within the same zone;

Staff Response: Typically, properties in the R-1 district, and in the vicinity of the subject site, have sufficient developable area that can adequately meet the City’s tree setback standards.  While trees on residential lots are common, the majority of lots in the City do not have a tree of this size located near the center of the lot, which potentially impacts the siting and design of the residence.

3)      That the variance will not be detrimental to adjacent property or injurious to public health, safety or welfare;

Staff Response: Granting of the variance will not be detrimental to the adjacent property or injurious to public health, safety or welfare. The subject residence will still meet the allowed height limit for a single-family residence.  The height increase will not impact neighboring views of the ocean and the residence will be adequately set back from neighboring properties.

4)      That the condition or situation of the property for which the variance is sought is not so general or recurrent in nature as to make reasonable or practical the formulation of a general regulation to address such condition or situation;

Staff Response: The conditions for which the Variance is requested is neither general nor so recurrent in nature as to create a general regulation to address the condition.

5)      That the situation or condition for which the variance is sought was not the result of actions of the existing or any prior owner of the property; and

           Staff Response: The requested Variance is due to a large Monterey Pine located near the             middle of the property.  The City has strict regulations that generally prohibit the removal of              large healthy pines. This situation is not the result of the current or prior property owner.

6)      That granting the variance will not be in conflict with the General Plan, or the general zoning objectives of the district within which the affected property lies.

Staff Response: Granting of the Variance will not be in conflict with the general plan or general zoning objectives of the R-1 district. The subject residence will still comply with the 24-foot height limit and all other zoning regulations.  The purpose of raising the height is to project the subject tree, which is supported by several policies contained in the City’s General Plan, Zoning Code and Residential Design Guidelines.

Environmental Review: The proposed project is categorically exempt from CEQA requirements, pursuant to Section 15303 (Class 3) – New Construction or Conversion of Small Units. The project includes the demolition of an existing single family residence and the construction of a new single family residence in a residential zone and therefore qualifies for a Class 3 exemption. The proposed residence does not present any unusual circumstances that would result in a potentially significant environmental impact.