Planning Commission approves variance for 1550 45th Avenue allowing remodel and new internal ADU

The Capitola City Planning Commission on an aye-roll call approved a design permit, coastal development permit, accessory dwelling unit conversion and a variance for a remodel at 1550 45th Avenue. The motion passed with all members present voting in favor; no public speakers spoke on the item.

The approval allows an approximately 1,800-square-foot primary dwelling with a roughly 360-square-foot internal accessory dwelling unit (ADU) to be created by converting a portion of the existing house, and permits retention of an existing side-access garage that sits about 1 foot from the street-side property line rather than the 5-foot setback required by current Capitola code.

Staff said the property is in a single-family (R-1) zoning district and described the house as a single-story, mid-century residence that is not a designated historic structure. Because the house is an existing nonconforming structure, the city’s code limits alterations unless the structure is brought into conformance or a variance is granted; the applicant requested a variance to allow the proposed level of remodel without moving the garage. Planning staff presented a study of nearby corner lots and found that most similar corner properties likewise have side-access garages and cannot meet the additional 5-foot articulation requirement. Staff recommended approval and said the specific development standard is likely to be removed after coastal certification but is still in effect for this application.

Commissioners pressed staff for clarification on how the code defines a “front” yard on corner lots; staff explained the code defaults the front yard to the narrower street frontage unless the review authority approves otherwise, and noted that treating the longer frontage as the front yard would typically increase setbacks and reduce buildable envelope. There were no members of the public who spoke for or against the project during the public comment period.

The commission’s findings and discussion noted the lot’s 40-by-80-foot dimensions, the constrained building envelope for corner lots of that width, and a field survey showing seven comparable corner-lot properties with attached garages — only one of which complied with the full articulation requirement. That comparative analysis was cited by staff as supporting the variance finding that the requirement would amount to a special privilege if applied to this property alone.

The commission approved the project by roll call. The official motion and second were recorded in the meeting minutes; the roll call recorded the following votes: Commissioner Howard — aye; Commissioner Que — aye; Commissioner Westman — aye; Vice Chair Christensen — aye; Chair Estes — aye. The project will proceed to the city for any required building permits and for actions triggered by the coastal development permit, if applicable.

Planning staff advised the commission that other project conditions, including compliance with the city’s tree canopy and landscape requirements and parking provisions (the ADU is not subject to separate parking), remain in effect. The commission offered brief compliments on the design before moving on to the next agenda item.