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Design Review Board approves height variance at 9 Smith Cliffs Road despite staff opposition
Summary
Laguna Beach’s Design Review Board voted 4-0 April 9 to approve a design review, coastal permit and a requested height variance for 9 Smith Cliffs Road after the applicant argued many nearby properties already exceed the R1 zoning height limit.
Chair Gibbs called the Design Review Board to consider a remodel and variance application for 9 Smith Cliffs Road that would add a third-floor bonus room and elevated deck requiring a height variance.
Staff planner Matthew Kilroy told the board that, while the project largely meets design-review guidelines and the coastal development permit requirements, staff could not support the requested height variance because the application relies on neighborhood-wide conditions rather than unique, site-specific constraints. "Staff does not support the requested height variance as it does not comply with the current R1 zone height standards," Kilroy said.
Architect Brian Janette and the applicant urged the board to permit the variance, saying many properties in the Smith Cliffs neighborhood were developed under earlier county approvals and now exist as legal nonconforming structures. Janette said, "Almost all of the homes in Smith Cliffs exceed the 25‑ft height limit," and noted prior variances granted to nearby properties.
Members of the board discussed whether the variance findings—such as special circumstances related to surroundings and preservation of property rights possessed by nearby owners—could be met. Chair Gibbs and other members pointed to the neighborhood context and previous approvals in the area. "The surroundings that term is broad enough to include consideration of nearby homes," one board member said during deliberations.
After discussion the board directed staff to prepare a resolution reflecting the board's finding that the variance findings could be made and to carry the board’s direction into the written resolution. The motion to approve the design review, coastal development permit and variance passed 4-0.
What’s next: Staff will draft a final resolution consistent with the board’s direction and the chair’s review. Any person living within 300 feet of the project who disagrees with the board action may appeal to City Council within the local process and deadlines.
