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HomeMy WebLinkAbout1973-08-28; Planning Commission; ; CONSIDERATION OF VARIANCE - V 230CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT FOR AUGUST 28, 1973 TO : PLANNING COMMISSION REPORT ON: CONSIDERATION OF VARIANCE CAST NO : V-230 APPLICANT : J. TUSHINSKY FORE . BARTANGI 1319 Stratford Ct . Del Mar California BACKGROUND: The subject property, Lot 1071 La Costa Valley Unit No. 1, 2086 Playa Road, is located at the easterly most extension of Playa Road approximately 550 ft . easter~y of the intersection of Playa Road and Estrella De Mar Road. Said proper.tY-_, irregular in shape, contains approximately 15,581 sq . ft. a resi dence exists which '. was constructed under the County 1 s jurisdiction and the applicant · is proposing to substantially increase the residence. However, the existing rear yard setback of 10 ft. does not conform to the City of .· Carlsbad Municipal Code requirement of 16.2 ft . rear yard . REQUEST: That the Planning Commission grant a variance of Section 21 .10.050 of the Municipal Code, to approve an existing reduction of the required rear yard setback from 16 .2 ft . to 10 ft. on a ;structu r e where a substantial ex- pansion is proposed. The reduced rear yard is adjacent to a portion of the green space system of the La Costa area . ZONING : Existing On ~stte - Adjacent: R-1-75 North -R-1-75 East -R-1-75 South -R-1-75 West:-R-1-75 ENVIRONMENTAL IMPACT CONSIDERATION : The request is considered ~empt from the requirements of the Environmental Quality Control Act of 1970 . STA FF RECOMMENDATION : That it be moved that the Planning Commission approve a Variance to permit the substantial expansion of an existing structure which has a substandard rear yard setback of 10 ft. subject to the conditions outlined herein. Justification is based upon: l. The existence of the structure with a substandard rear yard and its proximity adjacent to a permanent open space do represent exceptional or extraordinary circumstances or conditi.ons applicable to the property that do not generally to the other property in the same vicinity. 2. The proposed expansion is considered necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity. This is based upon compatability of the proposed building size to the existing buildings in the same area. 3. In that the noncompliance is in existence and is adjacent to a substantial permanent open area, it would not be considered to be materially detrimental to the public welfare or injurious to the property or improve - ments in the same vicinity. 4. The granting of the Variance will not adversely affect the General Plan. CONDITIONS OF APPROVAL Any approval should be subject to the following conditions: l. The Variance is granted for the land described in the application and . any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any sub- stantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law., ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. Prior to obtaining a building permit and within 30 days hereof, the applicant shall file with the Secretary of the Planning Commission, written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall ba necessary, unless otherwise specified, prfor to obtaining final building inspection clearance. Deviation from thfs requirement shall be permitted only by written consent of the Planning Director.