HomeMy WebLinkAbout1981-01-14; Planning Commission; ; V-315, ELSNERSTAFF REPORT
DATE: January 14, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: V-315, ELSNER, Request to allow two porch covers to
encroach four feet into a required five foot side
yard setback on property located on the east side
of Roosevelt Street in the R-P zone.
I. PROJECT DESCRIPTION
The applicant is requesting a variance to allow a reduction
in the required sideyard setback, from five feet to one foot,
in order to allow two previously constructed porch covers to
remain in place. The R-P zoning standards require a minimum
sideyard of five feet and do not allow for porch covers to
intrude into this setback.
The subject property is flat with a width of 25 feet and a
length of 140 feet. The applicant recently completed the
construction of a 15' wide duplex on the site. The properties
to the east and west are occupied by single family dwellings,
while the property to the north is vacant. The property to
the south is occupied by an apartment building.
II. ANALYSIS
Planning Issues
1) Can the four mandatory findings of a variance be
found in this case which are as follows:
a) Are there exceptional or extraordinary
circumstances applicable to the property that
do not apply to other property in the vicinity?
b) Do other properties in the vicinity share a
similar right which is denied to this property?
c) Will this variance adversely affect the
comprehensive General Plan?
d) Will this variance be detrimental to other
properties in the vicinity?
-
III. DISCUSSION
The subject property has a narrow width of 25 feet. However,
there are a number of other 25' wide lots in the vicinity of
the subject property. Many of the lots in this neighborhood
were created when Carlsbad was first surveyed in 1888, long
before there was any thought of zoning or setbacks.
A field check revealed that there appears to be a few instances
of existing buildings and carport covers which intrude into
the required sideyard setbacks on other properties in the
vicinity of the subject property. However, it appears that
many of the structures which encroach into sideyard setbacks
were constructed prior to the establishment of the Carlsbad
zoning Ordinance or possibly were constructed without a
building permit.
The granting of this variance will not adversely affect the
comprehensive General Plan, but may have a detrimental effect
to other properties in the vicinity. Quite a few of the
structures in the vicinity of the subject property are rather
old and somewhat run down. Many of them will be removed and
replaced by new structures in the near future. If this variance
were granted it could set an undesirable precedent, which
could result in a number of variances being granted to allow
encroachments into the required setbacks. If the city continued
to grant variances to allow encroachments into sideyard setbacks
on substandard lots in this neighborhood, the end result
would be similar to the existing situation. Staff feels that
this could have a detrimental effect on other properties in
the vicinity.
Since staff cannot make all four of the required findings
necessary for granting a variance, especially findings 1 and 2,
denial is recommended.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this requested
variance is categorically exempt from environmental review
according to Section 19.04.070(4) (A) of the City of Carlsbad
Environmental Ordinance.
V. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 1748, recommending DENIAL of V-315 based on the findings
contained therein.
ATTACHMENTS
PC Resolution No. 1748
Background Data Sheet
Location Map
Disclosure Form
Exhibit "A" dated October 27, 1980
MH:ar
1/7/81 -2-
BACKGROUND DA'I:A SI-IEE"r
C'A5.E. NO: V-315
APPr_;ICAi.'Il': IONE ELSNER
~ST 1'..ND LOCATION: Variance to reduce sideyard setback from 5 feet &L.EOO.:t. ......
F.ast/side of Poosevelt between Walnut and Chestnut .. .
LIOC;AL DESCRIPTION: __ ro_t_8_o_f_B_l_ock __ 42_o_f_Car __ l_sba_d_a_cco_~_di_' __ ng..,.__to __ Ma __ p..__No_;;.._5=3;;;.;;;5 __ _
filed May 2, 1888.
1~sessors Parcel Number: 204 092 06
Acres .08 -----No. of Lots -------
GENERAL PI.AN AND ZONING
General Plan Land Use Designation __ RMH ___ ...,/o _____ _
Density Allowed __ ._N~/_A ___ _
Existing Zone ____ R_-_P _______ _
Surrounding Zoning and Land Use:
Zoning
North R-P ~.c...----
South R-P -----
Fast R-3 -----
West R-P -----
Density ~sed __ N~{A.,_ ___ _
Proposed Zone __ _....N.,../._.A.._ ___ _
Land Use
Yacaot
z..>artxrent.s
SFD
SFD
PUBLIC FACILITIES
School District
Water District
Sewer District
CARLSBAD
CARLSBAD
EDU's N/A -----------------__ _._ ____ _ CARLSBAD
Public Facilities Fee Agreement, dated ocr. 27, 1980 & cx;:r. 23, l98Q
(2 P.F.F. Agreenents sul:lnitted)
{Other: ----------------------------->
ENVIRONMENTAL IMPACT ASSESSMFNr
Negative Declaration, issued Log No. ------------
E.I.R. Certiffo.tl, dated --------------
Other, __ ~_en...;rp=-t-=-per __ s_e_ct_i_· a_n_l9_.;_0_4..;..•..;.. 07...;0;...:(:..;;4.:...) .:;:.(A.;;!.) ___________ .;.._ __ _
LOCATION MAP
2_s' ___ JI
CASE NO. V-315
APPLICANT 10...tE-E..L-&~r~
··,
f after the inform~tion 1le>U have submitted has been reviewed, it is determined
:hat further information required, you will be so adv. d.
:I o,zc; E, ,G/s:ne,-• • b @id /&:4
Name .(individual,~.,tncrship, joiik venture, _corporation, syndicat.ion) .
,gs-~-y //4' a ft: ~(1/ahbacl t 1'4 9dO(Jy
AGENT:
..
MEMBERS:
Businefu; AddresC:-,
Telephone Number
Name
Business Address
Telephone Number
9"4 ~,.._ \}'lt
Name (individual, partn~r, joint
venture, corporation, syndication)
Business Address
Telepho~e Number
Name
Business Address
Telephone Number •
Home Address
Telephone NUJllber
Home Address
Telephone NUJllber
(Attach more sheets if necessary)
•
I/We declare under penalty of perjury.that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended. ~ e ~?.--_ _,t\\\""~-
~ov1d • \ ~ , Q~"~t
Applicant \
•
BY----=-A'.;_..c...;16:..--~ __ ___;:;__ _____ _
·Agent, Owner, Partner