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HomeMy WebLinkAbout1981-01-14; Planning Commission; ; V 316 - ZANDER------ STAFF REPORT DATE: January 14, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: V-316, ZANDER -Request for a Variance to allow construction of a six-foot high wall within the front yard setback on property generally located on the west side of Gibraltar Street between Jerez Court and San Marcos Canyon in the RD-M zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant requests a Variance to allow construction of a six-foot high wall along the length of the front property line of a 16 unit condominium project on property located as described above. The applicant has indicated this wall is necessary for privacy at the rear of the units. Building permits were issued for the project on July 9, 1980. Included on the approved site plan and inadvertently approved by staff was the 6 foot high stucco wall for which the Variance is now being requested. It should be noted that this approval for the wall was not included in the tentative tract approval (CT 77-14), only in the building plans. The Zoning Ordinance specifies that the maximum height allowed for fences or walls within the front yard setback is 42" and the applicant now requests a variance to increase this height to 6 feet. II. ANALYSIS Planning Issues 1) Can the four mandatory findings for a Variance be made 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 com- prehensive General Plan? d) Will this Variance be detrimental to the public welfare or property in the vicinity? III. DISCUSSION The subject property is approximately 1.53 acres in size and possesses a front lot line of 493 feet running along the inside of a gradual curve on Gibraltar Street in La Costa. Staff feels that the finding of exceptional or extraordinary circumstances in this case can be made as the rear bedrooms of the front units back directly upon the street. It is possible that this design would not have been chosen by the architects had they been aware that the approval of the 6' wall at the front property line was inadvertently approved on the original plans and might eventually be revoked. Without the ·approved wall, the bedrooms would lack privacy. In addition, at a few areas along the length of the wall, the street ·is up to three feet higher than the base of the wall increasing the lack of privacy. Thus, exceptional circumstances would seem to exist in this case. Staff feels that other private residences in the same vicinity and zone possess a property right of privacy that would be denied this property if the wall were not allowed. In addition, staff feels that the granting of this Variance will not adversely affect the comprehensive General Plan and that the developer.will take precautions to avoid any detriment to the public welfare. Specifically, the proposed wall has been recessed· several feet at the corners adjacent to the driveway openings to conform to the ordinance requirements for visibility of vehicles entering and exiting the .driveways. In summary, staff was able to find sufficient facts to make the four mandatory findings for approval of a Variance. IV. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 19.04.070(f) (4) (a) of the Environmental Ordinance. V. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 1747, APPROVING V-316, based on the findings and subject to the conditions contained therein. ATTACHMENTS PC Resolution No. 1747 Background Data Sheet Location Map Disclosure Form Exhibit "A" dated December 29, 1980 PK:ar 1/7/81 -2- 11""\CKGROUND D~l'A SI-IEEr CASE NO: _ Y:-316 APPLICANT: MICHAEL ZANDER REQUEST AND I..OCATION: VARIANCE TO ALLOW CONSTRUCTION OF A 6 EOOl HIGH WAJ I WIIHif\l THE FRONT YARD SETBACK, W/5 Of GIBRALTAR STREET BETWEEN JEREZ COURT AND SAN MARCQS CANYON. LEGAL DESCRIPTION: LOT 1 OF TRACT 77-14 ACCORDING TO MAP 9094 FILED JANUARY 26 79. Assessors Parcel Number: ----216 290 39 1-\cres 1. 53 No. of U>ts 1 ------------,. GENERAL PLAN AND ZONING General Plan Land Use Designation _........._R-__.H.,__ ___ _ l)o...nsity Allow-ed 20-30 DU/ACRE Density Proposed --------N/A Erlsting Zone -,RD-M.-• : -------------Proposed Zone --~l'>.>1.1! (,...A1------ Surrounding Zoning and Land Use: Zoning Land Use North P-C --=----0-5 SOuth RD-M RH ---- F.ast RD-M RH West P-C 0-5 School District Water District PUBLIC FACILITIES SAN DIEGUITO/ENCINITAS CARLSBAD Sewer District _L_EU_CA_D_I_A _____________ EDU's -~N~L~At----- Public Facilities Fee Agreement, dated ___ N~/_A _____________ _ (Other: ·-------------------------------"> ENVIRONMENTAL IMPACT' ASSESSMENT Negative Declaration, issued Log No. ------------------- E.I.R. Certified, dated -------------- 0 ther, EXEMPT PER ENVIRONMENTAL PROTECTION ORDINANCE (19.04.070(F)(4)(A) If after the inform.::ition you have submitted has been reviewed, it is determined ·that.further information is required, you will be so advised. APPLICANT~ AGENT: MEMBB:RS: Mike 'O'Hara., Partner Name· •(individ:ial, partnership, joint: venture, corporation, syndicati!'n) 6351 Yarrow Dr., Suite A, Carlsbad, CA 92008 Business Adih'ess 4J8-4J13 Telepbtc.nae 1fumber "Michael C. Zander, AICP Name P.O. Bqx 684, Cardiff-by-the~sea, CA 92007 Business Address . • 942-0218 Telephone Number Gerald Frankel, Partner Name (individual, partner, joint venture, corporation, syndication) 1365 Regal Row, Dallas, TX • 75247 Home Address • c/o John P. Simon, 600 B·St., Suite 2100, San Diego. CA 92101 Business Address Telephone Number Telephone Number Name Home Address ;_ Business Address Telephone Number Telephone Number (Attach more sheets if necessary) . . I/We d~clare under penalty of perjury that the information contained in this dis- closur.~ is true and correct and that it will remain true and correct and may be relied upon as bei~g true and correct until amended. l 0·: CASE LOCATION ..... ... \U~2A..L-'1'$'9. .. rr,-......... -,.,, ,.. ;>JS,.@ 4..7;; ·•'-© 4;}7#< ® q, ! ~ @ ~ ·-.. ,,,. NO. V-3l<- MAP :. ?;e ·'~~-f ;,..,, . ~ APPL IC A NT_7-_A_\---.l_t:>_.a_~---=--- City of Carlsbad fllenning Commission -t G 0 I. F C 0 ~ s E u )