HomeMy WebLinkAbout1981-02-11; Planning Commission; ; V 319 - LENACKSTAFF REPORT
DATE: February 11, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: V-319, LENACK, Request for a Variance of the Zoning
Ordinance to reduce the sideyard setback from 7.7
to 4.2' on property located on the end of Jerez
Court in the RD-M zone.
I. PROJECT DESCRIPTION
The applicant requests approval of a reduction of the sideyard
setback from 7.7' to 4.2' on property located as described
above. The applicant's intent is to build a 4'x14' cantilever
balcony extending from the second floor of an existing
condominium. The balcony would extend towards the La Costa
Golf Course which borders the property to the north.
II. ANALYSIS
Planning Issues
1) Can the four mandatory findings for a Variance be
made for this project? These findings are:
a) That there are exceptional or extraordinary
circumstances or conditions applicable to
the property that do not apply generally to
the other property or class of use in the
same vicinity and zone;
b) That such Variance is necessary for the pre-
servation and enjoyment of a substantial
property right possessed by other property
in the same vicinity and zone but which is
denied to the property in question;
c) That the granting of such Variance will not be
materially detrimental to the public welfare
or injurious to the property or improvements
in such vicinity and zone in which the property
is located.
d) That the granting of such Variance will not
adversely affect the comprehensive General
Plan.
Discussion
Staff cannot find facts to support the applicant's contention
that exceptional or extraordinary circumstances apply to
this property to justify the variance. The applicant has
stated that since the balcony would face a golf course, and
no adjacent buildings would be affected, exceptional
circumstances apply. Staff disagrees with this assessment
and feels an undesirable precedent would be set (i.e.,
opening the door for encroachment variances for properties
adjacent to open areas) if this variance is granted.
Other properties in the vicinity have balconies fronting
onto the golf course, however, none of these balconies
encroach into the required setback. Because the applicant
is not being denied a property right shared by others in
the same vicinity and zone, staff feels the second finding
cannot be made. •
Approval of the variance would not be materially detrimental
to the public welfare nor would approval adversely affect
the comprehensive general plan, however, since only two of
the four mandatory findings can be made, staff cannot
support approval of this request.
III. ENVIRONMENTAL REVIEW
This item is exempt from environmental review pursuant to
Section 19.04.070(£) (4a) of the Carlsbad Municipal Code.
IV. RECOMMENDATION
It is recommended that the Pianning Commission ADOPT
Resolution No. 1769, DENYING V-319 based on the findings
contained therein.
ATTACHMENTS
Resolution No. 1769
Exhibit 11A11 dated January 19, 1981
Location Map
Background Data Sheet
Disclosure Form
BH:ar
1/29/81
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LOCATION
CASE NO. V· 31 9
APPLICANT '-ENA-C.\c.
MAP
YJCJN\JJ' MAP
BACKGROUND DATA SHEEr
CASE NO: V-319
APPLICANT: LENACK
RE;JJEST AND WCATION: Rerluce rear setback 2 feet from 10 feet to B fret QtL~m.....iloor
-cul-de-sac end of Jerez ~~, west of Gibraltar.
LEGAL DESCRIPI'ION: 1/5 interest of IDt 1 of Map 7872 filed February 21, 197 4
Assessors Parcel Number: _?.!~--290 33 •
Acres .58 No. of Iots 5 units ------------
GENERAL PI.AN AND ZONING
RH General Plan Land Use Designation --------
Density Allowed 20-30 du/acre
Existing Zone -------------RD-M
Surrounding Zoning and Land Use:
Zoning
North P-C ----------
South RD-M '-----
East RD-M
West P-c -----
Density Proposed ___ N_.,/-=-A.___ ____ _
Proposed Zone --=N/~A.-. ____ _
Land Use
C-olf Course
MuJ ti -Family
Mn] ti -Eami.ly
Golf Course
PUBLIC E2\CILITIF.S
School District san Diegui to and Encinitas
Water District Costa Real ----------------
Sewer District _re_uc_~_d_Li_a _____________ EDU's _ __._~~'=~-----
Public Facilities Fee Agreement, dated _ _;:..EXEMPT=:.;;;·;...:;;...-------------
(Other: ----------------~----------:---~)
ENVIRONMENTAL IMPACT ASSESSMENT
____ Negative Declaration, issued ________ Log No.
E.I.R. Certified, dated --------------
0th er, EXEMPT PER SECTION 19.04.070(f) (4a}
..--__ ._. ___ ...., ... ,
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-'APOt't1o-J. :
f\r?~0 lU<CAb'\Ji LENACK ___ __::.._:._: _ _...:....:.:.....:.::.:._