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Home My WebLink About1981-11-18; Planning Commission; ; V 328 - MORSESTAFF REPORT DATE: November 18, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: V-328 -MORSE -Request for approval of a variance to reduce the required rear yard setback from 10' to 5' on property generally located on the west side of Garfield Street between Cherry Avenue and Juniper Avenue (addressed as 3639 Garfield) in the R-3 zone. I. PROJECT DESCRIPTION The applicant is requesting approval of a variance to reduce the required rear yard setback from 10' to 5' to accomodate a room addition on property located as described above. The project site is a .08 acre parcel developed with a single-family resi- dence. The subject lot has 52.92' of frontage on Garfield Street and a depth of 73'. Adjoining properties along this block of Garfield Street are ap- proximately 120' in depth and have been similarly developed as single-family homes with the exception of an adjacent duplex. Some larger lots in the block have been developed with multiple- family residences. II. ANALYSIS Planning Issues l) Can the four mandatory findings required for the ap- proval of a variance be made for the request? Specifically: a) That there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vi- cinity and zone. b} That such variance is necessary for the preserva- tion and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but 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 ad- versely affect the comprehensive general plan. 111. DISCUSSION The subject lot is exceptional in both area and depth. While most lots in the vicinity are less than the standard 7500 square foot minimum lot size required by current ordinances, the 3800 square feet of this parcel is substantially less than the aver- age. The lot is also substandard in terms of depth. The current sub- division ordinance requires a minimum depth of 90' for creation of new lots. The subject property has a depth of only 73' while all other lots in the area have depths in excess of 100' (please see attached Exhibit X). The minimal area and substandard depth of the property place con- straints on the ability of the property owner to enlarge the 830 square foot house. other properties in the vicinity have been developed with reduced yard setbacks. Staff believes that due to the limited lot size the applicant is unable to enjoy the pro- perty to the same extent as others in the area. Finally, staff believes that the granting of a variance to reduce the rear yard to 5' would not be detrimental to· the public wel- fare of properties in the area nor adversely affect the General Plan. The rear yard of the subject property would abut the rear yard of one larger adjoining lot. Overall, staff believes that exceptional circumstances do apply to the property, denying the applicant a property right shared by others in the vicinity and that approval of the requested vari- ance would not adversely impact surrounding properties or the General Plan. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is cate- gorically exempt per Section 19.04.070 (lK) of the Carlsbad Muni- cipal Code and the Planning Director has issued a notice of ex- emption on October 20, 1981. V. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1888 APPROVING V-328 based on the findings and subject to the conditions contained therein. ATTACHMENTS Planning Commission Resolution No. 1888 Location Map Background Data Sheet Disclosure Form Exhibit X, dated 11/18/81 Exhibit A, Dated 10/13/81 LOC.'\TION t --: •. -• CASE NO .. ;_· V 328 AP f? l BC AN T_M--.c-O-=--R~S"-=E ____ _ vrclNITY MAP \ BACKGROUND DAT...l\ SHEEI' CASE NO: V-328 APPLICANT: MORSE REO)EST AND IJJCATION: Variance to reduce the rear yard ·setback from 10 • to 5' at 3639 Garfield Street Im DESCRIPTION: The north easterly 73' of .Lot B, Block 2 of Palasades· H~ights according to Map 1777 filed January 11, 1924 Assessors Parcel Number: 204 232 02 ---- Acres .08 No. of Lots 1 ------------ GENERAL PIAN AND ZONING ~al Plan Land Use Designation _· _R_-_H _____ _ Density Allowed 2 0-3 Q --------Density-Proposed --------NA E>d.sting Zone -------------R-3 Proposed _Zone ---------NA Sur rt>undin g Zoning and Land Use: Zoning Land Use North R-3 ·onplex South R-3 SFRS Fast R-3 SFRS West R-3 SFRS & Multi -PUBLIC FACILITIES School District Carlsbad ----------------~ Water District Carlsbad . sa-.-.::r District Carlsbad .EDU's ------------------------- Public Facilities Fee Agreement, dated _s=ep...._..t.,.,1--=1_0 .... ,_1 .... 9_.8 .... 1.__ ________ _ (Other: _______________________ ___,) mvIOONMENTAL IMPAC'.l' J\SSESSMEm' Negative Declaration, issued Log No. ------------ E.I.R. Certified, dated --------------- Other, __ E=x=e_m_p_t-e~d-.,p~e-T-~J~9-0-4_.~0~2~a~c~1~x~)-----11C~M~~--------------- / J <( u <( u <( I,() () ~ ~ 'I GARFIELD '° ll-92 A B C D E <O <D <D ,o $2.92 60 /.3!1-.18 .. f' <D. G J ® K /J.51. J4 S,.34 .3J'E 0 p ~ CARLSBAD . ----.......... ~ I ~ >-~ a:: ~ a:: °' I<\ w !'< ~ J: u , s T. A C D E CHANGES CD G) BLKi OLD' NEW YR CUT f' G I I BLK 2 t H ®CDr ~ I i l l ~ ~ ~------------+-----------~~ @ ~--+---+-+----4 J ~ L 1-'!1-.!18 I,() S2.92 G> ® ~ " .,: N .... 0 I'-.: ~ ~ ~ K ®) ® ·M '-"I S..34.· "~ /.19.9:9 S2.9$ S2.:92 I,() a:: ® CIT) @ w Q. '-..__ .. ~ ::-;: ~ .-z p Q ~ R ~ ~ --: ~ "i ::) ' ..... ~ -, .52.91, -60.04 ~ /V.J2•2JJ'JO"J>'('NWY,) _., ·::,,. & 2. E:.)(1416\, X. No\J. l~, \9~ I -•L.-, OWNE..R & BUILD1Q1 LARRY D. MORS~ 3639 GARFI.l:!.LD ST. CARLSBAD., CA. FLOT PLA.N Scale 1/411 -4' LOT SIZE 3803 Sq. ft. h.XIS'IING 20 1611 73 1 27' 51 I 6• I 18' HODS~ & GARAGE 1048 Sq. ft. ADDI~ION 180 Sq. ft. '.I'OTAL -------52.90-------- 4-41 __ 30• ADDITIO N EXISTING EXIST! RESIDENCE GARAGE - ---)2 I -----t-1-lQ I _J ----42' I I SID.b;WALK . GRASS ••• -•• ••L-• -~• GARFIELD STREET DRIVE..-. 1wAY I I I I 52.90 I I _J_ 1228 Sq. ft. l 73' • 5, l Pl • -~ 1a . :J:,1cua.5e,. I ' i C:~': ~b. \/..:-~,?.fi ..... 1