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Home My WebLink About1983-05-25; Planning Commission; ; V 347 - BURMEISTERDATE: TO: FROM: STAFF REPORT May 25, 1983 Planning Commission Land Use Planning Office APPLIC.t_ iQN .. SUBMITTAL DATE: MARCH 24:, · ,i:9:9 3 SUBJECT: V-347 -Burmeister -Request for four variances to the Zoning Ordinance for a proposed condominium conversion at 4555 Cove Drive in the R-W zone. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2116 DENYING V-347 based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting four variances, which, if granted, would allow the conversion of a three-unit apartment house into a three-unit condominium. The variance requests are for: a) Two tandem parking spaces b) One compact car space c) Parking encroachment into the front-yard setback d) Parking encroachment into the side-yard setback The zoning ordinance stipulates that all condominium conversions must meet the requirements of the Planned Development Ordinance. As such, eight parking spaces are required for a three-unit condominium. The subject lot is too narrow to fully accornodate this requirement width-wise, across its frontage. Previously, the R-W zone possessed its own parking standards (one space per unit). On March 17, 1981, however, the City Council approved ZCA-129, which required all discretionary development in this zone to meet the same parking requirements as other zones. This Zone Code Amendment was an outgrowth of City Council recognition that the Bristol Cove parking situation was becoming increasingly difficult and hazardous. As such, the proposed condominium conversion must now meet the stricter parking requirements. The existing three-unit apartment currently has four parking spaces each of which extend to the 10 foot front yard setback line. The applicant plans to convert part of the living quarter to garage area to recess space numbers 2 and 4 to allow room for tandem numbers 1 and 3 (as shown on Exhibit "A"). In addition, two bedrooms will be converted into parking area for vehicles number 7 and 8. Space numbers 5 and 6 presently exist. Space number 8 is proposed as a compact space. The property is irregularly shaped, and is somewhat larger than most lots in the vicinity. The structure is set back ten feet from the front property line. III. ANALYSIS Planning Issues 1) Can the four mandatory findings for a variance be made as they relate to this case? Specifically: a) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other property in the same vicinity and zone? b) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? c) Will the granting of this variance be detrimental to the public welfare? d) Will the granting of this variance adversely affect the General Plan? Discussion The applicant has submitted a supplemental information form to address the issues above. This form has been attached to this report as Exhibit 11 B11 • Staff believes that exceptional or extraordinary circumstances do not exist on this property. This finding refers to physical features of a property which may hinder development to a greater degree than surrounding properties. As shown on the Location Map, the shape of this lot actually has a wider frontage than the majority of those in the area. The applicant points out that he is being denied a property right that others in the vicinity possess. This right is the ability to convert his property to condominiums and enjoy a raise in property value equal to condominiums in the area. He further refers to individual condominium projects with less parking than he is being required to provide. Staff has investigated each of these projects and found that three of them were converted to conominiums prior to the new parking requirement which was approved on March 17, 1981. The fourth project is not a condominium conversion and is required to meet apartment requirements only. Staff beleives that anytime the zoning ordinance is amended and stricter requirements are adopted, subsequent development will be denied the same rights of development as those built prior to the Code Amendment. As a result, staff cannot make the finding that the owner is being denied a property right. -2- From a practical standpoint, one additional legitimate, safe parking space would be added to the property. While it is desirable to increase the number of safe spaces whenever possible, staff believes that three of the requested spaces would not result in an improvement in safety. Our office has noted that tandem spaces create problems and should be avoided. Vehicles parking in tandem back out into the street much more frequently to allow the innermost vehicle to exit. Also, the Fire Department has stated their reluctance to recommend approval of a side setback reduction because it would hinder fire access to the rear units. From a visual standpoint, the tandem spaces will allow for no front yard setback, and will preclude the use of an existing garage door. The garage for spaces 1, 2, 3, and 4 will be open to the street. In summary, staff believes that the request does not meet the four required findings for approval of a variance. In addition, staff would feel very uncomfortable recommending approval of reduced parking standards (tandem, compact, etc.} when these new standards were adopted at the request of the Council, Planning Commission, and citizens group from Bristol Cove. Staff is, therefore, recommending denial of this request. Our office has received thirteen letters in support of the requested variance. IV. Environmental Review This project is exempt from environmental review per Section 19.04.070(6)(D)(i) of the Environmental Ordinance. ATTACHMENTS 1. Planning Commission Resolution No. 2116 2. Location Map 3. Background Data Sheet 4. Exhibit 11 B11 , dated April 11, 1983 S. Disclosure Form 6. Exhibit "A", dated May 5, 1983 PJK:bw 5/19/83 -3- LOCATION Park Dr . . ··'--··- .. ----- CASE NO._.._;;;_V_-3 __ 4...;..7~-- APPLICANT BURMEISTER . \ . . . \ MAP SUBJECT SITE • 4555 COVE DR . . I --.-- BACKGROUND DA'm. SHEET CASE NO: V-347 APPLICANT: Bunneister REXJUEST AND I.DCATION: Four variances at 4555 Cove Drive. LEGAL DESCRIPI'ION: lot 35 of Map N:>. 5162 in carlsbad, California, acoording to map thereof filed on April 23, 1963. APN: 207-150-19 Acres .10 Prq;x:,sed !lb. of IDts/Units 3 units GENERAL PIAN AND ZONING Land Use Designation RH -------- Density Allowed ___ E_x_i_s_t_in_g..__ __ _ Density Proposed Existing Existing Zone R-W ----------Proposed zone N/A __ __,_ _____ _ Surrounding zoning and Land use: Zoning Site R-W N:>rth R-W Soo.th R-W East R-W West R-W :ruBLIC FACILITIES Lain Use 3 unit apartment W:lterway vacant Vacant Vacant School District Carlsbad Water Carlsbad Sewer Carlsbad EDU' s 3 ----- Public Facilities Fee Agreement, dated ----------------- ENVIRONMENTAL IMPACT ASSESSMENI' __ Negative Declaration, issued ___________ _ __ E.I.R. Certified, dated ______________ _ Other, Exatpt per 19.04.070(6) (D) (i) J --- SUPPLEMENTAL INFORMATION FORM VARIANCE 4. a) This is an existing structure. It is physically impossible to provide the required number of parking spaces without allowing for tandem parking and minor encroachment into setback areas. The lot is shallow in depth and irregular in shape. The width of the structure is 51 feet, which facilitates a maximum of six parking spaces across with two in tandem. Only by expensive and substaintial alteration of the existing structure can the owner provide the proposed eight spaces with two in tandem. It is physically impossible to provide the required eight spaces without the granting of a variance. This is the only lot with an existing structure that is shaped in such a manner. No other currently existing building has the width to provide six parking spaces across. b) The following recent condominium conversions enjoy substan- tially less parking requirements than are proposed for the subject property: 4543 Cove Drive 3 enclosed garages and )Condominium units 3 tandem. parking spaces No guest parking exists. 4 599 Cove Drive 3 open parking spaces 2 Condominium units No guest parking exists. 4603-4605 Cove Drive 10 parking spaces 6 Condominium units No guest parking exists. 4719 Park Drive 7 parking spaces and 14 units (presently 7 tandem parking spaces under construction) No guest parking proposed. The quality of this development is reasonably consistent with other forms of develo~ment intended for separate ownership. The zoning ordinance (as applied for parking requirements) ties the use of this property to a specific use, that of apart- ments, and limits the flexibility of the owner in making changes that are currently available to --_other property owners. The restriction further inhibits the owner by reducing the value of his property thereby imposing an economic hardship upon the owner. Other owners who converted to condominiums prior to each change in the parking requirements now are enjoying a rise in property value that is being denied to this applicant. Denial of this variance request limits the owner's use to apart- ments and substaintially reduces the income from and the value of the property. Other property owners within the same zoning class are currently enjoying the right to convert to condominiums thereby increasing their income and the value of their property. ' I - c) The proposed renovations will relieve an unreasonable burden placed on those persons in proximity to the subject property. Presently the building and lot in question provide 4 enclosed spaces for J units; one 4 bedroom, one J bedroom, and one 2 bedroom unit; a total of nine bedrooms currently exist. By doubling parking spaces, from 4 spaces to 8 spaces, and by decreasing the number of bedrooms from 9 to 7, the owner is attempting everything feasible to alleviate the current parking problem. The disharmonious and disruptive element that currently exists will be lessened. The owner is attempting to provide more parking spaces than is currently provided by any existing three (J) unit structure. By adding four spaces to the property in question, other owners in proximity will benefit. Automobiles that normally would be parked on the street will now have off-street parking. Four additional parking spaces will relieve current congestion and contribute to a more orderly flow of traffic and add to the safety and well-being of the residents of the neighborhood. d) By providing eight parking spaces the owner is meeting the intent of the General Plan. The variance requested is relief from setback requirements and for tandem parking. The owner is not requesting a reduction in the number of parking spaces. The proposed renovations contributes to the safety and well- being of the area by removing four (4) automobiles from the street. The proposed changes are necessary and desirable in order to provide proper parking in the area. The general well-being of the neighborhood is a major consideration in adding four (4) additional parking spaces. The general purpose and intent of the requirement for off-street parking spaces is to lessen the congestion on the streets of the city. The granting of the variance from strict application of Section 21.45.090 will result in four (4) fewer automobiles parked on the street than there would be if the present use as apartments were continued. Failure to grant the requested variance will result in the continued use of the property as three (J) apartments with nine (9) bedrooms and only four (4) parking spaces, thereby perpetuating the present shortage of parking. If after·the information vou have submitted has been revi~~c!d, it is determined . t.hat fui:ther information -=--equired, you wi1l be so adv .. APPLICANT: AGENT: MEMBERS: Rory K .• Rohan, individual Name (individual, partnership. joint venture, corporation, syndication) Box 99521, ·san Diego, CA 92109 Business Address 272-5244 Telepho .. 1e Number James W. Burmeister Name 2810 ~~o Pico Dr., Carlsbad, CA _22008 Business Address 72·9-3052 Telephone Number 'Name ·(individual, partner, joint. ventu.i:e, corporation, syndication) Business Address ~elephone Ni.::nber 3~siness Addi:ess Telephone Nt.:.nber Home Address Telephone Number Home Address Telep~ne ~lu.".lber ---·----------- (Attach more sheets if necessary) I/We d~cl~e u?;.de:::.penalty of perjury that the information conta_i_ned in this dis- closure is t:::-ue and correct and that it will remain true and cor.!'ect and may be· relied upon a3 being true and correct until a~ended. Rory K. Rohan Applicant ~ -/~ ~ ~------~-: a•.;, -: .. ~r. .. >,-~--' ., //'.::.i -l-• •• /' ,_- , "' ,, to. . ·,;,.-.. ·. , ' l j..- --:!:'"7 ",_', . : ? ~ili 4-;'-' -'4-J. '~li<>'+-_."""'___,1_ . ?: • 4' ·P,e,c.. 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