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HomeMy WebLinkAbout1984-05-23; Planning Commission; ; V 357 - NATIVE SUNAPPLrc--1ON SUBMiTTAL DATE: MARCH~, 1984 STAFF REPORT DATE: May 23, 1984 @ TO: Planning Commission FROM: Land Use Planning Office SUBJECT: V-357 -NATIVE SUN -Request for a variance from the Zoning Ordinance to allow the construction of a six foot high wall within the front yard setback on property located on the north side of Ocean Avenue between Mountain View Drive and Pacific Avenue. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2298 DENYING V-357 based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting a variance to Section 21.46.130 of the Zoning Ordinance to allow the construction of a six foot masonry wall in the front yard setback. The wall would run approximately along the front property line of the subject property. The applicant is proposing the wall at the requested height to keep in line with the security concept of the project. III. 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 or conditions applicable to the property that do not apply 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 health and welfare? d) Will the granting of this variance adversely affect the General Plan? Discussion The applicant is requesting approval of a variance which would allow construction of a six foot masonry wall approximately along the front property line. The Zoning Ordinance prohibits fences and walls over 42 inches in height within the front yard setback. Before the request is granted it must meet the necessary findings for a variance. Staff cannot make two of the four findings. First, there are no unusual circumstances that exist on this property that do not generally apply to other properties in the same vicinity. The applicant feels that since the subject property takes access through a private drive, the geometric layout lends itself to being a private community within itself. Staff does not agree. The project does not take access through a private drive, rather it takes access through a driveway as do other projects in the vicinity. Also, the topography of the project is relatively the same as the apartment projects to the east and the single family residences to the south. Thus, staff feels no unusual circumstances exist on the site, that do not exist in the vicinity. A second issue is whether the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. The applicant states that properties to the south have walls over 42 inches high within the front yard setback. Staff made a field check of the vicinity and found only two homes in the vicinity had walls over 42 inches in height. Only one of these, the wall located at 2445 Ocean Street, runs along the front property line. Staff has found that this wall was built illegally without a building permit or variance. Illegal construction does not establish a precendent. Staff is in the process of notifying this property owner to correct this zoning violation. Overall, staff feels it cannot make the necessary findings for a variance and therefore, recommends denial of V-357. IV. ENVIRONMENTAL REVIEW The project is exempt from environmental review per Section 19.04.070(F){4)(A) of the Environmental Protection Ordinance. ATTACHMENTS 1) Planning Commission Resolution No. 2298 2) Location Map 3) Background Data Sheet 4) Variance Supplemental Sheet 5) Disclosure Statement EVR:bw 5/8/84 -2- .- ._QCA TION MA.> SITE PACIFIC OCEAN NATIVE SUN V-357 BA.CKGIOJND MTA SHEET CASE 00: V-357 ------- APPLICANT: Native Sun REQUEST AND IOCATICN: Allow 6' high masonry wall within front yard setback on the north side of Ocean Avenue between .lt>untain View Drive and Pacific Avenue. LEX:iAL DESCRIPI'ICN: All that portion of lot 2 and a portion of lot 3 in Section 1, 'Ibwnship 12 South, Range 3 West, San Bernardino Base Meridian according to Official Plat Map filed in the County of San Diego. APN: 203-01-14 Acres 7.40 Prq,osed No. of Lots/Units N/A ----------- Land Use Designation GffiERAL PLAN AND ZCNDX; RM-H -------- Density Allowed 10-20 du/ac -----------Density Proposed N/A Existing Zone R-3 ---------Proposed Zone N/A ----------- Surrounding Zoning and Land Use: zoning Site R-3 North R-A South R-3 East R-3 West as PUBLIC FACILITIES Land Use Vacant Lagoon SFR Apartment Pacific Ocean School District Carlsbad Water Carlsbad sewer Carlsbad EDU's ----- Public Facilities Fee Agreement, dated N/A _____ ...._ _________ _ ENVIRCNMENTAL IMPACT ASSESSMENT __ Negative Declaration, issued __________ _ E.I.R. Certified, dated -------------- 0th er, Exempt per Section 19.04.070(F)(4)(A) PPLE.""lENI'AL INFOR."iATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 6.544 2) Zale -----------------------------------R-3 3) General Plan Land use Designaticn ___ R_e_s_i_d_e_n_t_1_· _a_l_-_M_e_d_i_u_m_H_. 1_· g ___ h_D_e_n_s_i_t_y_ 4) By law a Variance may be a_R?roved cnly if certain facts are found to exist. Please read these requirements carefully and explain h:lw tre proposed project meets each of these facts. Use additicnal sheets if necessary. a) Explain wcy there are excepticnal or extraordinary circumstances or o:::nditicns awlicable to the property or to the intended use that do not apply· generally to tre other: property or class· of u~ }n tre ~ vicinity and zcne: This is· a development of 14 condominiums which take access to and through a private drive before entet'lnq a public roadway. Thus, the geometric layout lends itself to being a private community within i ts·e!f. b) Explain why such variance is necessary for the preservaticn and enjoyment of a substantial property right possessed by other property in the same vicinity and z~e but which is denied to the prc_,perty in question: Adjacent properties to the west have 5.5' privacy walls along their front right-of-way lines. Other homes in the area encroach within the required setbacks from street R.O.w. Our Variance is not evert for encroachment, but for a heiqhth allowance of 30". c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or irnp.rovemet1ts in such vicinity and zcne in which t~ property is located Th~ variance will in nd way naturally be detrimental to the public -The public will still have all benefits it had prior to ·ssuance of the variance. The roperties in the area will them in any way from the benefits they enjoy on their own prop- erties·today; d) Explai..'l why tre granting of such variance will not adversely affect tre conp:cehensive general pl.an: The variance is more for a landscape/sec- urity measure which would not adversely affect: the general plan which is a density, unit type (detached, attached units, etc.) permitted use (commercial, recreation, residential, etc.) monitor. If after the information you have submitted has been reviewed, it is determined ~hat further information required, you wiil be so ad,--~- APPLICANT: AGENT: MEMBERS: NATIVE SUN INVESTMENT GROUP Name (individual, partnership. joint venture, corporation-syndication) •110 Escondido Avenue, Suite 103, Vista, CA 92083 Business Address 941-1155 Telephone Number • Roberto. Sukup Name same Business Addres~ same Telephone Number Michael R, Mahoney Hame ·(individual, partner, joint_ venture, corporation, syndication) same Business Address same Telephone N\Jillber John B. Lyttle same 3~siness Address same Telephor.e Member Home J.ddress Telephone Number Home .Address Telephone ~iu.'.\ber (Attach more sheets if necessary) I/We dec:la:e u~de:r_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 a~ended.