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Home My WebLink About1984-05-23; Planning Commission; ; V 359 - DEVELOPMENT CONSULTANTSAPPLICAT...x.t)N SUBMITTAL DATE: MARCH 1, ~984 STAFF REPORT DATE: May 23, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: V-359 -DEVELOPMENT CONSULTANTS -Request for a variance of the zoning ordinance to construct a 10 foot tennis fence within one of the front yard setbacks of a through-lot at 7117 Obelisco Circle I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2299, DENYING V-359, based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting a variance of Section 21.46.130 of the Zoning Ordinance to permit construction of a 10 foot tennis fence within his front yard setback. Plans indicate the fence would be placed on top of a seven foot retaining wall and set back 7 feet from the front property line. The applicant intends to backfill dirt against the retaining wall to hide the wall and to plant a landscape buffer to obscure the 10 foot fence. 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 There are two main issues with this request: (1) Are there extraordinary or exceptional circumstances that apply to this property that do not generally apply to other properties in this area1 and (2) is the applicant being denied a property right enjoyed by other property owners in the vicinity? A field check of the site indicates that the applicant has a large .58 acre lot which slopes steeply to the west and extends as a through lot from Obelisco Circle in the front to Babilonia Street in the rear. The applicant believes the through-lot creates an unusual circumstance which does not permit the full utilization of his property because the lot has two front yards~ however, the surrounding neighborhood contains numerous through-lots with similar sloping topography. The lot is large enough to accommodate the tennis court and the proposed swimming pool and recreation area proposed by the applicant. Modifications to the site plan would have to be made, but there is enough room. Staff cannot make the finding that there are exceptional or extraordinary conditions on the one-half acre lot. The second issue is whether or not the applicant is being denied a property right possessed by other property owners in the vicinity. As previously stated, the applicant's lot is very large and is more than adequate to accommodate recreational uses, including a tennis court without the necessity of a variance. Further, a similar request for this fence on the same property was administratively denied on December 21, 1982. In addition, a similar variance request for a tennis court fence in the setback of Lot 681 of Obelisco Place, was denied by the Planning Commission as not satisfying the required findings for approval of a variance. Staff believes the circumstances have not changed since the previous denial and that the second mandatory finding for a variance cannot be made. While the granting of this variance would not affect the General Plan, there is concern that it would be detrimental to the general public and injurious to other properties in the vicinity. Specifically, the visual impact of a 10 foot fence on top of a small retaining wall in the front yard setback would be considerable, not only on adjoining property but the area in general. The lot is located on one of the highest points in La Costa and the fence would, therefore, be visible for a great distance. In summary, staff feels the request does not meet the four required findings for a variance and, therefore, cannot recommend approval of this project. IV. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 19.04.070 of the Environmental Protection Ordinance. -2- Attachments 1. Planning Commission Resolution No. 2299 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibit 0 A0 , dated May 7, 1984 AML:ad 5/9/84 -3- LOCATION MAP DEVELOPMENT CONSULT ANTS V-359 BACKGROOND DA.TA SHEET CASE :00: V-359 APPLICANT: DEVEIDPMENT ~ULTANTS REQUEST AND I.OCATIOO: Variance to construct a 10 foot fence within a front yard setback LEXiAL DESCRIPTIOO: Lot 684 of La Costa Meadows Unit No. 4, according to Map 7367 APN: 215-460-20 Acres • 58 Prq>osed No. of Lots/Uni ts N/A -------------- GENERAL PLAN AND ZOO:n«.; Land Use Designation -------RL Density Allowed N/A ------------Density Proposed N/A Existirg Zone R-1-15,000 Proposed Zone N/A Surroundirg Zonirg and Land Use: Zoning Site R-1-15,000 North R-1-15,000 South R-1-15,000 East R-1-15,000 West R-1-15,000 PUBLIC FACILITIES Carlsbad Land Use SFD SFD SFD SFD SFD School District San Marcos Water Costa Real Sewer Leucadia EDU's 1 ---- Public Facilities Fee Agreement, dated N/A ------------------- ENVIRCNttENTAL IMPACT ASSESSMENT _Negative Declaration, issued __________ _ _ E.I.R. Certified, dated _____________ _ Other, Exenpt per Section 19.04.070 of the Envirornnental Protection Ordinance .urther informationrs r~quired, you wi1i be so a~ed. APPLICANT: AGENT: MEMBEBS: Sidney & Genevieve Craig H/W Name (individual, partnership, joint venture, corporation, syndication) 9132 stonewood. nowney. CA 90241 Business Address Telephone Number Joe sandy Name Development Consultants f'. (). l3cr:f ;2../'-/-:;· . ~ 9.2:oo <f Business Address } • • 7 .: • Telephone Nw=er Ma.me ·(individual, partner, joint_ . venture, corporation, synclicat.ion) Business Address Telephone Number 3~siness Address Telephone Nt:Dber H'ome Address Telephone Number Home Address Telephone ~u.':lber (Attach more sheets if necessary) .. I/We decla:e under penalty of perjury that the information contained in this dis- closure is tr-~e and correct and that it will remain true and correct and may be· reli~c upon as being true and correct until a~ended. • /··, ' -I . WtW~fJ.T .. · :J_· . 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