The URL can be used to link to this page

Home My WebLink About1989-09-20; Planning Commission; ; V 89-02 - FOLSOMDATE: TO: FROM: SUBJECT: I. September 20, 1989 PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT APPLICA,_ON COMPLETE DATE: June 26, 1989 VARIANCE 89-2 -FOLSOM -Request for approval of a Variance to; (1) maintain a carport that is attached to a single family residence and encroaches 13' -4" into a 20' -0" required front yard setback, and; (2) Waive an R-1 Zoning Standard which requires that every single family dwelling have a two-car garage. The property is located at 3571 Donna Ori ve between Chestnut Avenue and Lee Court in Loe al Facilities Management Zone No. 1. REC(NilENDATION That the Planning Commission ADOPT Resolution No. 2915 Denying Variance 89-2, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The parcel is located on the west side of Donna Drive, in the R-1 Zone. The lot is approximately 7,600 square feet in size and contains a two-story single- family dwelling with a second story balcony in the rear. The structure covers approximately 27 percent of the lot and the surrounding neighborhood is developed with one and two story single family residences, on similar sized lots. The two-story residence at one time contained a two-car garage that has since been converted into habitable space without building permits. The two-car garage was replaced with an attached, 11'-3" x 22'-2" {249 square feet), carport that encroaches 13' -4" into the required 20' -0" front setback along Donna Drive. The carport was also constructed without building permits. The R-1 (single family residential) zone requires that all single family properties contain a two-car garage measuring 20'x 20'. Because the structures in question were converted and constructed without building permits the applicant does not have a legal nonconforming right to a reduction in zoning standards nor an exemption from current requirements. Currently the City of Carlsbad has an open code enforcement case on this property, relating to the converted garage and front yard carport. V 89-2 FOLSOM September 20, 1989 Page 2 III. ANALYSIS Planning Issues 1) Can the four mandatory findings for approval of a variance be found in this case? They are as follows: a) Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other properties 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 properties in the same vicinity and zone? c) Will this variance be detrimental to other properties in the vicinity? d) Will this variance adversely affect the comprehensive General Plan? DISCUSSION The applicants are requesting two variances for the subject property. The first Variance would permit an attached carport to encroach 13'-4" into a 20'-0" required front yard setback along Donna Drive. The second Variance would waive an R-1 standard requiring that a single family home maintain a two-car garage. Staff feels it cannot make the necessary findings required to justify the two requested Variances. First, there are no exceptional circumstances applicable to the property. A room addition could have been made upward or a new garage could be added to the rear, leaving the front setback open. Granting of the Variance is not necessary for the preservation of a property right enjoyed by others in the same area. No one else has a legal structure in the front yard setback in this vicinity. Approval of the Variances will have a detrimental effect on other properties in the vicinity and adversely affect the comprehensive General Plan. The carport is visible from the public right-of-way and adjoining properties to the south and north. Without enclosed off-street parking, vehicles parked in the front yard will also be visible from the public right-of-way. Approval of these two Variances could set a precedent for the surrounding neighborhood and encourage other properties to apply for variances to convert their garages into living space, rather than design their remodels in conformance with City standards and ordinance requirements. In summary, staff feels the four findings necessary to grant the variance cannot be made, therefore recommends denial of Variance 89-2. V 89-2 FOLSOM September 20, 1989 Page 3 IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project 1s categorically exempt from environmental review based on the fact that it is a zoning variance not resulting in the creation of any new parcels (Class 5 Section 15305 CEQA Guidelines). On June 27, 1989 a Notice of Exemption was filed with the County Clerk and documentation is on file in the City of Carlsbad Planning Department. ATTACHMENTS 1. Planning Commission Resolution No. 2915 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Document 6. Variance Justification Form 7. Exhibit "A", dated June 20, 1989 JG:l h August 15, 1989 Carlsbad High School CHESTNUT VICINITY MAP FOLSOM AV City of Carlsbad V 89-2 CASE NO: APPLICANT: V 89-02 FOLSOM BACKGROUND DATA SHEET REQUEST AND LOCATION: A VARIANCE TO MAINTAIN A CARPORT THAT ENCROACHES INTO THE FRONT YARD AND MAINTAIN THE PROPERTY WITHOUT A TWO-CAR GARAGE. LEGAL DESCRIPTION:LOT 11 OF VILLAGE HOMES IN THE CITY OF CARLSBAD ACCORDING TO MAP #4165. APN: 205-330-120 Acres__._.=1~7 __ _ Proposed No. of Lots/Units-=1 __ GENERAL PLAN AND ZONING Land Use Designation SINGLE FAMILY Density Allowed 3.2 DU/ACRE Density Proposed N/A Existing Zone R-1 Proposed Zone W/A Surrounding Zoning and Land Use: Zoning Land Use Site R-1 SF North R-1 SF South R-1 SF East R-1 SF West R-1 SF PUBLIC FACILITIES School District CARLSBAD Water CARLSBAD Sewer CARLSBAD EDU's ___ Public Facilities Fee Agreement, Date _N=---/=A"--- ENVIRONMENTAL IMPACT ASSESSMENT Negative declaration, issued _______ _ E.I.R. Certified, dated----------- Other, NOTICE OF EXEMPTION CLASS 5. 15305. ISSUED JUNE 27. 1989 (-l \ DISCLOSURE FORM APPLICANT: fvh2..ll /l\12.,~ Tt-+c1'Yl.,q~ ·1:::::·.t)L';-;,QW) Name (individual, partnership, joint venture, corporation, syndication) AGENT: MEMBERS: 3~71 't'>t>"'rv" l:)iz. C,4121,S. C.1\ :)2.cl1t Business Address c'l-9-(i:,8 ·1<.,, Telephone Number Name Business Address Telephone Number Name (individual, partner,· joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number ( Attach more sheets if necessary) I /We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission Approval prior to development. I /We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I /We consent to entry for this purpose. I /We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner, Partner (' ,..:.._ .J Cit}' of Carlsbad -#d¥hhhh•i•24•ti#i,,t4,il R I L E Jiil lf Robert D. Zumwllf. Clt,k iJb NOTICE OF EXEMPTION ff~~ June 27, 1989 County Clerk County of San Diego 220 West Broadway San Diego, CA 92101 Project Title V 89-2 FOLSOM VARIANCE Project Location--Specific 3571 Donna Drive, Lot 11 of Village Holmes, Map 4165, APN: 205-330-12 Project Location--City Carlsbad Project Location--County San Diego Description of Nature, Purpose, and Beneficiaries of. Pro.iect Zoning Standards Variance, Thomas and Barbara Folsom. Name of Public Agency Approving Project City of Carlsbad Planning Department Name of Person or Agency Carrying Out Project Thomas and Barbara Folsom Exempt Status (Check One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) _x__ Categorical Exemption. State type and section number: Class 5, No. 15305(a) Reason Why Project Is Exempt: Zoning Variance Contact Person Jeff Gibson (619) 438-1161 If file.d by applicant: /l~A.:J{, • : ,tSib:=. MICHAEL J. HO MILLt Planning Director JG :lh 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 .:.. .. J- JUSTIFICATION FOR VARI. CE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1) Explain why there are exceptional or extraordinary circumstances 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 vicinity and zone: The way the house sets now on the property it would be hard to add on a carport & maintain the necessary set backs. The necessity of adding another bedroom is for my growing family. 2) Explain why such variance is necessary for the preservation 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: There are several others in the area who encroach upon the set backs of their properties. They conversly do not impede any movement of pedestrian travel or traffic, so I would like the same pri vileg~c....::_• ______________________ _ 3) Explain why 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: The carport is still several feet away from any sidewalks or pedestrian travel and will pose no threat-the improvements are similiar to the existing style of the ~ouse,is partially obscured by trees & brush. 4) Explain why the granting of such variance will not adversely affect the comprehensive plan: The carport has been in existence for a number of years and is still 19' away from the street curb; therefore, I believe this carport will not adversely affect the comprehensive lan. i ' I \ , ', • W Kt) AR{~ ~.,.., A.t.l<tA{,,'-' -,~.~·j, W'>T, ~O>-S I a-I L-A~l:) V~ : ~g\u..,..>i,Al,', /-ro·r,~ 11,.,•cb co,,,~~~!.' :a.~~1\1' l'A~<ll.r. 1.l'N./l,S l \ C.OVU.~ ' I • z, 7, • i i ' \ / \ \ , .. \ I \ \ ( I I \ ' ) ( \ \ \ \ ,j·•· \ \ \ i iJ RSVIBIONB· •••. ' ' ' • ' ' ~' ' t' 0 . ,_. av . i ,> ' I !;i .r I I 1