HomeMy WebLinkAbout1984-02-08; Planning Commission; ; AV 83-04 - HUMPHREYDATE :
TO :
FROM :
SUBJECT:
I.
STAFF REPORT 0
February 8, 1984
Planning Commission
Land Use Planning Office
AV 83-4 - HUMPHREY - Appeal of a Land Use Planning
Manager denial of a variance request to reduce the rear yard setback at 3295 Westwood Drive.
RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2245 DENYING the appeal of AV 83-4, based on the findings contained therein.
I1 . PROJECT DESCRIPTION
The applicant has requested a variance to the required 15-foot rear yard setback on his single-family lot. He wishes to expand the existing house area by constructing a two-story addition to the rear of the structure. The bottom story of the addition is proposed as a family room, the top story a bedroom. This addition is proposed to within 12-feet of the rear property line. The zoning ordinance requires a 15-foot rear yard setback on this lot .
This variance request falls under the authority of the Land Use Planning Manager. After analyzing the circumstances surrounding the request, the Land Use Planning Manager denied the variance. The applicant has formally appealed this decision to the Commission.
Staff is unable to make the first two findings required for approval of a variance, as follows:
1) There are no exceptional or extraordinary circumstances or conditions applicable to this property that do not generally
apply to other property in the same vicinity and zone since, although the lot is shallow (105 feet deep), five other neighboring lots in the same block are equally shallow. In addition, the applicant could easily construct an addition
to his home without building within the setback area.
2) The requested variance is not necessary for the preservation
of a substantial property right possessed by other property owners in the same vicinity and zone, since others in the area have not built within the required setback area. It is recognized that one property in the neighborhood has built to within 10-feet of the rear lot line (no building permit record was found), however, staff does not conclude that this then becomes a property right, especially if it
was done without any approval.
Staff does not believe that the granting of this variance will have either a harmful or beneficial effect upon the public safety, or the intent of the City's general plan.
111. ENVIRONMENTAL REVIEW
The proposed project is exempt from Environmental Review per
Section 19.04.070(6)(D)(i) of the Carlsbad Environmental
Ordinance and a notice of exemption was filed on January 23, 1984.
Attachments
1) Planning Commission Resolution No. 2245
2) Location Map 3) Background Date Sheet 4) Exhibits "A", "B", and IT", dated February 8, 1984
PJK: ad 1/24/84
-2-
CASE No: AV 83-4
REQUEST AND KDCATICPV: Variance to reduce the rear yard setback from 15 feet
to 12 feet
LEGAL DESCRIPTION: Lot 27(B) of Falcon Hill No. 3 in the City of
Carlsbad, California APN: 167-180-13
Acres 7840 sq.ft. Praposed No. of Lots/Units 1
GENERAL PLAN AND ZONING
Land Use Designation RIM
Density Allowed 0-4 du/ac Density Proposed Same
Existing Zone R- 1-75 Praposed Zone Same
Surrounding Zoning and Land Use:
Zoning Land use
Site R-1-75 SED
North R-1-75 SFD
South R-1-75
East R-1-75
West R-1-75
SFD
SFD
SFD
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad Ew's 1
Public Facilities Fee Agreement, dated N/A
ENVIRONMENCm IMPACT ASSESSMWT
Negative Declaration, issued
E.I.R. Certified, dated -
Other, Exempt per 19.04.070(6)(D)(i)
LOCATION MAP
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HUMPHREY AV 83-4
\,\ PROJECT SITE
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