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Home My WebLink About1994-01-19; Planning Commission; ; 93-04 - FRANCAWLLA RESIDENCE- APPLICATION c JMPLETE DATE: SEPTEMBER 9, 1993 STAFF PLANNER: ELAINE BLACKBURN STAFF REPORT DATE: JANUARY 19, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: AV 93-04 - FRANCAWLLA RESIDENCE - Appeal of the Planning Director's decision to deny a request for an Administrative Variance to allow a reduced side yard setback for a single family home at 813 Windward Lane in Planned Unit Development 67 and in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3596 UPHOLDING the Planning Director's decision DENYING Administrative Variance 93-04 based on the findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND The applicants are appealing the Planning Director's denial of their application for an Administrative Variance (AV 93-04) to allow an existing solarium within the required side yard setback, thus reducing the required side yard from lo' to 6'4" at 813 Windward Lane. The subject property is part of the Harbor Pointe Planned Unit Development (PUD 61) approved in April, 1984. The applicants filed an application for a PUD Amendment (PUD 61(A)) in March, 1992, to allow the solarium, which had not been installed at that time. After review, the applicants were told by Planning staff that the application was not approvable because of the encroachment into the required side yard. They then withdrew the application in April, 1992. The solarium was apparently installed sometime after this date without a building permit. In April, 1993, a complaint was filed with the Code Enforcement division regarding the presence of the solarium. Code enforcement staff visited the site and informed the applicants that, because there was no Planning Department approval and no building permit had been issued, the structure would have to be viewed as a violation, and that they would begin proceedings to have it removed. /- AV 93-04 FRANCAVILLA ,&SIDENCE JANUARY 19, 1994 PAGE 2 In August, 1993, the applicants filed applications for a PUD Amendment (PUD 61 (C)) and an Administrative Variance (AV 93-04). The AV application was subsequently denied by the Planning Director in October, 1993, due to inability to make the necessary findings. If the Planning Commission upholds the Planning Director‘s denial of the AV, the Planning Director will then issue a denial of the related PUD Amendment application. Section 21.51.060(c) of the Carlsbad Municipal Code allows the denial of this Administration Variance to be appealed to the City Council. The decision of the Planning Commission shall be final unless appealed to the City Council as discussed in Chapter 21.50 of the Carlsbad Municipal Code. 111. ANMYSES Can the four findings required for approval of an Administrative Variance be made, specifically: 1. That 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; 2. That 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; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located; and, 4. That the granting of such variance will not adversely affect the comprehensive General Plan. DISCUSSION: 1. There are not 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. All properties within the Planned Unit Development (PUD 61) are required to maintain a minimum 10’ side yard setback, and all of the properties are of the same approximate size, configuration, and terrain. Therefore, the subject property is not subject to extraordinary circumstances or conditions. 2. The requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone P AV 93-04 FRANCAVILLA AdSIDENCE JANUARY 19, 1994 PAGE 3 but which is denied to the property in question. No variances have been approved for similar requests in the neighborhood, Therefore, any property owner having a similar structure does not possess a property right for the nonconforming structure. 3. The granting of this variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The presence of the solarium within the required side yard setback negatively impacts both the view from the street and the feeling of openness. 4. The granting of this variance will not adversely affect the comprehensive General Plan because the solarium is located on one single family lot. nr. ENVIRONMENTAL REVIEW The project is Categorically Exempt from environmental review under Subsection 15305(a) of the California Environmental Quality Act, which exempts setback variances not resulting in the creation of any new parcel. ATTACHMENTS 1. Planning Commission Resolution No. 3596 2. Location Map 3. Background Data Sheet 4. Administrative Variance Letter of Denial, dated October 13, 1993 5. Exhibits "A" - "B", dated August 9, 1993. EB:vd:lh November 18, 1993 1- CAW DE LAS ONDAS \ SKYSAK AVE PALOMAR AIRPORT RD FRANCAVILLA RESIDENCE I AV 93-04 -. BACKGROUND DATA SHEET -, CASE NO: AV 93-04 CASE NAME: Francavilla Residence APPLICANT: Jim Francavilla REQUEST AND LOCATION: An Administrative Variance for a reduced sidevard at 813 Windward Lane. LEGAL DESCRIPTION: Lot 186 of Tract 8329. in the City of Carlsbad. County of San Dieno. State of California. APN: 214492-30 Acres Proposed No. of Lots/Units (Assessor's Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RM Density Allowed Density Proposed Existing Zone PC Proposed Zone Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) zoning Land Use Site PC Residential North PC Residential south PC Residential East PC Residential West PC Residential PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Exemption per CEOA Section 15305(aI