HomeMy WebLinkAboutV 315; Ione Elsner Sideyard Setback; Variance (V)DATE :
TO :
FROM:
SUBJECT :
STAFF REPORT
January 14, 1981
0
Planning Commission
Planning Department
V-315, ELSNER, Request to allow two porch covers to encroach four feet into a required five foot side
yard setback on property located on the east side
of Roosevelt Street in the R-P zone.
I. PROJECT DESCRIPTION
The applicant is requesting a variance to allow a reduction in the required sideyard setback, from five feet to one foot,
in order to allow two previously constructed porch covers to remain in place. The R-P zoning standards require a minimum
sideyard of five feet and do not allow for porch covers to
intrude into this setback.
The subject property is flat with a width of 25 feet and a
length of 140 feet. The applicant recently completed the construction of a 15' wide duplex on the site. The properties to the east and west are occupied by single family dwellings, while the property to the north is vacant. The property to the south is occupied by an apartment building.
11. ANALYSIS
Planning Issues
1) Can the four mandatory findings of a variance be found in this case which are as follows:
a) Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other property in the vicinity?
b) Do other properties in the vicinity share a similar right which is denied to this property?
c) Will this variance adversely affect the comprehensive General Plan?
d) Will this variance be detrimental to other properties in the vicinity?
111. DISCUSSION
The subject property has a narrow width of 25 feet. However, there are a number of other 25' wide lots in the vicinity of the subject property. Many of the lots in this neighborhood
were created when Carlsbad was first surveyed in 1888, long
before there was any thought of zoning or setbacks.
A field check revealed that there appears to be a few instances
of existing buildings and carport covers which intrude into
the required sideyard setbacks on other properties in the
vicinity of the subject property. However, it appears that
many of the structures which encroach into sideyard setbacks
were constructed prior to the establishment of the Carlsbad Zoning Ordinance or possibly were constructed without a
building permit.
The granting of this variance will not adversely affect the
comprehensive General Plan, but may have a detrimental effect
to other properties in the vicinity. Quite a few of the
structures in the vicinity of the subject property are rather
old and somewhat run down. Many of them will be removed and replaced by new structures in the near future. If this variance were granted it could set an undesirable precedent, which could result in a number of variances being granted to allow encroachments into the required setbacks. If the city continued to grant variances to allow encroachments into sideyard setbacks on substandard lots in this neighborhood, the end result would be similar to the existing situation. Staff feels that this could have a detrimental effect on other properties in the vicinity.
Since staff cannot make all four of the required findings necessary for granting a variance, especially findings 1 and 2, denial is recommended.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this requested variance is categorically exempt from environmental review according to Section 19.04.070(4)(A) of the City of Carlsbad Environmental Ordinance.
V. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 1748, recommending DENIAL of V-315 based on the findings contained therein.
ATTACHMENTS
PC Resolution No. 1748
Background Data Sheet Location Map
Disclosure Form Exhibit "A" dated October 27, 1980
MH:ar 1/7/81 -2-
W& DmwPXoN: Lot 8 of Block 42 of Carlsbad according to Map No. 535
c- - filed May 2, 1888. - -
204 - 092 I 06 Zsscssors Parcel Number:
General Plan Land Use Designation M/o
Density Allam3 N/A Density Proposed N/A
misting Zonc R-P Proposed Zone N/A
Surrounding Zoning and Land Use:
zoning
North R-P
Land Use
Bst R-3 SFD
West R-P SFD
rmBLIC FACILITIES I
SchmP District CARZSBAD
water: District mBAD
sewer District CARLSBAD EDU's N/A
public Facilities Fee Agreement, dated 03. 27, 1980 & OCT. 23. 39813
(Other: (2 P.F.F. Agr-ts submitted) 1
~~L@E"IN, IMPACT ASSESSm -
Bst R-3 SFD
West R-P SFD
rmBLIC FACILITIES I
SchmP District CARZSBAD
water: District mBAD
sewer District CARLSBAD EDU's N/A
public Facilities Fee Agreement, dated 03. 27, 1980 & OCT. 23. 39813
(Other: (2 P.F.F. Agr-ts submitted) 1
~~L@E"IN, IMPACT ASSESSm -
Negative Declaration, issued Log No.
E.1.R. Certified, dated
Other Exempt per Section 19.04.070(4) (A)
LOCAT I ON MAP
I
~~'
P --P -- 25 '
CASE NO. V-315
I
Jf that further information required, you will be so adv. d,
the information wu have submittcd has been reviewed, it is determined
APPLICANT: 3 o/?C E'
Name venture,
AGENT :
Telephone Number . c
Nmi -
Business Address
Telephone Number
Home Address
*
MEElBERS : - Name (individual, partnkr, joint
venture, corporation, syndication) .
Business Address
a
..
Telephone Number Telephone Number
Name Home Address
Business Address ..
3.
Telephone Number Telephone Number
(Attach more sheets if necessary)
8
X/We declare under 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 amended. &&
h Applicant ..
. -- 'Agent, Owner, Partner