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HomeMy WebLinkAboutV 316; Michael Zander; Variance (V)STAFF REPORT 8 DATE : TO : FROM: SUBJECT : January 14, 1981 Planning Commission Planning Department V-316, ZANDER - Request for a Variance to allow construction of a six-foot high wall within the front yard setback on property generally located on the west side of Gibraltar Street between Jerez Court and San Marcos Canyon in the RD-M zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant requests a Variance to allow construction of a six-foot high wall along the length of the front property line of a 16 unit condominium project on property located as described above. The applicant has indicated this wall is necessary for privacy at the rear of the units. Building permits were issued for the project on July 9, 1980. Included on the approved site plan and inadvertently approved by staff was the 6 foot high stucco wall for which the Variance is now being requested. It should be noted that this approval for the wall was not included in the tentative tract approval (CT 77-14), only in the building plans. The Zoning Ordinance specifies that the maximum height allowed for fences or walls within the front yard setback is 42" and the applicant now requests a variance to increase this height to 6 feet. 11. ANALYSIS Plannina Issues 1) Can the four mandatory findings for a Variance be made 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 com- prehensive General Plan? d) Will this Variance be detrimental to the public welfare or property in the vicinity? 111. DISCUSSION The subject property is approximately 1.53 acres in size and possesses a front lot line of 493 feet running along the inside of a gradual curve on Gibraltar Street in La Costa. Staff feels that the finding of exceptional or extraordinary circumstances in this case can be made as the rear bedrooms of the front units back directly upon the street. It is possible that this design would not have been chosen by the architects had they been aware that the approval of the 6' wall at the front property line was inadvertently approved on the original plans and might eventually be revoked. Without the approved wall, the bedrooms would lack privacy. In addition, at a few areas along the length of the wall, the street is up to three feet higher than the base of the wall increasing the lack of privacy. Thus, exceptional circumstances would seem to exist in this case. Staff feels that other private residences in the same vicinity and zone possess a property right of privacy that would be denied this property if the wall were not allowed. In addition, staff feels that the granting of this Variance will not adversely affect the comprehensive General Plan and that the developer will take precautions to avoid any detriment to the public welfare. Specifically, the proposed wall has been recessed several feet at the corners adjacent to the driveway openings to conform to the ordinance requirements for visibility of vehicles entering and exiting the driveways. In summary, staff was able to find sufficient facts to make the four mandatory findings for approval of a Variance. IV. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 19.04.070(f) (4) (a) of the Environmental Ordinance. V. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 1747, APPROVING V-316, based on the findings and subject to the conditions contained therein. ATTACHMENTS PC Resolution No. 1747 Background Data Sheet Location Map Disclosure Form Exhibit "A" dated December 29, 1980 PK : ar 1/7/81 -2- APpL~~: MICHAEL ZANDER REQUE~T =TION: VARIANCE TO ALLOW CONSTRUCTION OF A 6 FOT HTGH WAI I WIW - - THE FRONT YARD SETBACK, w/s OF GIBRALTAR STREET BETWEEN JEREZ COURT AND SPN MRCG CANYON. -I cI_ -- DE-pT1-N: LOT 1 OF TRACT 77-14 ACCORDING TO MAP 9094 FILED JANUARY 26, 79. --- ---- Assessors Parcel hTumber: 216 _- 290 - 39 Acres 1.53 No. r General Plan Land Use of Lots 1 GE"L PLAN AND ZONING Desigration - Pasity Allowed 20-30 DU/ACRF RD-M Existing Zone Surrounding Zoning and Land Use: mnin9 North f'=C south RD-M East RD-M P-c West Density Proposed N/A Proposed Zone N/A Land Use 0-s RH RH 0-s PUEU,IC FACILITIES school District SAN DIEGUITO/ENCINITAS Water District sewer District LEUCADIA - mu's N/A Public Facilities Fee Agreement, dated CARLSBAD N/A PUEU,IC FACILITIES SAN DIEGUITO/ENCINITAS school District CARLSBAD Water District sewer District LEUCADIA - mu's N/A Public Facilities Fee Agreement, dated N/A {Other : 1 Negative Declaration, issued Log No. E.I.R. Cextified, dated Other, EXEMPT PER ENVIRONMENTAL PROTFCW ORDwNfF (19.04.070(F)(4)(A) -- I ILOCAT ION I If after the information you have submitted has been reviewed, it is determined tkt further information is required, you will be so advised. 1 APPLICANT: Mike 'O'Hara, Partner Name (indivi&al, partnership, joint venture, corporation, syndication) - AGENT L MEMBRXS : 6351 Yarrow Dr., Suite A, Carlsbad, CA Business AdLfilress .. 92.008 438-43 13 TelepbrtJne Wmber Michael C. Zander, AICP Name P.O. Box 684, Cadiff-by-the-Sea, CA 92007 Business Address ' 942-0218 Teleghone Number Gerald Frankel, Partner 1365 Regal Row, Dallas, TX '75247 -' , Name (individual, partner, joint Home Address . venture, corporation, syndication) c/o John P. Simon, 600 B' St., Suite 2100, San Diego, CA 9ZlOl Business Address Telephone Number Telephone Number N- Home Address Business Address Telephone Number Telephone Number - .. ** 1 (Attach more sheets if necessary) . I/we dsclare under penalty of perjury that the information contained in this dis- closurp, is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended.