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HomeMy WebLinkAboutV 317; Allen Dorfman; Variance (V)STAFF REPORT DATE : January 28, 1981 TO : Planning Commission FROM : Planning Department SUBJECT: V-317, DORFMAN - Request for a variance of the zoning ordinance to reduce the front yard setback from 20' to 16' on property located on the west side of Almaden Lane, between Alga Road and Pamplona Way and addressed as 7049 Alrnaden Lane in the R-1 zone. I. PROJECT DESCRIPTION The applicant is requesting a variance of Section 21.10.030 of the zoning ordinance to reduce the re- quired front yard setback from 20' to 16' on property as described above. The intent of the applicant is to construct a new garage at curb level in front of the existing garage as shown on exhibit "A". The existing garage is 5'6" below the level of the curb and the new garage floor level would be built level to the curb. To provide a garage with a 20' depth, a 4' reduction in the front yard setback would be needed. 11. ANALY S IS Plannincr 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 cir- cumstances or conditions applicable to the property that do not apply generally to other property 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 property in the same vicinity and zone? c) Will the granting of this variance be detri- mental to the public welfare? d) Will the granting of this variance adversely affect the General Plan? 111. DISCUSSION The main issue with this project is whether the present slope of the driveway constitutes exceptional or extra- ordinary circumstances applicable to this property that do not apply to other property in the vicinity. The subject residence is located on a lot which slopes away from street level, westwardly to the golf course below. The driveway, at the present time, possesses a slope of approximately 17%, which is within the standards allowed by the city of Carlsbad Engineering Department for single family houses. Staff noted that under some circumstances, driveways in Carlsbad are as steep as 20% or more on lots with severe topography. While the applicant has indicated that access to the garage is difficult, staff could not make the required finding that exceptional or extraordinary conditions exist on this property that do not apply to other proprety in the vicinity. A second issue is whether the applicant is denied a property right possessed by other property in the vicinity. Staff made a field check of the vicinity and found that two residences in the area were built 2% and 3 feet into the front yard setback. Staff is not aware of how this happened but neither of these were allowed by variance, and therefore staff feels this is not a sufficient factor to make the required finding. Another issue is whether the applicant is denied the property right of access to his garage, a right which is possessed by other property in the vici- nity. As shown on Exhibit "A", access to the existing garage involves the descending of 5'6" from the curb to the garage. Other property in the La Costa area both descend and ascend a greater amount in a lesser drive- way length, and therefore, staff could not make this required finding. Also, straightening out the rounded slope of the driveway would lessen its severity, lead- ing staff to believe that building a new garage at street level is not the only option available to the applicant. While the granting of this variance would not affect the General Plan, a concern has arisen with regard to the reduction of the setback between the front property line and the proposed garage to 16'. 20' is required to store an automobile in the driveway without en- croaching in the public right of way. Staff feels that the granting of this variance, with the potential of having an automobile overhang into the public right of way could be detrimental to the public welfare and could set a very undesirable precedent from a safety standpoint. -2- IV . V. In summary, staff feels that the applicants request meets only one of the four required findings for a variance and, therefore, staff cannot recommend appro- val of this project. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 19.04.070(f) (4) (a) of the environmental ordi- nance. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1754, DENYING V-317, based on the find- ings contained therein. ATTACHMENTS Planning Commission Resolution No. 1754 Background Data Sheet Location Map Disclosure Form Exhibit "A", dated December 11, 1980 PJK: j t 1/20/81 CASE NO: V-317 APPLI~: AllenM. Dorm R~QUE~T -TION: Variance to reduce front yard setback fram 20' to 16' west side of Almaden +e befmeen Alga Fbad and Pamplona Way. LIM;AL lot 166 of Unit 4 of Map 5781 filed September 14, 1966 Assessors parcel ~rnnber: 215 - 220 - 19 Acres24,380 sq.ftao. of Lots N/A (;ENERAL PLAN AND ZONING General Plan Land Use Designation F+% Density Allowed 0-4 Density Proposed N/A Surrounding Zoning and Land Use: zoning Land use Vacant SFD SFD Golf Course School District san Marcos Sewer District Leucadia mu's N/A Water District Carlsbad Municipal Water District Decgnber 1, 1980 Public Facilities Fee Agreement, dated (Other : 1 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Log No. E.I.R. Certified, dated Other, meaptper Section 19.04.070(f) (4) (a) 1- . CASE NO. v-317 VlCl NITY MAY that further information is rcyuiicd, you will bc so advisctl. __.- ALEM &a t>owiw&Al --- APPLICANT : Name (indivirlua 1 , partncL:;hip, joint vcntufc , corporation, 'syndication) AGENT : MEMBERS : 7049 A.LM.tftDEht m, C7fUShA.D ----- e Business Address 438-/156 Telephone Number .. Te 1 cp hon c E: umbc 1: -- -- %* Name (individual, partner, joint Home Address . venture, corporation, syndication) - Bus i ne ss Address -- Telephone Number . Te 1 ep hone Num be r Name Home Address 4 ----- Business Adzess 7. PI Telephone Number Telephone Number (attach more sheets if necessary) Ifie'declare under penalty of perjury that the inform.ation contained in this dis- closure is true and corrcct and that it will remain true and correct and may be relied upon as being true and correct until amended. *.