HomeMy WebLinkAboutV 319; Maurice Lenack; Variance (V),
STAFF REPORT
DATE :
TO :
FROM:
SUBJECT :
I.
February 11, 1981
Planning Commission
Planning Department
V-319, LENACK, Request for a Variance of the Zoning Ordinance to reduce the sideyard setback from 7.7
to 4.2' on property located on the end of Jerez Court in the RD-M zone.
PROJECT DESCRIPTION
The applicant requests approval of a reduction of the sideyard setback from 7.7' to 4.2' on property located as described above. The applicant's intent is to build a 4Ix14' cantilever balcony extending from the second floor of an existing condominium. The balcony would extend towards the La Costa Golf Course which borders the property to the north.
11. AJSIALY S IS
Planning Issues
1) Can the four mandatory findings for a Variance be for this project? These-findings are:
That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to the other property or class of use in the same vicinity and zone;
That such Variance is necessary for the pre- servation 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;
That the granting of such Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located.
That the granting of such Variance will not adversely affect the comprehensive General Plan.
,
Discussion
Staff cannot find facts to support the applicant's contention that exceptional or extraordinary circumstances apply to this property to justify the variance.
stated that since the balcony would face a golf course, and no adjacent buildings would be affected, exceptional circumstances apply. Staff disagrees with this assessment and feels an undesirable precedent would be set (i.e., opening the door for encroachment variances for properties adjacent to open areas) if this variance is granted.
Other properties in the vicinity have balconies fronting
onto the golf course, however, none of these balconies
encroach into the required setback, Because the applicant
is not being denied a property right shared by others in
the same vicinity and zone, staff feels the second finding
cannot be made.
The applicant has
Approval of the variance would not be materially detrimental
to the public welfare nor would approval adversely affect the comprehensive general plan, however, since only two of the four mandatory findings can be made, staff cannot support approval of this request.
111. ENVIRONMENTAL REVIEW
This item is exempt from environmental review pursuant to Section 19.04.070(f)(4a) of the Carlsbad Municipal Code.
IV. RECOMMENDATION
It is recommended that the Planning Commission ADOPT
Resolution No. 1769, DENYING V-319 based on the findings contained therein.
ATTACHMENTS
Resolution No. 1769 Exhibit "A" dated January 19, 1981 Location Map Background Data Sheet Disclosure Form
BH : ar 1/29/81
-2-
. .. . _- . ...
LOCAT I ON MAP
ApM;IcANT: LENACK
REQUE~T LOCATION: Reduce rear setback 2 feet frm 10 fee-, 8 fe on-2_dd~r
- cul-de-sac end of Jerez Court, west of Gibraltar. '
1/5 interest of Iot 1 of J%p 7872 filed February 21, 1974 UZAL DESCRIPTION:
Assessors Parcel Number: ?16-- - 290 - 33
Acres -58 No. af Lots 5 units
c
GENERAL PLAN AND ZONING
General Plan Land CTse Designation RH
Density Allowed 20-30 dU/aCre Density Proposed N/A
Proposed Zone N/A -RD-!4 Existing Zone
Surrounding Zoning and Land Use:
zoninq Land Use -
Calf Course .- ---- North p-c -
south -- &$I &%il ti -F&ly
East -?.I m1 ti -Family
West P-C Golf caw se
PUBLIC FACILITIES
School District
Water District costa Real
Sari Dieguito and minitas
Sewer District LeUCadia EDU'S ~J,/A
Public Facilities Fee Agreement, dated EXEMPT
(other : 1
ENVIRONMENTAL IMPACI' ASSESSMENT
Negative Declaration, issued Log No.
E.I.R. Certified, dated
Other, PER SECTIOV 19.04.070(f) (4a)