HomeMy WebLinkAboutV 328; Larry Morse; Variance (V)STAFF REPORT
DATE : November 18, 1981
TO: P1 anning Commission
FROM : P1 anning Department
SUBJECT: V-328 - MORSE - Request for approval of a variance to
reduce the required rear yard setback from 10' to 5' on
property geneially located on the west side of Garfield
Street between Cherry Avenue and Juniper Avenue
(addressed as 3639 Garfield) in the R-3 zone.
I. PROJECT DESCRIPTION
The applicant is requesting approval of a variance to reduce the required rear yard setback from 10' to 5' to accomodate a room
addition on property located as described above. The project
site is a .08 acre parcel developed with a single-family resi- dence. The subject lot has 52.92' of frontage on Garfield Street and a depth of 7 3'.
Adjoining properties along this block of Garfield Street are ap-
proximately 120' in depth and have been similarly developed as single-family homes with the exception of an adjacent duplex. Some larger lots in the block have been developed with multiple- family residences.
11. ANALYSIS
Planning Issues
1) Can the four mandatory findings required for the ap-
proval of a variance be made for the request?
Specifically :
a) That there are exceptional or extraordinary circum- stances 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 vi-
cinity and zone.
b) That such variance is necessary for the preserva-
tion and enjoyment of a substantial property right
possessed by other property in the same vicinity and zone but denied to the property in question.
c) 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.
d) That the granting of such variance will not ad- versely affect the comprehensive general plan.
I11 DISCUSSION
The subject lot is exceptional in both area and depth. While most lots in the vicinity are less than the standard 7500 square
foot minimum lot size required by current ordinances, the 3800
square feet of this parcel is substantially less than the aver-
age.
The lot is also substandard in terms of depth. The current sub- division ordinance requires a minimum depth of 90' for creation
of new lots. The subject property has a depth of only 73' while all other lots in the area have depths in excess of 100' (please see attached Exhibit X).
The minimal area and substandard depth of the property place con- straints on the ability of the property owner to enlarge the 830 square foot house. Other properties in the vicinity have been developed with reduced yard setbacks. Staff believes that due to the limited lot size the applicant is unable to enjoy the pro- perty to the same extent as others in the area.
Finally, staff believes that the granting of a variance to reduce the rear yard to 5' would not be detrimental to'the public wel- fare of properties in the area nor adversely affect the General
Plan. The rear yard of the subject property would abut the rear
yard of one larger adjoining lot.
Overall, staff believes that exceptional circumstances do apply
to the property, denying the applicant a property right shared by others in the vicinity and that approval of the requested vari-
ance would not adversely impact surrounding properties or the
General Plan.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is cate-
gorically exempt per Section 19.04.070 (1K) of the Carlsbad Muni-
cipal Code and the Planning Director has issued a notice of ex-
emption on October 20, 1981.
17. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
No. 1888 APPROVING V-328 based on the findings and subject to the conditions contained therein.
ATTACHMENTS
Planning Commission Resolution No. 1888
Location Map
Background Data Sheet
Disclosure Form
Exhibit X, dated 11/18/81
Exhibit A, Dated 10/13/81
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CASENO: V-328
APPLICANT: !IORSE
-T AM)
5' at 3639 Garfield Street
Variance to reduce the rear yard setback from 10' to
WD~ION: The north easterly 73' of .Lot B, Block 2 of Palasades
Heights according to Map 1777 filed January 11, 1924 -
204 - 232 - 02 Assessors Parcel NLnnber:
No. of Acres .08 Lots 1
GENERAL PLAN %ID ZONING
General Plan Land Use Designation . R-H
Density Allowed 2 0- 3 0 Denskky Proposed NA
Existing Zone R- 3 Proposed .Zone NA
Surrounding Zoning and Land Use:
zoninq . ._ - Land use
North R-3
I R-3 SFRS
Fast R- 3
West R-3
SFRS
SFRS & Multi
PUBLIC FACILII'IES
.mu's Carlsbad ,%EL- District
Public Facilities Fee Agreement, dated Sept. 10, 1981
(Othex: 1
..
Negative Declaration, issued fag No.
E.I.R. Certified, dated
,
,,lo ?b GARFIELO 20
60 =\ 1.= 5c 1 10
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40
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W 3 -1 11 '
h t
3 CARLSBAD .I BLVD.
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OhNER &k BUILDbR €LOT PLAN LO" SIZE 3803 Sq. ft. LARRY D. NOHSh Scale 1/4l1-41 hXI ST ING 3639 GARFIhLD ST. HOUSB & GARAGE 1048 Sq. ft. CARLSAD, CA. AbDITION 180 sq. ft.
TO TAL 1228 sq. ft.
27
I EXISTING
1
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-% I 3
1.81 GARFIELD STREET
I -. - I I.