HomeMy WebLinkAboutV 329; Juniper Beach Ltd.; Variance (V)STAFF REPORT
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DATE :
TO :
FROM:
SUBJECT:
November 18, 1981
Planning Commission
Planning Department
V-329---RIRSCHBERG - Request for approval of a variance
to reduce the side yard setback from 5 feet to 1 foot off a public alley on property located on the north side of Juniper Avenue between Carlsbad Boulevard and
Garfield Street
I. PROJECT-DESCRIPTION
The applicant proposes to erect a four-unit residential building
to meet condominium standards on a .14 acre parcel of property located as described above in the high density (20-30 du/ac) R-3 zone. Presently, an old duplex sits on the lot.
As a method of discouraging and restricting access onto Carlsbad Boulevard by properties that front on it, staff wishes to encour- age the installation of a public alley to provide access to these properties and minimize traffic conflicts on Carlsbad Boulevard (refer to staff Exhibit 'ID"). The applicant is willing to dedi-
cate and improve such alley along its frontage, but requests a
setback variance for the second and third floors of the structure to within one foot of the newly created (after alley dedication)
side property line. The first floor will abide by the required five foot setback off public alleys.
11. ANALYSIS
Planning Issues
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the in- tended use that do not apply generally to the other pro-
perty or class of use in the same vicinity and zone.
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but 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.
Will the variance adversely affect the General Plan?
1II.DISCUSSION
Staff feels that there are exceptional or extraordinary circum- stances applicable to this property that do not necessarily apply to others in the vicinity. The lot is narrow (45 feet in width) and the city is asking for the five foot alley dedication which
will increase this narrowness. The additional four feet of buildable area requested for the structure will greatly increase the square footage of livable area and improve the project. The project will acquire access from the alley and sufficient backup
(25 feet) will be provided.
Staff also feels that although presently there are equally narrow lots in this area, the required dedication will render this lot less capable of developing a project of compatible quality as those on surrounding properties. Staff feels, therefore, that
the applicant is being denied a property right possessed by others in the vicinity.
Through discussions by the City Engineering and Planning staff,
it has become evident that a real need exists to minimize the
number of vehicle conflict points along Carlsbad Boulevard in this area. The area is designated for high density residential development, however, no comprehensive plan presently exists to
address the numerous scattered access points on Carlsbad Boule-
vard. Staff is presently developing a Specific Plan to determine a precise alley alignment for alleys in this vicinity. It will
be recommended as part of this Specific Plan that buildings sep- arated by alleys maintain a 22 foot minimum separation for safety reasons. If the Specific Plan is approved, this type of request
would not require approval of a variance. Since the granting of
this request would not infringe on this width (20 foot alley with one foot setback on each side) staff feels that the request-
ed variance will not be materially detrimental to the general public.
The granting of this variance will help uphold the intent of the General Plan in two ways. One, the resulting alley will avoid several access points along Carlsbad Boulevard which is specified as a major arterial in the General Plan, and two, it will help allow high density development (the proposed project for this site will result in 28.5 du/ac) on a lot designated for such
while providing more livable housing.
IV. ENVIRONMENTAL-REVIEW
This project is exempt from environmental review per Section 19.04.070 (f)(4a) of the Environmental Ordinance.
V. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
No. 1889 APPROVING V-329, based on the findings contained therein.
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ATTACHMENTS
Planning Commission Resolution No. 1889
Location Map
Staff Exhibit "D"
Background Data Sheet
Disclosure Form
Exhibits "A" - "C", dated October 23, 1981
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PLANNING COMMISSION RESOLUTION NO. 1889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARI- ANCE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO ONE FOOT OFF A PUBLIC ALLEY ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF JUNIPER AVENUE BETWEEN CARLSBAD BOULEVARD AND GARFIELD
STREET APPLICANT: HIRSCHBERG
CASE-NO:---V-329 .
WHEREAS, a verified application for certain property, to
wit:
Lot M in Block 2 of Palisades Heights according to Map 1777 filed January 11, 1924
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 18th day of
November, 1981, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to the
V-329; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the Commission APPROVES V-329, based on the following findings :
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Findings
That there are exceptional or extraordinary circumstances or
conditions applicable to the property that do not apply generally to the other property in the same vicinity and zone
for the reasons stated in the staff report.
That the subject property is being denied a substantial pro-
perty right possessed by other property in the same vicinity
and zone for the reasons stated in the staff report.
That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the proper- ty in the vicinity and that such variance will not adversely
affect the General Plan for the reasons stated in the staff
report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 18th day of November, 1981, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN:
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RES0 #1889 -2-
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REQUEST AM) LCCATION: 4 riff a yih1 ir alley from
5’ to one foot / North side of Juniper bet. Carlsbadvd- 2nd h~-f ield St.
I;EGALDESCRL~TION: Lot M in Block 2 of Palisades Heiqhts accordincr to Map 1
1777 filed January 11, 1924.
Assessors parcel N-: 204 - 232 - 09
Acres A436 No. of Lots -
Plan Land Use Designation R-H
Isity Allowed 20-30 Density Proposed NA
-sting Zone R- 3 Proposed Zone NA
!hrrounding Zoning and Land Use:
. .. . zoning
Noeh R-3
South R-3 3
East R-3
West R- 3
Land use
MAti-family Res.
Multi-family Res.
Sinqle family Res.
Multi-familv Res ,
PUBLIC FACILITES
Schaol District
Water District Carlsbad
Sewer District Carlsbad .mu‘s’
Public Facilities Fee Agreement, dated Auaust 78. 1981
1 -\ (Other:
ENVIR0”I’A.L IMPACT XSSS-
Negative Declaration, issued Jhcj No.
E.X.R. Cer,tified, dated
Other, Exempt per Section 19.04.070 (f)’ (4a) CMC
aftar the infornation YOU have submitted has been revie.ci&, it is dewr;nind
_flat further information""lg required, you will be SO a$- *
APPLICANT : Juniper Beach LTD.
Name (individual, partnership, joint venture, corporation, syndicatioa)
2942 Harding Street Carlsbad, CA 92008
Business Address
434-4576
Telephone Number
. AGENT:
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. rnMB€ECS:
Name - -.
*. Business Address .-
.- .- -
Telephone Number .
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. Jim Hirschbekg 138 JUKI~~S Carlsbad-, CA 92008 -
riame *(individual, partner, joint. Eone Address
venture, col=l)orationp syndication)
2942 Wding Street Carlsbad, CA 92008
Biisiness Address
434-4576 434-4577
Telephone N-r Telephone Mumber
I
Miguel A. Elias 140 Juniper.
3zms Eome Address
2942 Harding Carlsbad, CA 92008
3zsiness Addrsss
729-7571 - 434-4577
Ztlephom Telephone Xunber
Wayne Vernon 1060-13Vale Terrace Vista, CA 92083
724-1342' -
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(Attach more sheets if necessary)
I/We declzze erder pezalty of Perjury that ths infomation contaiced in this dis-
closure is trco and correct and that it will remain true and correct arrd nay be.
reliec? upon as being true and correct until exended,
BY
Agent, Dls'net, Parfner .