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HomeMy WebLinkAboutV 329; Juniper Beach Ltd.; Variance (V) (9)DATE: TO: FROM: SUBJECT: STAFF REPORT November 18 ,. 198 1 Planning Commission Planning Department V-329---HIRSCHBERG - 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 "D"). 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 pub1 ic . 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 Planninq Commission adopt Resolution No. 1889 APPROVING V-329, based on-the findings contained therein. -2- A ATTACHMENTS Planninq Commission Resolution No. 1889 Location Map Staff Exhibit I'D" Background Data Sheet Disclosure Form Exhibits "A" - 'IC", dated October 23, 1981 PJK : ar 11/4/81 -3- 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . _. .- . .I .. I - . c .. .. ~. PLANNING COMMISSION RESOLUTION NO. 1889 A RESOLUTION OF THE PLANNING COMMISSION OF THE 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 eASE-NO: ---V-329-----...--.- ___ . .. CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARI- 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: /// /// /// 1 2 3 4 .5 6 7 E s XC 11 li 12 14 If 1C 1: 1E 1E 2( 21 2; 2: 21 2! 2t 2: 2l 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 Plannihg 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- "' . ... .. .. .... .. ... .. .. .- .. .... .. -. . .- .. .:. .'. ... .: .... - . . _. I :. .. .. .... .. , -. :. . , ...... - .. -. . ' . i' .. .. -. r. . I ...... .. ._ . .. ._. . , ' .. ..... .. ~ __.._ .- . .. .. - '. '. -_ . '2. r. .-.- . . .f -. .. .. -. .. -_ . . .. .. *. .- ... . .. -. .4 .. .* . '. . . ,- .. .. d'. . ' .... .. .... .. .- ... ... ... : . . .. .I. .. .. *.. * ' .. .... . '._ f .. .- . '. -. .. .. .. - . .*. .. .:. .. *.. _. -. a. .. . . I. .. ... -- . ................ .... ~. .. ... . - **.: - .I. . .... . ': .. .. .. i . .. ,. . - -. .. , .-_ ... .. .- :.. , - ..... .. , -. c ' mmm: Hirschberg .. from REQUEST AND IKATIO??: Variance to reduce the si-k nff a 5' to one foot f North side of Juniper bet. Carl- and Garf iPld St. I;EGALD=IO~~: Lot M in Block 2 of Palisades Heiqhts accordins to Map 1 ' ,1777 filed'January 11, 1924. No. of L&s 1 . AmeS -1436 .. .. .. .. Gqeral Plan Land Use Designation R-H Msity Allowed 20-30 Density Proposed NA Existing Zone R- 3 Proposed Zone NA ' surrounding zoning ar!d Land Use: :_ .. '. .. "O&h R-3 south R-3 Multi-family Res. East R-3 Sinsle family Res. West R-3 Multi-family Res , ' .. .. .. *' .. e. .. . . I. ... . PUBLIC FACILI'I'IES .. . ',~ . . . . .. .. .. . school District .. . '. . Water District Carlsbad Sewer District Carlsbad Ncqai5vc Declaration, issued fag No. . E. I. R. Cer.tificd, dated Other, Exempt per Section 19.04.070 (f)' (4a) CMC .I ,. Jftgr the infornation YOU have submitted has been revievdd, it is d=te-r;nine ,fiat further infonnatio required, you will be so ad E - APPLICAST : Juniper Beach LTD. Name (individual, partnership, joint venture, corpration, syndication} .. 2942 Harding Street I 'Carlsbad, .CA 92008 434-4576 .. Business Address ... .. -. .. ... Telephone Number I AGSNT: .. .. .: .. .. - -. ..... .I ... . . Name .- .. -. .- . -. .. .. - ... ... .. - .... ...... ....... -. . .. .. -. .:. . ...... .. ... . - : ..' . i. .... Telephone Number. .. .. . .'. . .a . . .... EIame s(individuz1, partner, joint. Eonre 2-r=ss ... .. ' . venture, corr)orationr syndication) .. - .. .. ., .:. % ... ._ -- I : 2942 Harding Street Carlsbad, CA 92008 ., ... .. ... .... .- .. .? - ~isinsss Ad&ress .. .. - .. .. .. 434-4577 .. .. . '434-4576 Tele2hone N9s;nSer Telephone Xurnber .< .... 140' Juniper. - .. .. "iguel A. Elias . ?izm? Eone Asdress *. 2942 Hardim Carlsbad, CA 92008 . -_ Exsiness A&rsss ... 434-4577 %elep';lane Xmber 729-7531 - .. Feie$ume p3c;lje.r .- ... .- . :. .. .... .. .. .. .. - .. .. -.. .. .. 1060-13Vale Terrace Vista, CA 92083 Wayne Vernan - .. . . 724-1342. .- _. .. .. .. ._ :. .. (Attach more sheets if necessary) -. . .... I/We dc.d;.-e wder pzalty of perjury that t3e infomation contaizad in this dis- closure is trice and correct and that it will remain true and correct ard nay be' relied upon as bzing true and correct until exended. \ W BY .. Agent, @.mer, Parcnqr ' STAFF REPORT DATE : November 18, 1981 TO : Planning Commission FROM : Planning Department SUBJECT: v-329, HIRSCHBERG - 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. DISCUSSION Subsequent to the public noticing of this item, the applicant requested a one month continuance. The applicant would like this time to work out the issue of land dedication for a public alley with adjacent property owners. RECOMMENDATION It is recommended that the Planning Commission CONTINUE this item to its meeting of December 23, 1981. ATTACHMENTS Location Map Letter from applicant requesting continuance. BH:ar €"NING DEPARTMENT CITY OF cARLSBAD 1200 Elm Ave. Carlsbad, CA 92008 November 9, 1981 Dear Plannix Department Staff: This letter is to formally request that our request for a Variance Case No. V-329 be taken off the Asenda for the Planning Conmission meeting of November 17, 1981. We request this continuance until the December meting, until we resolve a problem about the dedication of the Alley adjacent to our property. Thank you for your attention to this matter. .iiai&x&rqf L.- '\ Juniper Beach kyrr+ded.