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Home My WebLink AboutV 336; Kenneth Raymond; Variance (V)Amlication Submittal Date: STAFF REPORT DATE : May 26, 1982 TO : Planning Commission FROM : Planning Department SUBJECT: V-336, RAYMOND - Request for a variance from the zoning ordinance to increase the height of a stucco wall in the front yard setback from 42" to 72" on property located on the northeast side of Levante Street and addressed as 2854 Levante Street in the PC zone. I. PROJECT DESCRIPTION The applicant is requesting a variance of Section 21.46.130 of the zoning ordinance to increase the height of a stucco wall from 42" to 72" thereby creating a courtyard in the front yard setback as shown on Exhibit "A". 11. ANALYSIS Plannina 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 circum- tances 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 prop- erty right possessed by other property in the same vicinity and zone? I c) Will the granting of this variance be detrimental to the public welfare? d) Will the granting of this variance adversely affect the General Plan? 111. Discussion The applicant is requesting approval of a variance which would allow construction of a six foot walb, 10' into 'the front yard. setback. Section 21.46.130 of the zoning ordinance prohibits fences and walls over 42" in any required front setback. The main issue of this project is whether the applicant's request meets the necessary findings for a variance. The municipal code states that exceptional or extraordinary circumstances must exist that do not generally apply to other properties in the same vicinity and zone. The applicant feels that the subject property is extraordinary because his residence is built 20 feet from the property line, whereas the some neighboring homes are set back 35' to 45' feet. This increased setback allows those homes to have moderately sized courtyards in their front yards, but still retain the required 20' front yard setback. Staff does not believe that since the property owner has less space between the front yard setback and his house than other property owners that this is an exceptional circumstance. The applicant's front yard setback meets city codes and the space between the front yard setback and the house is similar to many other houses in the neighborhood and throughout the city. A Fecond issue is whether the applicant is being denied a sub- stantial property right enjoyed by other property owners in the vicinity. As mentioned the applicant indicates that there are many other courtyards in the area and he would be denied the same property right. Staff made a field check of the vicinity and found that there is only one other home in the vicinity which has built a six foot fence in the front yard setback located at 3020 Levante Avenue. Staff has found out that this fence was built illegally without a building permit or variance and staff does ' not feel it establishes a precedent. Staff is in the process of notifying this property owner to correct this zoning violation. Given this si,tuation, staff cannot make the finding that this property owner is being denied a property right shared by others in the same vicinity and zone. In summary, staff feels that the applicant's request does not meet two of the required findings for a variance and, therefore, staff cannot recommend approval of this project. IV . ENVIRONMENTAL REV1 EW This project is exempt from environmental review per Section 19.04.070(f)(4)(a) of the Environmental Protection Ordinance. V. RECOMMENDATION It is recommended that the Planning Commission Adopt Resolution No. 1961, Denying V-336, based on the findings contained there in. ATTACHMENTS 1. PC Resolution No. 1961 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibit "A", dated AML : ar 5/18/82 -2- BACKGROUND DATA SHEET CASE NO: V-336 APPLICANT: -, - REQUEST AND LOCXTION: 2854 Levante Street Increase fence height from 42" to 60" in. front yard setback LEGAL, DESCRIPTION: Ut 275, La Costa South Unit No. 4 APN: 216 - 230 - 09 Acres 122 ac. proposed NO. of Lots/Units -0- GENEmLl PLAN AND ZONING Land Use Designat ion RrM Density Allowed 1 SFD Density Proposed N/A Existing Zone R-1-7500 Proposed Zone N/A Surrounding Zoning and Use: Zoning Land Use Site R-1 RLM North R-1 RLM South R-1 RLM East R-1 RLM I West R-1 FUM PUBLIC FACILITIES San Dieguito/ School District Encinitas Water Olivenhain Sewer Leucadia Ew's 1 Public Facilities Fee Agreement, dated N/A ENVI-AL IMPACT AssESsm Exempt Negative Declaration, issued E.I.R. Certified, dated Other, I ..OF. . .. I< €.N .. ZSPLIWT : ,c- OJdETH rJ ... pjme (individual, partnership, -joint venture, cor--ration, syndication) c 9%-2- - /o 2-53 {GL7 - 4L* ) Telephone Number -. AGENT E .. .. 3usiness Address - .. .. \ - -- (Attach more sheets if necessary) '- I/W dsclz? uzder penalty of perjury that the inforcation contair.ed in this dis- closure is t-co and CDZreCt and that it Will remain true ar?d correct and nay be' relied upon a3 being true and correct until anended, -. .. .. .. -.. ..-._ . . . , , . .. .. .. - . .-,. ~ ..... ~. "... . ,. ... .,. .. I .... ~ ., . , . .. __~.. . . . .. . - .. - _~_, . _-. .. - . LOCATION MAP .-.-.-.. ~ . .. . CASE NQ. v-336 APPLICANT- 34*qMDND 28% LEV- WIVE VICINITY MAP MEMORANDUM DATE : TO : Engineering, Fire Department, Building, and Parks and Recreation FROM : Planning Department SUBJECT: Request for Review and Comment on Application No. U-3+36 L Proposal low -1 4 Project Planner This item has been for the Planning Commission meeting of . Please review and submit written comnents and/or conditions to the Planning Department by 7/* . If not received by that date, it will be assumed that you have no comment and that the proposal has your endorsement as sub- mitted. Thank you. ATTACHMENTS Location Map Project map or plans (if any) MH: jt