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HomeMy WebLinkAboutV 345; 367 Jerez Court; Variance (V)APT-;CATION SUBMITTAL DATE: l3g DEC.ABER 9, 1982 DATE : TO : FROM: SUBJECT: I. STAFF REPORT January 26, 1983 Planning Commission Land Use Planning Office V-345 - 367 JEREZ COMPANY - Request to allow two above grade decks to be built to the rear property line of a condominium project on property located at 7506 Jerez Court, La Costa, in the RD-M zone. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2075 DENYING V-345 based on the findings contained therein. 11. PROJECT DESCRIPTION This applicant is requesting a variance to allow a reduction in the required rear yard setback from ten feet to zero feet in order to construct two above grade decks at a previously approved condominium project which will be located as described above. The proposed decks will be approximately eight feet above ground level. The RD-M zoning standards require a minimum rear yard of ten feet and do not allow for above grade decks to encroach more than two feet into this setback. The subject property is irregularly shaped and located directly above the La Costa Golf Course. Existing condominiums are located to the west and south of this project while the golf course is to the north and east of the site. 111. ANALYSIS Planning Issues 1) Can the four mandatory findings of a variance be found in this case which are as follows: a) Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other property in the vicinity? b) Do other properties in the vicinity share a similar right which is denied to this property? c) Will this variance adversely affect the comprehensive General Plan? d) Will this variance be detrimental to other properties in the vicinity? Discussion Staff cannot find facts to support the applicant's contentation that exceptional or extraordinary circumstances apply to this property to justify the variance. The applicant has stated that because of the irregular shape of the lot they were forced to design units that required above ground level decks in the rear yard. Staff disagrees with this assessment. This property could be developed with smaller units or a different design that did not require these decks to encroach into the rear yard setback. Staff feels that if this variance was approved, an undesirable precedent would be set (i.e., opening the door for encroachment variances for properties adjacent to open areas). On February 11, 1981, the Planning Commission denied a requested variance for a reduction of the side yard setback from 7.7 feet to 4.2 feet for a balcony on the irregularly shaped parcel immediately adjacent to this site. Based on this precedent, staff believes the applicant is not being denied a property right shared by others in the same vicinity and zone; therefore, the second finding cannot be made. 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 mandatory findings can be made, staff cannot support approval of this request. IV. ENVIRONMENTAL REVIEW This item is exempt from environmental review pursuant to Section 19.04.070 of the Carlsbad Municipal Code. ATTACHMENTS 1. P.C. Resolution No. 2075 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Reduced Exhibits 6. Exhibits "A" - "E" & "X", dated December 14, 1982 MH : kb 1/19/83 -2- Golf . . .. .- Course . ... . ._ .. .. .. .. .. . ..: .. . . _. . .. 1 CASE NO- v-345 -. .- ... . Av> VICINITY MAP b I P BACKGROUJYD DATA SHEET CASE NO: V-345 APPLICANT: 367 Jerez Company REQUEST AND IOCATION: Variance to allow two decks to be built to the rear property line of a mndaninium project at 7506 Jerez Court. LM;Ac DESCRIPTION: Lot 367 of La Costa South, Unit No. 5, accordins to Map 6600 filed March 10, 1970. APN: 216-290-11 Acres .38 proposed No. of mts/Units 6 GENERAL PLAN AND ZONING Land Use Designation IRH Density Allowed 20-30 Density Proposed 15.6 Existing Zone RD-M Prapsed Zone --- Surrounding Zoning and Land Use: Zoning Land use Site RD-M Vacant North P-C Golf Course South RD-M COdO East pc Golf Course West RD-M COdO PUBLIC FACILITIES School District San Dieguito and hcinitas Union Water Carlsbad Sewer kucadia EDU's 6 Public Facilities Fee Agreement, dated January 6, 1983 ENVI-L IMPACT ASSESSMEW Negative Declaration, issued E.I.R. Certified, dated Other, Exempt per Section 19.04.070(6)(D)(i) .. . AGENT: -. .. .. ... - .. I % JEREZ COURT \ 4 m I L REQUESTEDDECK 10' EXHIBIT -X v-345 367 JEREZ CO 12/9/82