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
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1/19/83
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CASE NO- v-345
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VICINITY MAP b
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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)
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JEREZ COURT
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4 m
I L
REQUESTEDDECK
10'
EXHIBIT -X
v-345 367 JEREZ CO
12/9/82