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Home My WebLink AboutV 348; Anderson; Variance (V)APPLICATION SUBMITTAL DATE: 11, 903 STAFF REPORT DATE : September 14, 1983 TO : Planning Commission FROM: Land Use Planning Office SUBJECT: V-348 - ANDERSON - Request for approval of a variance to reduce the required rear yard setback from 14' to 7' for a habitable accessory structure at 1264 Basswood Avenue on the north side of Basswood Avenue between Adams Street and Pine Avenue in the R-1-7500 zone. I. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2172, DENYING V-348, based on the findings contained therein. I1 . PROJECT DESCRIPTION & BACKGROUND The applicant is requesting approval of a variance to reduce the required rear yard setback from 14' to 7' for a habitable accessory structure on .24 acres, located as described above. The subject property is flat and slightly irregularly shaped. The accessory structure in question is existing. As a nonhabitable accessory structure, the building is conforming. A nondwelling accessory building may be built to the rear lot line and to the side property lines to the rear of the required side yards. As a habitable accessory structure, a guest house, the building would be nonconforming. Such a building must observe all required yards. The existing dwelling and accessory structure were constructed under a building permit issued to Frank Leone in August 1980. The application for the permit listed the proposed construction as a single-family house with attached garage and detached workshop. During construction a complaint was received by the City that the owner intended to use the detached workshop as a rental unit. Mr. Leone was advised by both the Building and Planning Departments that the accessory building could not be used for any other purpose other than that which was stipulated and permitted by his Building Permit, a detached workshop. (Please see letter attached dated February 26, 1981, from Tony Mata, Senior Building Inspector). A somewhat similar variance was granted to an ad joining panhandle lot by the City Council on appeal of a Planning Commission denial in January 1982. This variance permitted a reduction in the required front yard setback. The structure proposed under this variance remains unconstructed. However, a precedent has been set for this type of variance in the area. 111. ANALYSIS Planning Issues 1) Can the four mandatory findings, required for the approval of a variance, be made for each request specifically: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone. b) 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. c) 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. affect the comprehensive general plan. d) That the granting of such variance will not adversely Discuss ion Staff is unable to make the findings necessary for approval of the requested variance. First, Staff does not believe that there are exceptional or extraordinary circumstances or conditions applicable to this particular property that do not generally apply to other property in the same vicinity or zone. The -24 acre project site is not sufficiently irregular in shape nor limited in size to have restricted placement of the accessory structure. The fact that the accessory building is existing, does not constitute exceptional circumstances, in that the recently constructed building was clearly specified for a nonhabitable use. Staff further does not believe that the requested variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone. In a survey of the immediate area, Staff found no other guest houses which intruded into required yards. -2- Staff believes that the applicant is not being denied a substantial property right. The accessory building is conforming and may be fully utilized for the nonhabitable use for which it was constructed. The original owner was clearly advised that the workshop could not be converted to a dwelling unit. Minor modifications to the structure, however, could bring it into conformance as a habitable building. Staff does not believe that granting of such variance would be materially detrimental to the public welfare, injurious to the property or improvements in such vicinity and zone, nor adversely impact the comprehensive General Plan. Staff is, however, unable to make the other two findings required for approval of a variance. Overall, Staff believes that there are no exceptional or extraordinary circumstances or conditions applicable to the subject property that do not apply generally to other property in the same vicinity and zone; that such variance is not necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone; and that the applicant does enjoy the rights of full usage of the structure, as a nonhabitable building, as permitted by its original construction. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project is exempt from Environmental Review per Section 19.04.070 (5C) of the City of Carlsbad Environmental Ordinance. ATTACHMENTS 1) Planning Commission Resolution No. 2172 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Letter from Tony Mata, Senior Building Inspector, dated February 26, 1981 6) Reduced Site Plan CDN : ad 8/30/83 -3- . -. . . . . - . . . . . .. . . -_ -~ .. - -. LOCATIO MAP ELM AV W W 0 5 5 PINE AV c - V-348 BACKGROUND DATA SHEET CASE No: V-348 APPLICANT: ANDERSON Request for approval of a variance to reduce the REQUEST AND LOCATION: required rear yard setback from 14' to 7' for a habit- able accessory structure at 1264 Basswood Ave. on the north side of E3asswood Ave. between Adams St. and Pine Avenue. r approval of a variance to reduce the 2ar yard setback fr& 14' to 7' for a habit- able accessory structure at 1264 Basswood Ave. on the north side of E3asswood Ave. between Adams St. and Pine Avenue. LEGAL CESCRIPTION: Parcel 1 of Parcel Map No. 9641, filed in the office of the County Recorder on Jan. 29, 1980 as File No. 80-033063 APN: 205-052-28 Acres . 24 Proposed No. of Lotsflnits 1 GENERAL PLAN AM) ZONING Land Use Designation RLM Density Allowed 0-4 du/ac Density Proposed N/A Existing Zone R-1-7500 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site R-1-7500 SFR North R-1-7500 SFR South R-1-7500 SFR East R-1-7500 SFR West R-1-7500 SFR PUBLIC FACILITIES Carlsbad School District Unified Water City Sewer City EDU' s Public Facilities Fee Agreement, dated May 18, 1983 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Exempt - 19.04.070(5C) June 20, 1983 1200 ELM AVENUE CARLSBAD, CALlFORNlA 92ODB -"February 26, 1981 -MY. Frank Leone 26962 Marbella St. Mission Viejo, CA. 92691 Subject: 1264 Basswood Ave., Caklsbad, CA. Dear Sir: ~ As per inspection records, the accessory building at the rear of lot addressed - 1264 Basswood Avenue, shall not be used for any purpose other than what is stip- ulated and permitted by permit ## SO-273 of the Buillding Department, City of Car Is bad. 1. use - detached workshop .. Inspector Ci