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Home My WebLink AboutV 357; Native Sun; Variance (V)1 STAFF REPORT DATE : May 23, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: V-357 - NATIVE SUN - Request for a variance from the Zoning Ordinance to allow the construction of a six foot high wall within the front yard setback on property located on the north side of Ocean Avenue between Mountain View Drive and Pacific Avenue. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2298 DENYING V-357 based on the findings contained therein. I1 . PROJECT DESCRIPTION The applicant is requesting a variance to Section 21.46.130 of the Zoning Ordinance to allow the construction of a six foot masonry wall in the front yard setback. The wall would run approximately along the front property line of the subject property. The applicant is proposing the wall at the requested height to keep in line with the security concept of the project. I11 . ANALYSIS Planning Issues 1) Can the four mandatory findings for a variance be made this case which are as follows: Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply to other property in the same vicinity and zone? Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? Will the granting of this variance be detrimental to the public health and welfare? Will the granting of this variance adversely affect the General Plan? Discussion The applicant is requesting approval of a variance which would allow construction of a six foot masonry wall approximately along the front property line. The Zoning Ordinance prohibits fences and walls over 42 inches in height within the front yard setback. Before the request is granted it must meet the necessary findings for a variance. Staff cannot make two of the four findings. First, there are no unusual circumstances that exist on this property that do not generally apply to other properties in the same vicinity. The applicant feels that since the subject property takes access through a private drive, the geometric layout lends itself to being a private community within itself. Staff does not agree. The project does not take access through a private drive, rather it takes access through a driveway as do other projects in the vicinity. Also, the topography of the project is relatively the same as the apartment projects to the east and the single family residences to the south. Thus, staff feels no unusual circumstances exist on the site, that do not exist in the vicinity. A second issue is whether the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. The applicant states that properties to the south have walls over 42 inches high within the front yard setback. Staff made a field check of the vicinity and found only two homes in the vicinity had walls over 42 inches in height. Only one of these , the wall located at 2445 Ocean Street, runs along the front property line. Staff has found that this wall was built illegally without a building permit or variance. Illegal construction does not establish a precendent. Staff is in the process of notifying this property owner to correct this zoning violation. Overall, staff feels it cannot make the necessary findings for a variance and therefore, recommends denial of V-357. IV. ENVIRONMENTAL REVIEW The project is exempt from environmental review per Section 19.04.070(F)(4)(A) of the Environmental Protection Ordinance. ATTACHMENTS 1) Planning Commission Resolution No. 2298 2) Location Map 3) Background Data Sheet 4) Variance Supplemental Sheet 5) Disclosure Statement EVR: bw 5/8/84 -2- -~ L NATIVE SUN I v-357 BACKGROUND MTA SHEET CASE No: V-357 APPLICANT: Native Sun REQUEST AND LOCATION: Allow 6' high masonry wall within front yard setback on the north side of Ocean Avenue between Mountain View Drive and Pacific Avenue. DESCRIF"ION: All that portion of Lot 2 and a portion of Lot 3 in Section 1, Tbwnship 12 South, Rang e 3 West, San Bernardino Base Meridian according to Official Plat Map filed in the County of San Diego. APN: 203-01-14 Acres 7.40 Proposed No. of Lots/Units N/A GEEJERAL PLAN AND ZONING Land Use Designat ion RM-H Density Allowed 10-20 du/ac Density Proposed N/A Existing Zone R-3 PrapOSed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site R-3 Vacant North R-A South R-3 SFR East R-3 West OS Apartment Pacific Ocean PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated N/A EWIEEoNMEwTAc IMPAC" ASSESSMENT - Negative Declaration, issued E.I.R. Certified, dated - Other, Exempt per Section 19.04.070(F)(4)(A) Gross Pcres (or square footage, if less than acre) me R-3 General Plaii Land Use Designation 6.544 Residential-Medium High Density By law a Variance may be approved cnly if certain facts are fmd to exist. Please read thse requirmts carefully and explain how tk proposed project meets each of these facts. Use additicnal sheets if necessary. a) ~xplain wty tke are exceptimal or extraordinary circmces or conditians applicable to th= property or to fhe intmded use that do not apply generally to the otkr prqprty or class of use in tk +me vicinity and zme: This is a development of 14 condominiums which take accesycemq d PU- roadway. Thus, the geometric layout lends itselt t o Deinq a private community within itself. b) Explain why such variance is necessary for the preservatim md =joyment of a substantial property right possessed by oth=r property in tl-e same viciiity an5 zae but w'hich is denied to tl-e prOpLrty k-r a im: Adjacent properties to the west have 5.5' privacy wal Ye- s alonq their front riqht-of-way lines. Other homes in tne area encroach within the required setbacks from street K.U.IY. Our variance is not even for encroachment, but tor a helubtt7 allowance of 30". c) ~qlain ww the granting of such variancd will not be materially Setrimental to tb public welfare or injurious to the pro,certy or hprovments in such vicinity and me in which th proErtv is located The variance will in-no way naturally be-defrimkntal to the nublic - Tlie Dublic will still have all benetits it nacl prior L L - to issuance of the variance. The properties in the area wlll nnt he lliniiir~dll hv such variance. because it will not imii __-- L - --_,I___. ._, -- & them in any way from the benefits they enjoy on their own prop- d) corpreMsive general p3.~: Explah vhlp the granting of such variance will not adversely affect t'm The variance is more for a landscape/sec- which is a d ensitv. u nit tvr, e (detached, attached units, etc.) - urity measure which would not adversely dim -n - Dermitted use (commercial, recreation, residential, etc.) APPLICANT: NATIVE SUN INVESTMENT GROUP Nane (individual, Dartner shi~, joint venture, cor-=ration, syndicatioa) 0110 Escondido Avenue, Suite 103, Vista, CA 92083 Business Address AGENT : 941-1155 Telephone Number Robert 0. Sukup Name .~ - same Business Address .. .. . .. -. Telephone Number . .. . .. . FENBERS: Mi-. Mahonev Ellme e( individual, partner, joint . Home Address venture, coqozation, syndication) same Business Address same Telephone Nuaber Telephone Xumber John R. Lyttle ?k!!S Borne k=ldress same -.. D&siness Aiidress same Ttiep'nom N&er Telephone Xunber (Attach more sheets if necessary) I/We dec1zze ucder penalty of perjury that the infomation contaized in this dis- closure is tno and correct and that it will remain true and correct and nay be' relic2 upon as being true and correct until aaended. ..