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HomeMy WebLinkAbout2002-10-16; Planning Commission; Resolution 52591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5259 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A REAR AND SIDE YARD SETBACK AND REDUCTION IN BUILDING SEPARATION VARIANCE ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF TAMARACK AVENUE AND MARGARET WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TAMARACK MANOR VARIANCE CASE NO: V 01-03 WHEREAS, Jeffrey and Anastasia Schmoll, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lot 1 of Tamarack Manor, according to Map No. 4832, filed in the Office of the County Recorder on August 3, 1961, in the City of Carlsbad, County of San Diego, State of California ("the Property"); and WHEREAS, said application constitutes a request to reduce the required rear yard setback from 15.6 feet to 1.6 feet, reduce the required side yard setback from 7.8 feet to 3.0 feet, and reduce the required building separation from 10.0 feet to 3.0 feet; and WHEREAS, said verified application constitutes a request for a Variance as shown on Exhibits "A" - ltB'l dated August 7, 2002, on file in the Carlsbad Planning Department, TAMARACK MANOR VARIANCE - V 01-03 provided by Chapter 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of August, 2002, on the 18th day of September, 2002, on the 2nd day of October, 2002, and on the 16th day of October 2002 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission DENIES TAMARACK MANOR VARIANCE - V 01-03 based on the following findings and subject to the following conditions: FindinFs: 1. 2. 3. 4. 5. That special circumstances do not apply to the subject property in that the 7,693 square foot lot size and configuration are similar to the surrounding single family lots and exceeds the minimum 7,500 square foot lot size of the underlying zone; the site is flat and contains no slopes that might constrain the buildable proportion of the property; no easements or other encumbrances exist on the property; and the single family residential property is surrounded by other single family properties with the same One Family Residential (R-1) zoning designation. That the variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question in that there is adequate buildable area behind the existing single family home to accommodate the 630 square foot habitable space without the need to encroach into any required setbacks provided that the addition is attached to the main residence; and the surrounding properties do not contain non-permitted buildings with reduced setbacks. That the granting of such variance will 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, in that the proposed reduced rear yard of one (1) foot, seven (7) inches does not meet the minimum three (3) foot structural setback for Type V non-rated construction as required by the Uniform Building Code for fire safety; and the proposed three (3) foot building separation does not meet the minimum six (6) foot building separation for Type V non-rated construction as required by the Uniform Building Code for fire safety. That the granting of the variance will not adversely affect the comprehensive general plan in that there are no goals, policies, or objectives that directly relate to the proposed variance and no adverse impact on the general plan would result. That the variance is not subject to conditions which will assure that the adjustment(s) thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated, in that there are no other structures within three (3) or less feet of the respective property line on any of the neighboring properties, no other non- permitted buildings are separated by only three (3) feet in the area; and setbacks of three (3) feet or less are not allowed in any residential zones. PC RES0 NO. 5259 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \ I &~OQ* M~CHAEL J. HOBMILLER Planning Director PC RES0 NO. 5259 -3-