HomeMy WebLinkAbout1979-11-20; City Council; 6072; Appeal of Variance 294c
CITY OF CARLSBAD
" • ' Initial
AGENDA BILL NO: Ls> O 7 £ _ ' Dept. Hd.
DATE: __ November- ?nr i Q7Q _ • y* Y
Cty. Mgr.
DEPARTMENT: _ Planning _ __
SUBJECT: • . '
APPEAL OP VARIANCE 294 - . , .
APPLICANT: Nick La -Forte,
REFERENCE; AB fop?^ , CT 79-15/CP-18
Statement of the Matter
Along with applications for a condominium permit and tract map, the.
applicant requested a two part variance-. One portion of the variance
is for the reduciton of driveway setbacks from 10 feet to 1 foot. The
second part, was to permit a common water meter for a common solar
water heater. ' ' •
The setback variance is directly related to the viability of the
condominium permit. If the variance is denied the condominium permit
must also be denied. The Planning Commission recommended denial, of
the setback variance, but asked that this requirement be reviewed.
The common water meter variance is'important to the concept•of energy
.savings. The applicant has indicated that' a common system is superior
to seperate ;solar system. The Planning Commission was sympathetic
and felt it "should ba allowed, but could npt make the necessary fin-
dings for the variance. They also asked that this part of the regu-
lation be reviewed". • .'. " . •
Exhibits • •'•'-.'
Planning Commission Resolution No. 1558 . •
Staff Report, dated October 24, 1979, with Location Map
See attachment A, dated October 8, 1979, from CT -79-15/CP-18
• • Letter from Dave Abrams, dated November 3, 1979
Recommendation • -1 _ • *•
It is recommended that the City Council direct the City Attorney
to' prepare documents upholding the Planning Commission action as
per Planning Commission Resolution 1559.- •
It is also recommended that the City Council direct staff to
prepare an ordinance amendment to modify setback and water meters
for solar systems in the condominium.regulations.
. Council Action: . . . . .
* ' ' t
11-20-79 Council approved the variance.
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PLANNING COMMISSION RESOLUTION NO. 1558
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FROM
SECTIONS 21.47.130(1)(B) AND 21.47.130(11)(B) OF
THE CARLSBAD MUNICIPAL CODE FOR A SEVEN UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTER.
CASE NO.:
APPLICANT:
V-294
Courtyard Townhoraes
WHEREAS, a verified application for certain property, to
wit:
Lot 362 of La Costa South, Unit No. 5, in the
County of San Diego, according to Map thereof No.
6600, filed in the Office of the County Recorder
of San Diego County, March 10, 1970
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
i
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, this project has been processed through environmental
review and is exempt as stated in Section 19.04.090(c)(4) of the
Carlsbad Municipal Code which exempts minor use limitations; and
WHEREAS, the Planning Commission did, on October 24, 1979,
hold a duly noticed, public hearing 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 (V-294) and found the following facts and reasons to
exist:
Findings
1) There are no exceptional or extraordinary circumstances
or conditions applicable to the property or to the
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intended use that do not apply generally to the other
property or class of use in the same vicinity and zone.
a) The subject property is 90 feet wide and
175 feet long. Most surrounding lots have the
same general dimensions. Other condos will be
required to maintain the required setbacks. (Section
21.47.130(1)(B)).
b) The requested common hot water meter is required
by the type of heating system, and not by the cir-
cumstances on the property. (Section 21.47.130(11)(B)).
2) This 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. No other
properties in the vicinity or zone have been granted smch
a variance. All condominium development will be required
to maintain the 10' setback (Section 21.47.130(1)(B) and
to provide individual water meters (Section 21.47.130(11)(B))
WHEREAS, the Planning Commission, by the following vote,
denied V-294 without prejudice for .the reasons as set forth
above.
AYES:Schick, Rombotis, Marcus, Jose, Larson
NOES: None
ABSENT: None
NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing
recitations are true and correct.
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATT2ST:
JAEMS C. HAGAMAN, Secretary
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STAFF REPORT
DATE: October 24, 1979
TO: Planning Commission
FROM: Planning Department
RE: V-294
APPLICANT: Courtyard Townhomes
REQUEST: Variance on a Seven Unit Condominium from the
Following Sections:
1) Section 21.47.130(1)(B) requiring that
buildings be set back ten feet from the
private driveway.
2) Section 21.47.130(11)(B) requiring separate
hot water service for each unit.
BACKGROUND
Location and Description of Property
The subject property consists of .40 acre on the west side
of Jerez Court, north of Gibraltar. .The lot is relatively
level and abuts the La Costa Golf Course. Construction
has begun on the units; the foundations have been set up.
Existing Zoning
Subject Property: RDM
North: RDM
South: RDM
East: RDM ' •• •
West: P-C, RDM
Existing Land Use
Subject Property: Under construction
•North: Vacant, condos
South: Condos
East: Condos
West: Golf Course, condos
Environmental Impact Information
This project is exempt from environmental review as stated
in Section 19.04.090(c)(4), which exempts minor use limitations
General Plan Information
The General Plan designates this property as RH, Residential
High Density, 20-30 dwelling units per acre. This project
at 17.5 du/acre is consistent with .the General Plan.
Public Facilities
Sewer: This property will be serviced by the Leucadia County
Water District. Seven sewer units have been allocated
to this project.
Schools: If approved, school fees would be paid to both the
Encinitas and San Dieguito School Districts before the
final map is recorded. Building permits were issued
for this project before school fees were required.
Water: Water service will be provided by the Carlsbad Municipal
Water District.
On-Site and Adjacent Public Improvements: All necessary public
.improvements were required with the building permit.
Other Public Facilities: The City Council has determined that
they are not prepared to find that all other public facilities
necessary to serve this project will be available concurrent
with need. The Planning Commission may, by inclusion of an
appropriate condition, require that the project contribute to
the costs of such facilities according to City Council Policy
No. 17. Since the development would pay its appropriate share
of the public facility it would require, the Planning Commission
could be assured that the requirements of the Public Facilities
Element of the General Plan would be satisfied.
History and Related Cases
No applications for variances concerning common water meters
or setbacks have yet been processed. Two variances from the
parking requirements have been processed. However, neither
have any relevance to this project.
Major Planning Considerations
1) Is this variance necessary to preserve a property right
enjoyed by other properties in the same vicinity or zone?
2) Are the exceptional or extraordinary circumstances on
this property, which are not found on other properties
in the vicinity and zone which require this variance?
3) Will a single hot water meter provide energy savings?
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DISCUSSION
This is a request for a variance from two different sections of
the condominium ordinance. This project, which is currently
under construction as an apartment complex, is under consider-
ation for a condo permit and tentative map at the same time.
(CT 79-15/CP-18). The project meets all requirements of the
underlying zone.
The first part of the variance is from Section 21.47.130(1)(B),
which requires that, all buildings be set back 10 feet from a
private driveway. The other part concerns Section 21.47.130
(11)(B). This section requires separate water meters for
each unit.
Section 21.50.020 states that the sole purpose of a variance
is to prevent discrimination and shall not grant a special
privilege. The next Section, 21.50.030, contains four
findings which must be made before a variance can be granted.
These findings are also required by State Law (Government
Code Section 65906) .
(1) That there are exceptional or extraordinary cir-
stances 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;
(2) 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 which is
denied to the property in question.
(3) 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.
(4) That the granting of such variance will not
.adversely affect the comprehensive general plan (Ord. 9060,
Section 1802).
The applicant's justification for this variance is that the
proposed solar heating system requires a common hot water
meter. He states that this system will be beneficial to the
property owners in terms of energy savings, lowered gas
bills and tax benefits. The justifications given by the
applicant for the setback variance are that, given the existing
design, the 10 foot setback would reduce the living space and
that the lot has an unusual size and shape.
To approve this variance, it must be shown that there are
extraordinary circumstances on this property. These special
circumstances shall include the size and shape of the lot,
topography, location or surroundings. The subject property
is 90'x 175'. It has been graded and nearly all of the
property is level. The surrounding lots were originally
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90' wide, although some were consolidated for larger develop-
ments. This lot is not unique in the area or zone, since
the surrounding properties all have the same zone. If these
other properties desire to develop as condominiums, they
will also be required to meet the development standards.
The grading of the variance- shall not constitute a grant of
'special privileges inconsistent with the limitations on
other properties.
The other two requirements for granting a variance concern
affects the General Plan and on surrounding developments.
This request concern matters which will affect only the
residents. The General Plan will not be adversely affected.
The variance is a grant .of special consideration given to
the property, not to the owner. The need for the variance
from the setback requirement is a result of design, rather
than a result of some inherent problem with the property.
Similarly, the need for a common hot water meter results
from the type of proposed system. The proposed heating
system is a single system for the entire project, rather
than individual systems for each unit. This part of the
variance is not a question of solar heating vs. regular
heating, but a question of common solar heating vs. individual
solar heating. It is not the property that has created the
need for the variance, but rather the choice of design and
choice of solar heating systems.
The 10 foot setback from the driveways would be reduced
to one foot through this variance. The living area o£ the
units would therefore be only one foot from the traffic on
the driveway. This setback was disigned to provide privacy
and quiet for those units which must front on a private
drive. The separate water meters were required to allow
each owner to pay only his share. 'This requirement may
also induce energy/water savings by making each owner
responsible for his own bill and therefore for his own
water usage.
Re c ommerida t ion
Staff recommends DENIAL of V-294 based on the following
findings:
1) There'are no 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.
a) The subject property is 90 feet wide and
175 feet long. Most surrounding lots have
the same general dimensions. Other condos will
be required to maintain the required setbacks,
(Section 21.47.130(1)(B)).
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b) The requested common hot water meter is required
by the type of heating system, and not by the
circumstances on the property. (Section 21.47.130(11)(B)
2) This 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.
a) No other .properties in the vicinity or zone have
been granted such a variance. All condominium
developments will be requied to maintain the 10'
setback (Section 21.47.130(1)(B) and to provide
individual water meters (Section.21.47.130(11)(B).
Attachments
Exhibit A dated October 8, 1979
Location Map
KL:ar
10.18.79
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