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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. 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 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 > 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 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 .2 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? .2 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 .3 w 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)). .4 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 .5 w N /2oo 9Z008 L Oi= ., /-A TL /Is' X A/ic/c Z./Q /^ ME X TO -TI//S PLANM^G- TV J" 7" /4 A J 2 3/77? OF //i/ {AJOUL& "By We JV45 y/o -, X" /V/.'&T TO ,4 /^^A- My AJO-T TO /ILL-\*->m4 n A ' r /*% 3 ,</7* 'W' S/ ''7-( T r C/7-y MR-. r ~T~o To