Loading...
HomeMy WebLinkAbout1981-11-17; City Council; 6816; Corso setback denial appealV-326, CORSO - APPEAL OF PLANNING COMMISSION DECISION TO DENY A TITLE: 4B# 6916 MTG, 11/17/81 SETBACK VARIANCE. DEPT. pL I DEPT. HD.m CITY A TTAEb CITY MOW= I\ RECOMMENDED ACTION: It is recommended that the City Council DENY the appeal of the Planning Commission decision to DENY V-326. ITEM EXPLANATION This item is an appeal of a Planning Commission decision to deny a Variance of the Zoning Ordinance. The specific variance re- quested is a reduction of the sideyard setback from 20’ to 8’ on property located at 1300 Basswood Avenue. The applicant’s intent is to build a garage with second story living space. The Planning Commission denied the request because it could not make all four of the mandatory findings for a variance. Specifi- cally, the Commission could not find any exceptional or extraor- dinary circumstances related to this site since there are several alternate locations on the site to place the garage without the need for a variance. Also, no other properties in the vicinity have a reduced sideyard setback, thus, the applicant is not being denied a property right shared by others in this area. Since the mandatory findings for a variance cannot be made and since there are other suitable locations on the site to place the garage without the need for a variance, staff is recommending that the City Council deny this appeal. ENVIRONMENTAL REV1 EW The Planning Director has determined that this application is categorically EXEMPT from environmental review pursuant to Sec- tion 19.04.070-0(4)(A) of the Environmental Ordinance. FISCAL IMPACT NONE EXHIBITS A. PC Resolution No. 1875 B. Staff Report, dated October 14, 1981, w/attachments I 4 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 COMMISISON RESOLUTION NO. 1875 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 20' TO 8' ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASSWOOD BETWEEN EUREKA STREET AND ADAMS STREET. APPLICANT : CORSO CASE NO: V-326 d WHEREAS, a verified application for certain property, I' ' to wit: Parcel 2 of Parcel Map 9389 being of Lots 13 and 14 of Patterson's Addition according to Map 565, filed September 22, 1888 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th day of October, 1981, hold a duly noticed public hearing as prescribed by law to considhr 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 V-326.. NOW, THEREFOREE, BE IT HEREBY RESOLVED by the Planning b Commisison of'the city of Carlsbad as follows: A) That the foregoing recitations are true and correct. B ) That based on the evidence presented at the public hearing, the Commission DENIES V-326, based on the following findings: //// //// . EXHIBIT A a 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 Find ing s : That there are no exceptional or extraordinary circumstances applicable to this property that do not apply geneally to other properties in the same vicinity and zone. The property is relatively flat and standard in size. That the subject property is not being denied a substantial property right possessed by other properties in the same vicinity as there are no structures located within the front or side yard setbacks on other properties and there are other locations on the lot where the buildings could be constructed which would not require a variance. The reduction of the front yard setback would set an undesirable precedent since no other lots in the vicinity and zone have such a reduction of setbacks. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 14th day of October, 1981, by the following vote, to wit: AYES: NOES : . ABSENT : ABSTAIN : ___.. . ~. RY m, Chairman CARLSBAD PLANNING COMMISSION ATTEST: 3AMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RES0 #1875 . -2- STAFF REPORT DATE: October 14, 1981 TO: P1 anning Commission FROM : P1 anning Department SUBJECT: V-326, CORSO - Request for a Variance of the Zoning ' Ordinance to reduce the front yard setback from 20' to 8' on property located on the north side of Basswood Avenue between Eureka Street and Adams Street and addressed as 1300 Basswood Avenue. 8 I PROJECT DESCRIPTION The applicant is requesting a Variance of Section 21.10 .O 30 of the Zoning Ordinance to reduce the required front yard setback from 20' to 8'. The intent of the applicant is to construct a garage with a second story guest house on the property. The proposed location of the structure would require a reduction of the front yard setback to 8', therefore requiring a variance. 11. ANALYSIS Planning Issues 1) Can the four mandatory findings for a variance be made in this case? Specifically: a) Are there exception+ or extr,aordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone? b) Is.the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone? c) Will the granting of this variance be detrimental or injurious to the public's healtq and welfare? Will the granting of this variance adversely affect the General Plan? d) I11 DISCUSSION The main issue with this request is whether the proposed placement of the structure, in relation to the lot, constitutes .exceptional or extraordinary circumstances applicable to this property that do not apply to other properties in the vicinity. A field check of the site revealed that the subject property is relatively flat and slopes slightly from east to west. EXHIBIT B d The applicant has indicated that the location of the existing house and a recent lot split of the property has made the construction of a building difficult without intruding into the front setback. The applicant has looked at other alternatives and believes the proposed loeation is the most suitable to meet his needs. As noted, the lot is relatively flat and there are other locations on the lot where the building could be constructed which would not require a variance. Being so, staff cannot make the required finding that exceptional or extraordinary conditions exist on this property that do not apply to other properties in the vicinity. A second issue is whether the epplicant is being denied a property right possessed by other properties in the vicinity. No other properties in the vicinity have existing structures which are located within the front or side yard setbacks. Staff feels therefore, that this property is not being denied a substantial property right shared by other properties in the same vicinity and zone. While the granting of this variance would not affect the General Plan, it may be detrimental to the public welfare,.because of the undesirable precedent that would be set in this vicinity. In summary, staff feels that the request does not meet the four required findings for a variance and, therefore, cannot recommend approval of this project. I IV ENVIRONMENTAL REV1 Ew This project is exempt from environmental review per Section 19.04.070(F)(4)(A) of the Environmental Ordinance. V RECOMMENDATI ON It is recommended that the Planning Commission ADOPT Resolution No. 1875, DENYING V-326, based on the findings contained therein. ATTACHMENTS 1) PC Resolution No. 1875 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Exhibit "B", dated September 17, 1981 -1 ER:ar 9/30/81 .. :. - ' ._ BASSWOOD .. . , -. .. .. 1300 BASSWOOD CASK NO- A P P L 1 C A N TCQWSO VICINITY MAP b Exhibit - B 7 e- .- k REQUESTN\JD UCATION: Variance to encroach 12 feet into the 20' front yard set-back. LJXXL DFSCRIPTION: Parcel 2 of Parcel Map 9389, being of Lots 13 & 14 of Patterson's addition according to Map 565, filed September 22, 1888. Assessors Parcel Mnnber: 205 - 052 - 27 Acres 10,605 sq.4&.. of Lots 1 General Plan Land Use Designation RuJl . Density Proposed N/A Density Allowed - Proposed Zone' N/A Existi.ng Zone - Surrounding Zoning and Land Use: Land use P North SFR SER L East SFR SFR .. West - PURLIC FACILITlES school District Car lsbad Water District Carlsbad .. . her District Carlsbad Em's Public Facil-ities Fee Agreement, dated August 27,, 1981 (Other: j ENVI~~AL IMPACT XSESS~~~ Negative Declaration, issued Log No. E.I.R. Certified, dated $ ' Other, Exempt per section 1g.04.070*(F) (4) (A) 8 c .? ,< rf after the informatio ttb- i. further infomatic YOU have submitted has been rev gwed, it is determined 5 required, you will be so ad zd, APPLICANT : AGENT : . ._ MEMBERS: corporation, syndication) 200 r q3 q- 3cJrd7- Telephone Number I Name I Business Address Telephone Number Name ,(individual, partner, joint Home Address venture, corporation, syndication) Business Address - Telephone Number Telephane Mumber X&ne Uome Address Bisiness Address Telephone Nuiier Telephone Xder (Attach more sheets if neaessaryl I/We declare under penalty of perjury that the information contained in this dis- closure js true and correct and that it will remain true and correct and may be' relied upon as being true and corrsct until amended. . b. BY I_ Agent, Obmer, Partner City of Carlshad Carlshad City Council Carlsbad, Ca. 92008 1200 ElRt Ave. RE: APPEAL V-326 L. $ APPELLLWT : COliSO ,<" PUBLISH : November 23, 1981. November 25, 1981 Please read into the record that we, Theodore R. & Bernardine M. S:2JAtlT%, owners at 1252 BASSWOOD AVE, Car lsbad, Ca. do agree with the Planning Commissions' decision, of denial. NOTICE OF PUBLIC HEARING CORRECTION APPEAL V-326 NOTICE IS HEREBY GIVEN that the Public Hearing advertised for the City Cauncil meeting of Tuesday, December 1, 1981, at 6:OO P.M. regarding the appeal of a Planning Commission denial of a variance to reduce the front yard setback should reflect a setback of from 20 feet to 8 feet rather than 20 feet to 10 feet as previously advertised. APPELLANT: Corso PUBLISH : November 23, 1981 CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING APPEAL V-326 NOTICE IS HEREBY GIVEN that the City Council of the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, December 1, 1981, to consider an appeal of a Planning Comission denial of a variance to reduce the front yard setback from 20 feet to 10 feet on property generally located on the north side of Basswood between Eureka Street and Adams Street and more particularly deskribed as: Parcel 2 of Parcel Map 9389 being of lots 13 and 14 of Patterson's Addition, according to $.lap 565, filed September 22, 1888. APPELLANT: Corso PUBLISH: November 21, 1981 CARLSBAD CITY COUNCIL #! : .. ... .. .. .. .. BASSWOOD AVE . ' .- ,7=-1 .. sp ' I/:- +:.. .. .. . .. . _. v1 _. . . -* .. i ... . . .. .- . . .. . .. -. .. .. . .. .. 1302 Pine Avenue Carlsbad, Ca. 92008 Williams, Carl & Ruth 1117 Lorna Vista Way Vista, Ca. 92083 -- I Kratcoski, Joseph P., Jr. Arango, Guadalupe 1328 Pine Avenue Carlsbad, Ca. 92008 Holmes, Gerald & Dorothy 1344 Pine Ave. Carlsbad, Ca. 92008 Harklns, William & Mary 1366 Pine Ave. Carlsbad, Ca. 92008 Blttle, Edith 3225 McKinley St. Carlsbad, Ca. 92008 Thordarson , Snoka L365 Pine Ave. Carlsbad, Ca. 92008 Conklin, Leslie & Barbara 1363 Pine Avc. Carlsbad, Ca. 92008 iieard, Jeff erson & Evelyn 1306 Basswood Avenue Zarlsbad, Ca. 92008 3ollywood. Walter P. 5516 Halifax kcadia, Ca. 91006 Swartz, Theodore R. & alle Co - Robles, Jesus & &stela M. - Hernandez, Richard T. 1230 Basswood Avenue Caxfisbad, Ca. 92008 C-rlsbad, Ga. 92008 3301 McKinley St. - i Burnette, Ralph & Lana M. 3315 McKinley St. Carlsbad, Ca. 92008 I. BoUcher, LeoPold Laura Ogden, Robert J. & Diane J 1235 Pine krcnue Calrsbad, Ca. 92008 Carlsbad, Ca. 92008 1308 Basswood Avenue I I- Hargett, Cullen lk Elizabeth Corso, Joseph J. & Joyce 1301 Pine Avenue 1300 Basswood Avenue CRrlsbad, Ca. 92008 Csrlsbad, Ca. 92008 Jobe, Dennis L. & Joyce M. 1307 Pine Avenue Carlsbad, Ca. 92008 Ladner, Milbert L. 1315 Pine Avenue Carlsbad, Ca. 92008 Goissinger, Elton L. 2268 Spruce Street Carlsbad, Ca. 92008 Crehan, John & Leada 3235 McKinley Street Carlsbad, Ca. 92008 .. . Salomone, William & 3245 McKinley dt. Carlsbad, Ca. 92008 Rosemary 205 052 20 Leone, Frank J. & May C. 26962 Marbella St. Mission Viejo, Ca. 92691 -. Burton, Rita 4255 Raquel Drive Oceanside, Ca. 92054 zog 052 29 Jordan, Rodman & Au3rey M 3337 Adams Street Carlsbad, CFL. 92008 Jones, John & Marqutrita 3327 Adams Street Carlsbad, Ca. 92008 Krepps, Harry & Dorothy T. 3305 Adams Street Carlsbad, Ca. 92008 Maioroff, Roger & Eunice A. Fries, Gilbert W. 3255 McKinley Street 2151 Catalina Avenue Carlsbad, Ca. 92008 Vista, Cu. 92083 Lucero, Jesus B. & JO Ann Binder, James K. 3265 McKln1c.y Street 1251 Basswood Avenue Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Gerum, Gustav & Elizabe':.. 920943 Truba Ave. South Gate, Ca. 90280 I McClaughry, Michael & 1245 Basswood Avenue Carlsbad, Ca. 92008 Donna 3urns, Elmo & Vcstena N. 3330 Adam Street Zarlsbad, CR. 92008 I Javarro, Paul R. & Carol Lo L315 Basswood Avenue Zarlsbad, Ca. 92008 ?rem0 Lawrence ,& Barbara 1335. Basswood Avenue Zarlsbad, Ca. 92008 -- leisler, Olive B. 3340 Adams Street zarl sbad , Ca . ?aterson, Edward & Dorothy 1746 Sorrel Court >arlsbad, Ca. 92008 l'remmel, Robert & Barbara 3415 Woodland Way =arlsbad, Ca. 92008 Smith, Sidney M. & Frances 3405 Woodland day Zarlsbad, Ca. 92008 3ice, Charles H. & Sally Go' 2arlsbad, Ca. 92008 3403 Woodland Way I I -. .