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Home My WebLink About1982-07-06; City Council; 7084; Raymond denial appeal2 a =! 0 2 3 0 0 0 E hB#- 7/6/82 MTG. CIT TITLE: V-336 - RAYMOND - APPEAL OF A PLANNING COMMISSION DENIAL OF A 3F CARLSBAD AGENDA. BILL L. VARIANCE. DEPT. pL I CITY AlTYL CITY MG~+~E-- d- RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that the City Council uphold the Planning Commission's decision DENYING V-336. ITEM EXPLANATION This item is an appeal by the applicant of a Planning Commission decision denying a variance of Section 21.46.130 of the Zoning Ordinance. The variance was requested in order to allow the applicant to construct a six foot wall, 10 feet into the front yard setback thereby creating a courtyard. Section 21.46.130 prohibits fences and walls over 42 inches in any required front setback. The Planning Commission denied the project because it could not make all the four mandatory findings required for approval of a variance. Specifically, the Commission could not find exceptional or extraordinary circumstances applicable to the property since the space between the applicant's front yard setback and his house is similar to many other houses in the neighborhood and throughout the city. Also, the Commission felt that the applicant was not being denied a property right possessed by others in the vicinity since no other properties in the neighborhood have been permitted the right to build a six foot fence on the front yard setback. ENVIRONMENTAL REVIEW This application is categorically exempt from environmental review according to Section 19.04.070(b)(D) of the city of Carlsbad Environmental Ordinance. FISCAL IMPACT Approval or denial of this project would not create any fiscal impacts to the city. EXHIBITS A. PC Resolution No. 1961 B. Staff Report, dated May 26, 1982 w/attachments Applicatior-qubmittal Date: April 6, 11 STAFF REPORT DATE : May 26, 1982 TO : Planning Commission FROM: Planning Department SUSJECT: V-336, RAYMOND - Request for a variance from the zoning ordinance to increase the height of a stucco wall in the front yard setback from 42" to 72" on property located on the northeast side oE Levante Street and addressed as 2854 Levante Street in the PC zone. I. PROJECT DESCRIPTION The applicant is requesting a variance of Section 21.46.130 of the zoning ordinance to increase the height of a stucco wall from 42" to 72" thereby creating a courtyard in the front yard setback as shown on Exhibit "A". 11. ANALYSIS 1x1. -___- Planning Issues 1. Can the four mandatory findings for a variance be made in this case which are as follows: a) Are there exceptional or extraordinary circum- tances or conditions applicable to the property that: do not apply generally to other property in the same vicinity and zone? 5) Is the granting of this variance necessary for the Preservation and enjoyment of a substantial prop- erty right possessed by other property in the same vicinity and zone? c) Will the granting of this variance be detrimental to the public welfare? d) Will the granting of this variance adversely afEect the General Plan? The applicant is requesting approval of a variance which would allow construction of a six foot wall, 10' into the front yard setback. Section 21.46.130 of the zoning ordinance prohibits fences and walls over 42" in any required front setback. The main issue of this project is whether the applicant's request meets the necessary findings for a variance. The municipal code states that exceptional or extraordinary circumstances must L exist that do not generally apply to other properties in the same vicinity and zone. The applicant feels that the subject property is extraordinary because his residence is built 20 feet from the property line, whereas the some neighboring homes are set back 35' to 45' feet. This increased setback allows those homes to have moderately sized courtyards in their front yards, but still retain the required 20' front yard setback. Staff does not believe that since the property owner has less space between the front yard setback and his house than other property owners that this is an exceptional circumstance. The applicant's front yard setback meets city codes and the space between the front yard setback and the house is similar to many other houses in the neighborhood and throughout the city. A second issue is whether the applicant is being denied a sub- stantial property right enjoyed by other property owners in the vicinity. As mentioned the applicant indicates that there are many other courtyards in the area and he would be denied the same property right. Staff made a field check of the vicinity and found that there is only one other home in the vicinity which has built a six foot fence in the front yard setback located at 3020 Levante Avenue. Staff has found out that this fence was built illegally without a building permit or variance and staEf does not feel it establishes a precedent. Staff is in the process of notifying this property owner to correct this zoning violation. Given this situation, staff cannot make the finding that this property owner is being denied a property right shared by others in the same vicinity and zone. I In summary, staff feels that the applicant's request does not meet two of the required findings for a variance and, therefore, staff cznnot recommend approval of this project. IV. ENVIRONMENTAL REVIEW ---_I_-- This project is exempt from environmental review per Section 19.04.070(€)(4)(a) of the Environmental Protection Ordinance. V. RE COCIM ENDAT I ON It is recommended that the Planning Commission No. 1961, .- Denying -- V-336, based on the findings thereia - ATTACHMENTS .---_I Adopt Resolution contained 1. PC Resolution F?o. 1961 2. Locat ion Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibit "A", dated AML : ar 5/18/82 -2- 3 $ i 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 f" PLANNING COMMISSIOEJ RESOLUTION NO. 1961 A RSSOLUTION OF THE PLANNING COMMISSIOX OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO INCREASE THE HEIGHT OF A STUCCO WALL FROM 42" TO 72" IN THE FRONT YARD SETBACK, GENERALLY LOCATED ON THE PROPERTY ON THE NORTH SIDE OF LEVANTE STREET NEAR CALLE MADERA, APPLICANT : KENNETH N . RAYMOND CASE NO: V-336 WHEREAS, a verified application for certain property, to wit: Lot 275, La Costa South Unit No, 4 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request i - provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 26th day of May, 1982, 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 V-336, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the city of Carlsbad as follows: A) That the foregoing recitations are true and correct. R) That based on the evidence presented at the public hearing, thc Commission DENIES V-336, based on the following findings: Findings: ---_-- 1) That. there are no exceptional or extraordinary circumstances 01 conditions applicable to the property that do not apply generally to other property in the same vicinity and zone for the reasons stated in the staff report. //// //// 46 I I t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ,' 2 18 19 20 21 22 23 24 25 26 27 28 #- 2) That the granting of this variance is not necessary for the preservation and enjoyment of a substantial right possessed by other property in the same vicinity and zone for the reasons stated in the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on 26th day of May, 1982, by the following vote, to wit: AYES: Farrow, Rombotis, Schlehuber, Friestedt NOES : Rawlins ABSENT: Marcus, Jose ABSTAIN: None I FARROW, Jk, Chairman COMMISSION ATTEST : PC RESU NO. 1961 -2- th r" . -- -... . 6 I- -' \ BACKGROUND DATA SHEET CASE NO: V-336 APPLICANT: RAYMOND, KEN" REQUEST AND LOCATION: 2854 Levante Street Increase fence height from 42" to 60" in front yard setback WAL DESCRIPTION: Lot 275, La Costa South Unit No. 4 APN: 216 - 230 - 09 &xes 122 ac. Proposed No. of JAts/Units -0- GENERAL PLAN AND ZONING Land Use Designation m Density Allowed 1 SFD Density Proposed N/A Existing Zone R-1-7500 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site R-1 RLIM North R-1 RLM South R-1 RLIM West R-1 RLIM PUBLIC FACILITIES San Dieguito/ School District Encinitas Water Olivenhain Sewer Leucadia EW's 1 Public Facilities Fee Agreement, dated EMIIRONMENTm IMPACT ASSESSMENT Exempt Negative Declaration, issued E.I.R. Certified, dated N/A Other, 7 - LSPLICWT : ... ~xne (individual, partnership, joint venture, cor-=ration, syndication) .. -. ..: . . . . .., . . . . . .. . . ., .. , .. . . .. .. .. . .. -. .- .. .. .. .. 1. . ... -.. -.- --. . :: . (Attach more sheets if necessary) ~/pk dec1~0- uzder penalty of perjury that t5e infom.ation containsd in this dis- closure is trxo and correct and that it Will remain true ar.d correct and cay be. relied upon as bizq :rue and corrnct until amended. .- . .. .. .. .. .. _' . 4.. -. ,. .. ,. .. . ., ... ,. .. .. .. , CASE NO. 36 9 NOTICE OF PUBLIC J5EAlUX BppE43, OF V-336 NUTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Qlambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, July 6, 1982, to consider an appeal of a Planning Cdssion denial of a request for a variance of the Zoning Ordinance to increase fence heist from 42" to 60" in the front yard on property generally located on 2854 Levante Street and more particularly described as: Lot 275, La Costa South Unit No. 4 APPELLANT: KennethRaymnd PUBLISH: June 23, 1982 CARLSBAJI CITY COUNCIL -. ... - . . . . __ .' 1 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Pub I icat ion STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING APPEAL OF V-336 NOTICE IS HEREBY GIVEN that the City Council ofthe City ofCarl* bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:oO P.M.. on Tuesday, JUIY 6. 1882, to consider an appeal of a Planning Commission denial of i request for a variance of the Zon& Ordinance to increase fence height *om 42" to 80" in the front yard on property generally located on 2854 Levante Street and more particu- larly described as: Lot275. La Costa South Unit No. 4. Applicant: Kenneth Raymond CARLSBAD CITY COUNCIL CT W311: June 23,1082 19e.z.. ......... Jul?e. ?3. ............... ................................. 19 .... ................................. 19 .... ............................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on ~h, e 3rd dayof June l9P2 .hl.hL<ii, \ ./ire.- ,- Clerk of the Printer 1 M- 1 0/8 1 / Barney & Harriet Hayden 2805 Levante Street Carlsbad, CA 92008 / Rolland & Denise Hamm 2804 La Gran Via Carlsbad, CA 92008 / Rassell & Sharon Mackey 2815 Levante Street €arlsbad, CA 92008 / Kenneth & Phyllis Abrahams 17261 Revere Southfield, MI 48076 Frederick L. Snedeker ’ P.O. Box 136 i Mount Eden, CA 94557 Sazette Wigly / 7712 Calina Way Carlsbad, CA 92008 /+ Frederick M. Crockett 2851 Levante Street Rancho La Costa, CA 92008 / Karlis M. Liepins & Vera I. Vietieks 1209 Summertime Lane Culver City, CA 90230 Rudolph & Erna Wiest / 7821 Segovia Way Carlsbad, CA 92008 n / Sunset Pacific Homebuilders of San Diego 619 Santa Rosita Solana Beach, CA 92075 / William R. Lech FLECOMPRON-Seven, NAS Mirlmar, San Diego, California / Boris Newman Monterey Park, Ca 91754 BOX E. G. / Robert & Karen Evans 7818 Segovia Way Carlsbad, CA 92008 / John & Joan Dilg 7808 Segovia Way c Carolsbad, Ca 92008 / Edgar & Rachel Cicone 2868 Levante Street Carlsbad, CA 92008 / Sigrid B. Bolton 2875 Levante Street Carlsbad, Ca 92008 / William & Beverly Goldman 2814 Levante Street Carlsbad, CA 92008 / William & Violet Barrows 2824 Levante Street Carlsbad, Ca 92008 I 1- /- Martin & Shirley Torok 2834 Levante Street Carlsbad, Ca 92008 / Frederick & Gunnel Malzahn 20710 S. Leapwood Avenue, #B Carson, CA 90746 Eugenid Villamar, Ernie / Merza, Camille Merza & Eugene Abat 2525 Faibre Street Chula Vista, Ca 92011 Scott & Jeanette McClintock ' 2868 Levante Street Carlsbad, Ca 92008 John & Kathleen Manard / 7731 Calle Madero Carlsbad, CA 92008 Emanual & Ellen De Vries / 2852 Castilla Place Carlsbad, Ca 92008 Peter & Joyce Willams / 2846 Castilla Place La Costa, CA 92008 P. Jay & Elaine Ems / 2845 Castilla Place Carlsbad, Ca 92008 Hartmut & Lilia Neuendorff f 2851 Castilla Place Carlsbad, Ca 92008 i 1 Harold & Iris Sankey 2857 Castilla Place Carlsbad, Ca 92008 0 Maruice & Madie Terrell 7717 Calle Madero Carlsbad, CA 92008 / James & Beatrice Chance 7731 Calle Madero Carlsbad, CA 92008 / Idabell L. Snyder 7645 Calle Madero Carlsbad, CA 92008 / John & Ghislaine La Pointe 2460 Torrejon Place I Carlsbad, CA 92008 / Jerome & Jo Schwartz 7704 Calle Madero Carlsbad, CA 92008 / Warren M. Young 7710 Calle Madero Carlsbad, CA 92008 / Lawrence & Joan Veazey 12218 Gneiss Avenue Downey, CA 90242 / Alfred & Ernice Tilton 7722 Calle Madero Carlsbad, CA 92008 / Allen B. Shall 5409 Norton Street Torrance, CA 90503 / Mr & Mrs Rustioc Brillantes 2904 Levante Street Carlsbad, CA 92008 # Paul & Margene Pyeatte 2879 Levante Street Carlsbad, Ca 92008 --_ .. I I. I L 1 -- /._.-A- ,. ". ". ,