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Home My WebLink About1983-10-18; City Council; 7533; Anderson reduce rear yard setback appealCITY- ,F CARLSBAD - AGENDA- ILL L~# 7533 ITG. 10/18/83 )EPT. P L N TITLE APPEAL - VARIANCE TO REDUCE REAR YARD SETBACK - V-348 - ANDERSON RECOMMENDED ACTION: The Planning Commission and the staff are recommending that City Council direct the City Attorney's Office to prepare documents to DENY the appeal of V-348. ITEM EXPLANATION the ance On September 14, 1983, the Planning Commission denied a var request to reduce a required rear setback from 14 feet to 7 feet to allow a guest house at 1264 Basswood Avenue (between Adams Street and Pine Street). The applicant has appealed the decision of the Planning Commission to the City Council (letter attached). The structure is existing and is listed on an approved building permit as a workshop. As a workshop, the building meets all setback requirements. If the building were to become habitable a rear setback of 14 feet would be required. There is an existing setback of 7 feet from the building to the rear property line. The Planning Commission and the staff were unable to make the necessary four findings for a variance. The Planning Commission felt that there were no extraordinary circumstances on the property. They also felt that the property owner was not being denied a property right belonging to others in the same vicinity because there was enough room on the property for the guest house to have been built within setback requirements. The Planning Commission also took testimony from several neighbors who were against the project. They thought that the applicant was using the remodeled workshop as a rental unit and felt that it may already be in use for that purpose. Because two of the four findings for a variance cannot be made the Planning Commission and staff are recommending denial. For more information please see the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project is exempt pursuant to Section 19.04.070(5C) of the Carlsbad Environmental Ordinance. FISCAL IMPACT There will be no direct fiscal impact on the City of Carlsbad as a result of this project. EXHIBITS 1) Location Map 2) Planning Commission Resolution No. 2172 3) Planning Commission Staff Report with attachments, dated 4) Letter of appeal September 14, 1983 ... , I ELM AV 2 5 5 x-' 2 U U 7(9 z 'b e, 0 ..- PINE AV r HBLIDAY PARK i UI 1, BASSWOOD AW , SUBJECT PROPERTY .. 1 2 3 4 5 # 6 7 : a 9 10 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 - 27 28 PLANNING.COMMISSION RESOLUTION NO. 2172 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 14' TO 7' FOR A HABITABLE ACCESSORY STRUCTURE AT 1264 BASSWOOD AVENUE, ON .24 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BASSWO( AVENUE BETWEEN ADAMS STREET AND PINE AVENUE. APPLICANT: ANDERSON CASE NO: V-348 .WHEREAS, a verified application for certain property, to wit: Parcel 1 of Parcel Map No. 9641, filed in the office of the County Recorder on January 29, 1980 af File No. 80- 033063 of Official Records, 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 September, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance ; and 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. (B) That based on the evidence presented at the public hearing, thj Commission DENIES V-348, based on the following findings: I/// //// //// 3 1 , I rigs: 1) That 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, as discussed in the Staff Report. 2) That such 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 denied to the property in question, as discussed in the Staff Report. 3) The Land Use Planning Manager has determined that this project is exempt from Environmental Review per Section 19.04.070(5C) of the City of Carlsbad Environmental Ordinance # PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Coinmission of the City of Carlsbad, California, held on the 14th day of September , 1983, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN : CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J . HOLZMILLER LAND USE PLANNING MANAGER ?C RES0 NO. 2172 -2- , DATE : TO: FROM: SUBJECT: I. - APPLICA': )N SUBMITTAL DATE : MA? 11, 1383 STAFF REPORT - September 14, 1983 Planning Commission Land Use Planning Off ice V-348 - ANDERSON - Request for approval of a variance to reduce the required rear yard setback from 14' to 7' for 'a habitable accessory structure at 1264 Basswood Avenue on the north side of Basswood Avenue between Adams Street and Pine Avenue in the R-1-7500 zone. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2172, DENYING V-348, based on the findings contained therein. I1 . PROJECT DESCRIPTION 61 BACKGROUND The applicant is requesting approval of a variance to reduce the accessory structure on .24 acres, located as described above. The subject property is flat and slightly irregularly shaped. - required rear yard setback from 14' to 7' for a habitable The accessory structure in question is existing. As a nonhabitable accesso,ry structure, the building is conforming. A nondwelling accessory building may be bui3.t to the rear lot line and to the side property lines to the rear of the required side yards. As a habitable accessory structure, a guest house, the building would be nonconforming. Such a building must observe all required yards. The existing dwelling and accessory structure were constructed under a building permit issued to Frank Leone in August 1980. The application for the permit listed the proposed construction as a single-family house with attached garage and detached workshop. During construction a complaint was received by the City that the owner intended to use the detached workshop as a rental unit. Mr. Leone was advised by both the Building and Planning Departments that the accessory building could not be used for any other purpose other than that which was stipulated and permitted by his Building Permit, a detached workshop. (Please see letter attached dated February 26, 1981, from Tony Mata, Senior Building Inspector) . - b A somewhat similar variance was granted to an adjoining panhandle lot by the City Council on appeal of a Planning Commission denial in January 1982. This variance permitted a reduction in the required front yard setback. The structure proposed under this variance remains unconstructed. However, a precedent has been set for this type of variance in the area. 111. ANALY S IS Planning Issues 1) Can the four mandatory findings, required for the approval of a variance, be made for each request specifically: . a) That there are 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. ,b) 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 denied to the property in question. c) 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. d) That the granting of such variance will not adversely affect the comprehensive general plan. Discussion Staff is unable to make the findings necessary for approval of the requested variance. First, Staff does not believe that there are exceptional or extraordinary circumstances or conditions applicable to this particular property that do not generally apply to other property in the same vicinity or zone. The .24 acre project site is not sufficiently irregular in shape nor limited in size to have restricted placement of the accessory structure. The fact that the accessory building is existing, does not constitute exceptional circumstances, in that the recently constructed building was clearly specified for a nonhabitable use. Staff further does not believe that the. requested variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity arid zone. In a survey of the immediate area, Staff found no other guest houses which intruded into required yards. - -2- - Staff believes that the applicant is not being denied a substantial property right. The accessory building is conforming and may be fully utilized for the nonhabitable use for which it was constructed. The original owner was clearly advised that the workshop could not be converted to a dwelling unit. Minor modifications to the structure, however, could bring it into conformance as a habitable building. I Staff does not believe that granting of such variance would be materially detrimental to the public welfare, injurious to the property or improvements in such vicinity and zone, nor adversely impact the comprehensive General Plan. Staff is, however, unadle to make the other two findings required for approval of a variance. extraordinary circumstances or conditions applicable to the subject property that do not apply generally to other property in the same vicinity and zone; that such variance is not necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone; and that the applicant does enjoy the rights of full usage of the structure, as a nonhabitable building, as permitted by its original construction. * Overall, Staff believes that there are no exceptional or - IV . ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project is exempt from Environmental Review per Section 19.04.070 (5C) of the City of Carlsbad Environmental Ordinance.. ATTACHMENTS 1) Planning Commission Resolution No. 2172 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Letter from Tony Mata, Senior Building Inspector, dated February 26, 1981 6) Reduced Site Plan -3- 7 BACKGROUND DATA SHEET CASE NO: V-348 APPLICANT: ANDERSON REQUEST AND LQCAT.ION: able accessory structure at 1264 Basswood Ave. on the north side of Basswood Ave. between Adams St. and Pine Avenue. LMZAL DESCRIPTION: Parcel 1 of Parcel Map No. 9641, filed in the office of the County Recorder on Jan. 29, 1980 as File No. 80-033063 Request for approval of a variance to reduce the required rear yard setback from 14' to 7' for a habit- APN: 205-052-28 Acres .24 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation RI2?4 Density Allowed 0-4 du/ac Density Proposed N/A Existing Zone R-1-7500 Proposed Zone N/A - Surrounding Zoning and Land Use: Zoning Land Use Site R-1-7500 SFR . North R-1-7500 South R-1-7500 SFR SFR East R-1-7500 SFR West R-1-7508 SFR PUBLIC FACILITIES Carlsbad School District Unified Water City Sewer City EDU' s Public Facilities Fee Agreement, dated May 18, 1983 ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued E.I.R. Certified, dated - Other, Exempt - 19.04.070(5C) June 20, 1983 . ,- 1200 ELM AVENUE URLSBAD, CALIFORMA 92OOa ., --February 26, 1981 -Mr. Frank Leone 26962 E!arbella St. Mission Yiejo, CA. 92691 Subject: 1264 Basswood Ave. , Carlsbad, CA. Dear Sir: As per inspection records, the accessory building at the rear of lot addressed . 1264 Bassxood Avenue, shall not be used for any purpose other than what is stip- ulated and permitted by permit f: 80-273 of the Building Department, City of Carlsbad. i 1. use - detached workshop . -.. Respectfully Submitted , flyJ.k+A- Respectfully Submitted , flyJ.k+A- Tonykata / Sr uildfg Inspector Cig of arlsbad I I .. *. .. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the Cify Clerk APPEAL FORM (71 4) 438-5535 I (We) appeal the following decision of the to the City Council: Project narnfand number (or subject of appeal):. .. d dh-& mb- - Date of decision: ty, /Q%3 r, Reason for appeal: -. *?&& /u2--& 7-23- 93 Date AV\dW5** Name (qlease print) 6,'4,; 727- 673s, Te ep one Number Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publicat 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 Sun 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 v-348 NOTICE IS HEREBY GIVEN that bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue. Carlsbad. California, at 6:OO p.m. on Tuesday. October 18. 1983. to consider an appeal of a Planning Commission denial of an application for a variance to re- duce the rear yard setback from 14' to7' fora habitable accessorystruc- ture on property generally located at 1264 Basswood Avenue, on the north side of Basswood Avenue be- tween Adam Street and Pine Ave- nue and more particularly de- scribed as- filed in the Office of the County Re- corder, January 29.1980 as File No 80-033063 of Official Records. thecity Council oftheCityofCarls- ......... OI=tqbelc. .5 ............. 19 .? 3. ................................. 19 .... ................................. 19 .... Parcel 1 of Parcel Map No. 9611. ................................. 19 .... Appellant: Anderson CI W316: October 5. 1983 CARLSBAD CITY COUNCIL .................. ............... 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 the 5th day of October 19833 Clerk of the Printer NOTICE OF PUBLIC HEARING APPEAL V-348 NOTICE IS HEREBY GIVEN that 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, October 18, 1983, to consider an appeal of a Planning Commission denial of an application for a variance to reduce the rear yard setback from 14' to 7' for a habitable accessory structure on property generally located at 1264 Basswood Avenue, on the north side of Basswood Avenue between Adams Street and Pine Avenue and more particularly described as: Parcel 1 of Parcel Map No. 9641, filed in the Office of the County Recorder, January 29, 1980 as File No. 80-033063 of Official Records. APPELLANT : Anderson PUBLISH : October 5, 1983 CARLSBAD CITY COUNCIL - -. - .--..- LOCATION M--AP - --1 ELM AV !I - ...... --. . I .. ... .. . .............. - .... ..... ..... .... . .... ~. ........ _I-.-- ... ....... .. -- - AR::i.l;o Gkl.:,2:,!.E? E _. .- Y 132s P:b!E AVElCAZLS2AD CALIF 92038 ..... . , ........... ....... .... ......... . .- i ............ .... . ............... .--.- .- ................. .. .__-- ............. \ i 9000 205-C52-94 ii _c_._I_ -.--- .............. ..... .... ...----__ ....-,. ... A ...... - . ...... - - --- - - .. .. - 9000 235-352-17 I 9000 235-052-16 I* I 1. 9600 I 205-052-15 I 9000 205-052-13 I! .......... .. - -A . -. . SI.!,'. X TZ T ii 5 !I 3C ? E 4 S B E!?!{ .A G 1 ti E 14: :T . 13367 , .. CALL! C;L.I!iA,,?@!;!AY CA 92354 9003 205-052-11 I . I I .... SO00 2cs-952-c.3 1 ___.I ,- - 5-052-2 9- . I 93!?O1205-120-05 I-- - -- \r , 3000 205-112-25 \I I I1 A -- 90-00 /205-112-?6 \I ,. I 9000, 205-112-35 ---I I 30 0 -1- 0 205-1 12-27b I . ._ I -. - - CI I 9000,205-120-28 I I