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Home My WebLink About1984-03-20; City Council; 7663-1; Humphrey rear yard setback denial appealCIT -3F CARLSBAD - AGENDI-~ILL 3-*/ TITLE APPEAL OF A PLANNING 03MMISSION DECISION B# vLg ITG. 3/20/84 DENYING A VARIANCE TD REDUCE A REAR YARD SETBACK . IEPT. PLN AV 83-4 - J3JMPHREy DEPT. HD., CITY MOR..&, RECOMMENDED ACTION: The Planning Ccmtnission and the staff are reoarmending that the City Council direct the City Attorney's Office to prepare documents DENYING Administrative Variance 83-4. ITEM EXPLANATION The applicant originally requested an administrative variance to reduce the required rear yard setback from 15 feet to 12 feet 90 a room addition could be made to the existing single family residence. Land Use Planning Manager because the 4 findings required for a variance could not be made. constructed without the need for a variance. The request was denied by the Also, it was felt that the room addition could be legally The applicant appealed the decision of the Land Use Planning Manager to the Planning Carranission. the four findings could not be de. exceptional circumstances and that the applicant was not being denied a substantial property right granted to others in the same vicinity. MerrS3ers of the Planning Cmission did express sympathy for the applicant's proposal, and by a 5-2 vote, voted to indicate to the City Council if the denial was appealed that they thought the project was not detrimental but they could not make the required findings for a variance. The Curmission denied the request because they felt two of Specifically, that there were no For further information please see the attached Planning Canmission staff report. Also attached is the applicant's appal form. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has %reed to pay a public facilities fee to offset the costs of providing all other public services. The proposed project is exenpt from environmental review per Section 19.04.070(6)(D)(i) of the Carlsbad Environmental Ordinance and a notice of exemption was filed on January 23, 1984. EXHIBITS 1. PC Resolution No. 2245 2. PC Staff &port dated, February 8, 1984 3. Appeal Form I 1 2 a CI 4 E; Y 6 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 wit: PLANNING COMMISSION RESOLUTION NO. 2245 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL OF AN ADMINISTRATIVE VARIANCE TO REDUCE THE ~ REAR YARD SETBACK TO 12-FEET AT 3295 WESTWOOD DRIVE . APPLICANT: HUMPHREY CASE NO: AV 83-4 WHEREAS, a verified application for certain property, to Lot 27(B) of Falcon Hill Unit No. 3 in the City of Carlsbad, California, has been filed with the City of Carlsbad, denied by the Land Use Planning Manager, and appealed to the Planning Commission; and WHEREAS, said verified application constitutes an appeal as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 8th day of February, 1984, hold a duly noticed public hearing as prescribed bj law to consider said appeal; 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 as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, thc Commission upholds the decision of the Land Use Planning Manager and DENIES AV 83-4, based on the following findings; Find ings : 1 ) There are no exceptional or extrarordinary circumstances applicable to this property that do not generally apply to other property in the same vicinity and zone since several other lots in the neighborhood have the same configuration and depth. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 The variance is not necessary for the preservation of a substantial property right possessed by other property in the same vicinity since only one other property has built within the setback, and this does not constitute a property right. The remainder of the neighborhood has not built within the setback. PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on :he 8th day of February, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Rawlins, NOES : Commissioner Lyttleton. ABSENT: None . ABSTAIN: None. Schlehuber, Marcus, Farrow and Smith. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION 4TTEST: . ,AND USE PLANNING MANAGER 'C RES0 NO. 2245 -2- 3 STAFF REPORT 0 DATE : TO: FROM: SUBJECT: I. February 8, 1984 Planning Commission Land Use Planning Office AV 83-4 - HUMPHREY - Appeal of a Land Use Planning Manager denial of a variance request to reduce the rear yard setback at 3295 Westwood Drive. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2245 DENYING the appeal of AV 83-4, based on the findings contained thereln . I1 . PROJECT DESCRIPTION The applicant has requested a variance to the required 15-fOOt rear yard setback on his single-family lot. He wishes to expand the existing house area by constructing a two-story addition to the rear of the structure. The bottom story of the addition is proposed as a family room, the top story a bedroom. This addition is proposed to within 12-feet of the rear property line. The zoning ordinance requires a 15-foot rear yard setback on this lot . This variance requesf falls under the authority of the Land Use Planning Manager. After analyzing the circumstances surrounding the request, the Land Use Planning Manager denied the variance. The applicant has formally appealed this decision to the Commission. Staff is unable to make the first two findings required for approval of a variance, as follows: 1) There are no exceptional or extraordinary circumstances or conditions applicable to this property that do not generally apply to other property in the same vicinity and zone since, although the lot is shallow (105 feet deep), five other neighboring lots in the same block are equally shallow. In addition, the applicant could easily construct an addition to his home without building within the setback area. 4 2) The requested variance is not necessary for the preservation of a substantial property right possessed by other property owners in the same vicinity and zone, since others in the area have not built within the required setback area. It is recognized that one property in the neighborhood has built to within 10-feet of the rear lot line (no building permit record was found), however, staff does not conclude that this then becomes a property right, especially if it was done without any approval . Staff does not believe that the granting of this variance will have either a harmful or beneficial effect upon the public safety, or the intent of the City's general plan. 111. ENVIRONMENTAL REVIEW The proposed project is exempt from Environmental Review per Section 19.04.070(6)(D)(i) of the Carlsbad Environmental Ordinance and a notice of exemption was filed on January 23, 1984 . Attachments 1) Planning Commission Resolution No. 2245 2) Location Map 3) Background Date Sheet 4) Exhibits "A", "B", and "C", dated February 8, 1984 PJK:ad 1/24/84 -. -2- LOCATION MAP HUMPHREY AV83-4 6 \i\ PROJECT SITE 4 - - I I I. II K- '. 8 1 c '. ,. t t t. ' f . , .. . . . . . ...... r 1 i i .- &.a 4 z-. / 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office ol the City Clerk Qtitp of CarI~bab APPEAL FORM TELEPHONE: (71 4) 438-5535 .. I (we) appeal the following decision of the & M-X &m IS4laU, A v Il,&frM t4 to the City Council: Project name and number (or subject of appeal): 3M5 ll&&&! l9vrue . AV 83.4 I 1 Date of decision: n I+ WB4 Date . .. J- -- . A, euw=4w Name -(Please print) Lut ST., ffcd I <a- “3 Telephone Number - /I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (71 4) 438-5535 APPEAL FORM .. I (We) appeal the following decision of the &h MA ChwI IJStbvI v e 4% to the City Council: Project name and number (or subject of appeal): AV 89-4 34% hk&&t! 93v lU6 I __~_~ Date of decision: . 3 Ilk ST., %' Address 1/24-8653 Telephone Number CITYOFCAR ,BAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA g2008 (714) 438-5551 RECEIVED FROM 36688 - February 24, 1984 Carlsbad City Council c/o Carlsbad City Clerk Carlsbad, California 92008 To Whom It May Concern: Please be advised that we are requesting a continuance on our appeal (AV 83-4) that is scheduled for the March 6th City Council meeting. Since we will be out of town on the above date we are requesting that the matter be considered at the next regular City Council meeting - March 20, 1984. Thank you for your consideration in this matter. Very Truly Yours, Harriet Humphrey Dr. & Mrs. Michael E. Hu-mphrey 3295 Westwood Drive Carlsbad, California 92008 729-471 7 Ca rls b a d ournal Decreed a Legal Newspaper by the Superior Court of Sun Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, -_ NOTICE OF PUBLIC HEARING APPEAL AV 83-4 NOTICE IS HEREBY GIVEN that the City Councll of the C~ty ofcaris- bad will hold a publlc hear~ng at the City Counc~l Chambers, 1200 Elm Avenue, Carlsbad. California. at 6 00 P M on Tuesday. March 6, 1984. to constder an appeal of a Planning Commission denial of a variance request to reduce the rear yard setback on property generally located at3295 Westwood Drive and more particularly descr~bed as Lot27 (B) OfFalcon Hill Unit No 3. in the City of Carlsbad, Callfor- nia - 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 stil' has a bona fide subscription list of paying subscribers, and which newspaper has been established urd 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: ........ .February. 2.2 .......... 19 8.4 . ................................ 19 .... ................................ 19.. ................................. 19 .... Appellant: Humohrev CARLSBAD CI+Y COUNCIL CI "252. February 22, 1984 2M-4/82 ................................. 19.. I certify under penalty of perjury that the foregoing is true and correct. Executed at. Carls_bad, County of San Diego, State of Califor february ia on the 22nd 1984 day of r--i-) '-1 ,4 I q r - ,~ CI . Clerk of the Printer --3 Rabert P. & aOrothy M. Curry 2QBO Westwood Dr. Carlsbad. Ca. 92008 NorP#n E. 8 Gall M. Van Der Linden 3299 Westwood Or. Carlsbed, Ca. 82008 W ELM AVENUE I, CALIFORNIA 92008-rwg .. ~ Roy R. Blackford 2942 E. Harding Carlsbad, CA 92008 Michael Hu@hrey 3295 weStMYx3 Carlsbad, Q9 92008 Craig & Robin and/or Wait Griswold 2077 Westwood Dr. Carlsbad, Ca. 92008 Hu9h & Betty Mitchell 2087 Westwood Dr. Carlsbad, Ca. 92008 Harry 31 The0 Mollgaard 2093 Westwood Dr. Carlsbad, Ca. 92008 Carroll e Rossman 2097 Westwood nr. Carlsbad, Ca. 92008 Gary & Tia Colner 3298 Westwood Dr . Carlsbad, Ca. 92008 Stanley & Alma Jersey 3294 Westwood Or. Carlsbad, Ca. 920% Susan Monnel 3290 Westwnod Dr. Carlsbad, Ca. 92008 George & Jackye Nil 1 i s 3256 Westwood Dr. Carlsbad, 0. 92008 RIchard b Wem CIrsotl 2081 Truesdell Ln. Carlsbad, CS. 99008 David & Estelle Levy 2071 Truesdell Cn, Carlsbad, Ca. 92008 Gerald 81 Gail Belt 1902 Trumpet Ct. UtSbad, (3a. 92008 Uat ter I Gloria Bart01 2092 Truesdell Ln. Carlsbad, Ca. 92008 Robert a Uarjorie Ahlqulst 2082 Truesdell Ln. Carlobad, Ca. 9zooB . . Marcfa Finer 3280 Westwood Or. Curlsbed, a. 9- - : CARLSBAD - H AVE. AO,CA 92008 ' Victor 8 Joyce Copeland 3270 Westwood Or. Carlsbad, Ca. 92008 483-1983 USA ZOC Phi 1 i p Berkawi tz 3030 Bienkarne Dr. Carlsbad, Ca. 92008 Richard 6 Barbara Manchen 2060 Westmod Dr. Carlsbad, Ca. 92008 LWS 15 Carol Stevens 2061 Truesdell Ln. Carlsbad, Ca. 92008 HiWi iiopewell 2062 Truesdell Ln. Catlsbad. Ca. 92008 Thomas & Stdney Parnell 3070 Blenkarne Dr. Carlsbad, Ca, 92008 Berbard 8 Elaine Elenson 3060 Blenkarne Or. Carlsbad, Ca. 92008 Janet Cad0 3(#0 Btcnkame Or. Carlrbad, Ca. 92008 18s I Glmda Hasrelo !a Dam Dr. Carlsbad, Cad 32008 frank & Jacque bf#fazts 32% Donna Or. brlsbad, Ca. 92008 Robert 8 Barbara Ladwtg 3289 Donna Or. Carlsbad, Ca, 92008 Portfirlo & Isabel Rfvera 3W5 OOMU Or, Carlsbad, Ca. 92008 -- 483-1983 USA 2oc Jams b Joanne Hnghorn 2140 Basswood Ave. Carlsbad, Ca- 92008 cluette &. Mane Asbill 2130 Basswood Ave. Carlsbad, Ca, 92008 483-1983 USAZOC -1 Frod & Jean Steves ZUO Basswood Ave. Carlsbad. Ca. 92008 Catherine Chrn 2041 Truesdell Ln. Carlsbad, C8. 92008 Diane Daybell 20% Treesdell Ln. Carl sbad Ca. 92008 E)aer & Dorothy Jose 2099 Truesdell Ln. Ciirlsbad, Ca. 92008 Brtan L Edith Snith 32Zl WestwooO Or. Carlsbad, Ca. 92008 3art h Patrtcla MIller 3281 Westwwd Dr. 7arl sbad . Ca. 92008 483-1983 USAZOc Edward & Bonaie Hanlon 3285 Werbwod Dr. Carlsbad, Ca. 92008 Pat F. & Florence Mellgren 3289 Westwood Or. Carlsbad, Ca. 92008 I - - NOTICE OF PUBLIC HEARING L LOCATION MAP HUMPHREY AV 83-4 APPEAL AV 83-4 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, March 6, 1984, to consider an appeal of a Planning Commission denial of a variance request to reduce the rear yard setback on property generally located at 3295 Westwood Drive and more particularly described as: Lot 27(B) of Falcon Hill Unit No. 3, in the City of Carlsbad, California. APPELLANT: Humphrey PUBLISH : February 22, 1984 CARLSBAD CITY COUNCIL vl PROJECT SITE \'\\ 4