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HomeMy WebLinkAbout1984-02-08; Planning Commission; ; AV 83-04 - HUMPHREYDATE : TO : FROM : SUBJECT: I. STAFF REPORT 0 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 therein. 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 request 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. 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 IT", dated February 8, 1984 PJK: ad 1/24/84 -2- CASE No: AV 83-4 REQUEST AND KDCATICPV: Variance to reduce the rear yard setback from 15 feet to 12 feet LEGAL DESCRIPTION: Lot 27(B) of Falcon Hill No. 3 in the City of Carlsbad, California APN: 167-180-13 Acres 7840 sq.ft. Praposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation RIM Density Allowed 0-4 du/ac Density Proposed Same Existing Zone R- 1-75 Praposed Zone Same Surrounding Zoning and Land Use: Zoning Land use Site R-1-75 SED North R-1-75 SFD South R-1-75 East R-1-75 West R-1-75 SFD SFD SFD PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad Ew's 1 Public Facilities Fee Agreement, dated N/A ENVIRONMENCm IMPACT ASSESSMWT Negative Declaration, issued E.I.R. Certified, dated - Other, Exempt per 19.04.070(6)(D)(i) LOCATION MAP r HUMPHREY AV 83-4 \,\ PROJECT SITE 4 1 t .. ' .. .I . ' " I * '?. . .. -2 I .. .. 9. r' I. .. %