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HomeMy WebLinkAbout2002-12-04; Planning Commission; ; V 02-02 - SERAB RESIDENCE VARIANCEThe City of Carlsbad Planning Department P.C. AGENDA OF: December 4,2002 A REPORT TO THE PLANNING COMMISSION Application complete date: Project Planner: Brandon Nichols Project Engineer: Bob Wojcik Item No. (3 SUBJECT: V 02-02 - SERAB RESIDENCE VARIANCE - Request for a Variance to allow a reduction in the required front yard setback to accommodate a carport on an existing single-family panhandle lot, located at 3307 James Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5323, DENYING Variance V 02-02, based upon the findings contained therein. 11. INTRODUCTION The proposed variance request is for a reduction in the required fiont yard setback from twenty feet to approximately six inches, to accommodate an existing carport attached to the main dwelling on an existing single-family panhandle lot, located at 3307 James Drive. As elaborated below, Staff cannot make the findings required for the granting of a variance and, therefore, is recommending denial of the request. 111. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a variance to allow a reduction in the required fiont yard setback area to accommodate a large carport constructed in the front yard setback on an existing single-family panhandle lot. The property is located at 3307 James Drive. The 0.28 acre site is designated Residential Low Medium Density (RLM) in the City’s General Plan and is zoned One Family Residential (R-1), with a minimum lot size of 7,500 square feet. The lot has a panhandle configuration with a lot size of approximately 12,23 1 square feet. The lot meets all development standards for the R-1 zone and panhandle lots with regard to lot size, lot width and panhandle width. Panhandle lots are required to provide three non-tandem parking spaces. Ample covered and uncovered parking exists on the lot to satisfy this requirement. There are no significant encumbrances, easements, or slopes on the lot. Currently located on the property are a one-story, single-family home with an attached two-car garage and an additional 1,188 square foot, detached accessory garage. Attached to the main dwelling is a recently constructed, 714 square foot carport which is the subject of this variance request. The carport is located in the front yard setback and is located six inches from the fiont property line. The structure was constructed without building permits and was cited by code enforcement during the early stages of construction. h V 02-02 - SERAB RESIDENCE VARIANCE December 4,2002 Page 2 According to Section 21.10.040 of the Carlsbad Municipal Code, the required front yard setback for the R-1 zone is twenty feet and per Section 21.46.030 of the Carlsbad Municipal Code, every required yard shall be open and unobstructed from the ground to the sky. This requirement applies to all residential lots including panhandle lots. The existing carport structure measures eleven feet at the highest point and covers approximately 50% of the required front yard setback. The proposed variance would allow a reduction in the required front yard setback from twenty feet to six inches, to accommodate the existing carport. According to the applicant, the purpose of the carport is to provide additional covered parking for a large truck, modified for the purpose of transporting automobiles, that is parked in the front yard setback. Per Section 21.44.060 of the Carlsbad Municipal Code, only passenger vehicles including light duty commercial vehicles used as a principal means of transportation for the occupant may be parked in the front yard setback. This would preclude the parking of the vehicle in the front yard setback with or without the carport structure. IV. ANALYSIS According to Section 2 1.50.030 of the Zoning Ordinance, four findings must be made in order to grant a variance. These findings deal with the existence of extraordinary or exceptional circumstances on the subject property, the necessity of the variance to preserve a substantial property right enjoyed by others, the lack of material detriment to surrounding properties, and the affect of the action on the General Plan. If any one of these findings cannot be made, the variance cannot be approved. Listed below are the required findings as contained in Section 21 S0.030. The recommendation of denial for the proposed variance is based upon staffs conclusion that all required findings cannot be made. “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 or zone.’’ The lot is not exceptional or extraordinary in that it meets the development standards for panhandle lots and the R-1 zone, and is similar in size and shape to other lots in the same vicinity. The minimum lot size for the zone is 7,500 square feet and the minimum lot size for panhandle lots is 10,000 square feet. The lot is approximately 10,440 square feet, excluding the panhandle, and therefore exceeds both of these requirements. The shape of the lot and the lot dimensions are typical of single-family panhandle lots. Panhandle lots are required to have the same setbacks as standard single-family lots. The subject property has no significant topographical features or encumbrances that would justify the use of the front yard as a parkingbuilding area, and the lot is of adequate size and shape to facilitate the location of parking and structures in the areas permitted by the zoning ordinance. Given the above, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property that do not commonly apply to other properties in the same vicinity or zone. Therefore this required finding cannot be made. “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 which is denied to the property in question.” V 02-02 - SEW RESIDENCE VARIANCE December 4,2002 Page 3 The requested variance is not necessary for the preservation and enjoyment of a substantial property right in that adequate parking, commensurate with residential use and similar to that of surrounding properties, exists on the subject property. Section 2 1.44 of the Carlsbad Municipal Code requires a two-car garage for standard single-family properties in the R-1 zone and panhandle lots are required to provide an additional non-tandem space on the lot. The subject property currently has a two-car garage as well as a second 1,187 square foot detached garage. Additional paved parking area also exists in the side yard setback area that could be used as parking area for the truck without the need for a variance. Vehicles of this type can be parked in a lot’s side and rear yard area pursuant section 21.44 of the Carlsbad Municipal Code. Again, it should be noted, that the current location of the vehicle in the front yard setback is not permitted per section 21.44 of the Carlsbad Municipal Code. The applicant contends that surrounding structures have been allowed a “zero setback.” Staff has investigated this issue and was unable to substantiate this claim. It does not appear that any legal variances have been approved in the surrounding area to permit zero lot line setbacks. It is possible that setback violations or existing non-conforming structures do exist, however the presence of illegal and nonconforming structures does not provide justification for this or any other variance. Given the above, there is adequate area on the lot in which a vehicle could be parked without the need for a variance. The lot currently provides adequate covered and uncovered parking commensurate with residential use and similar to other properties in the same vicinity. The Carlsbad Municipal Code also precludes the parking of the vehicle in the front yard, and this applies to all surrounding properties. Therefore, the granting of the requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by others but denied to the property in question. This required finding cannot be made. “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.” The granting of the variance is injurious to the neighboring property to the south because the carport is being constructed six inches from the front property line and has effectively eliminated a substantial portion of the required front yard setback. Setbacks are designed to maintain adequate space between buildings and uses to provide adequate light and air, prevent the spread of fire, maintain property values, and provide adequate yards and open space on residential lots. The substantial reduction of the front yard setback is be materially detrimental to and injurious to the property to the south. This required finding cannot be made. ((That the granting of such variance will not adversely affect the comprehensive general plan.” The City’s General Plan designates the subject property and the surroundings for residential development. The proposed variance would condone the placement of a residential structure in the required setbacks, as well as allow the expansion of an existing non-conforming structure. Due to the non-specific nature of the General Plan, there are no goals, policies, or objectives that V 02-02 - SEW RESIDENCE VARIANCE December 4,2002 Page 4 directly relate to the proposed variance. Therefore the granting of this variance request will not adversely affect the comprehensive general plan. Given the above analysis, staff cannot make the findings required for the granting of a variance and, therefore, recommends denial of V 02-02 Serab Residence Variance. V. ENVIRONMENTAL REVIEW The construction and/or conversions of small structures in residential areas belong to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment and, therefore, is exempt from the requirement for the preparation of environmental documents pursuant to Section 15303Ca) and 15303(e) of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed upon final project determination. ATTACHMENTS: 1. 2. Location Map 3. Disclosure Statement 4 Background Data Sheet 5. 6. 7. Planning Commission Resolution No. 5323 Applicant’s Justifications for Variance form Complaint letter from neighbor regarding carport structure Exhibits “A” - “B ” dated December 4,2002. BN:sq:mh SITE SERA6 RESIDENCE v 02-02 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndcate, in this and any other county, city and county, city municipality, dismct or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a corporation or oartnershin include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES., PLEASE INDICATE NON- Person fl CA,’ h, /- I.( 4r-1 R COrpPart Title ,L /A I ,%,‘F; I?’ Title Address 33 C. 7 5/7bl CJ &a. Address 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of &J& persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (ie, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or oartnershio, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubiiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person IC 1 i. C ~z /? rl G CorpPart Title ,‘; c 4. ,1/ 4 // Title Address 3 3 c-0 7 .TAD1 !) 1 3 /2 Address 1635 Faraday Avenue Carlsbad, CA 92008-731 4 - (760) 602-4600 - FAX (760) 602-8559 @ 4 3. NONPROFIT GbATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profir organization or as trustee or beneficiary of the. Non Profiflrust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes Po If yes, please indicate person(s): ~ ~ NOTE: Attach additional sheets if necessary. I certify that all the&mu+mformation is true and correct to the best of my knowledge. _- / /XHF* Signature of owneridate Signature of applicantldate Qod - C4?GAR R ohi S;E.f2'4 R Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicableidate Print or type name of ownedapplicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 ~ BACKGROUND DATA SHEET CASE NO: v 02-02 CASE NAME: Serab Residence APPLICANT: Ron Serab REQUESTANDLOCATION: Variance for reduced vards and a variance from non- conforming structure standards at 3307 James Drive LEGAL DESCRIPTION: Lot 3 of Carlsbad Tract Map 98-14 APN: 205-060-72 Acres: .28 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 3.2 ddacre Existing Zone: R- 1 Surrounding Zoning, General Plan and Land Use: Density Proposed: N/A Proposed Zone: NIA Zoning General Plan Site R- 1 RLM North R-1 . RLM South R-1 RLM East R- 1 RLM West R-1 RLM Current Land Use RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, CATEGORICAL EXEMPTION JUSTIFICATION FOR VARIANCE d By law a Vanance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts Use additional sheets if necessary. 1. Explain why 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: AkC w 7 ../& Ire& 4 &.AJr,,-A/4LL fl .v’ 7tf 4 1-v A L’i-/-Qi 3- / 1’ .-Cn r,- 7 - /c ’ T 4 rmLM L A&#. L’L’ n R Gh t7pc 1) c3 G *- h L*L C!) n LAaP d.2 i A &I) c 7-C /z/q 615 .5 /+ /j I) 7-3 fi.v UA&& c 7 I II f2.1 4; E L ,*;,flfi&,< 7 /I/’ Ir d 6 /* y. ’/) & 2 -I /? d I> /2f 0 F&- 7- / ,3 FFj cTr# L Acc6rl I? /2 5 3 Tt5 L d-.#t,g-J, 1- [d/7fJL 2. 2. Explain why such vanance is necessary for the preservation and enjoyment of a substantial property nght possessed by other property in the same vicinity and zone but which is denied to the property in /i LA Fz ,,/z [ s ,dpA c L 0 /- / ,/, ,) /+ /? 7c-4 (An /r’ L4 ; 0 L/c- L> /x L ci T/-#+ 4.2 /4ofiI;-l -74,~ 7/4 6 tWi2 ,lJfl L.5 f? L: n--: p/ f SMl,< h h- fl/9 d1S /J ‘rF&gc?3 c /7 L3 E,fM 5 TLudp& m -c- -. F0 7/fK -c /?&-[ /) ,/ c && < 1 ?- 7 r/&, - ./ - .J / LjZd - c- 3. Ep%ilwgy :he granting of such vanance will not be matierally detrimental to the public welfare or injunous to the property or improvements in such vicinity and zone in which the property is located: 4. Explain why the grading of such vanance will not adversely affect the comprehensive general plan: FRM0004 5/96 Page 5 of 5 ? April 24,2002 -3 M-:Michael Holzmiller PlanningDirector 1635 Faraday Ave Carlsbad, CA. 92008 city of carlsbad Re: Parking strwture at 3307 James Dr., Carlsbad Dear Mr. Holpniuer: We are dhg to express our objection to a parking structure that has been constructed without pennit at the above referenced address. The structure in question sits on a lot noticed that the &ructure w& not only up to, but over the property line. when we questioned the contractor about this he informed us that it was against code, but that the owner wanted it built despite this illegality. According to your codes enforcement ofiicer, our neighbor has i.requestsby& City totake the&ucturedownagd isgow requesting an a&&ktrative variance to keep it in place. Despite additional city notices to reM fiom an further building our neighbor continues to have work completed, typically on Sundays. which currently has- zpoQsg.~~fgamge~ Since he purchased he home- ago, this owner has totally gutted the five year old home and garages on his property and constructed new buildings and an enormous waterfidl and small pool in openly stated disregard for city codes and the sakty of small children in the neighborhood. In its new form, this home has structures fiom one end of the property line to anather. In additien, om common driveway bas heen routinely blocked by construction crews and our privacy disregarded. It is our opinion that this citizen's repeated willful disregard fix city codes and neighbors displays an attitude in direct conflict with the law and our community. We ask that this variance be deniedd W the constructionstop. Thank yoti in ttavrmee fbr pur consideration. LtAp-- Mary B. Holleran Carlsbad, CA. 92008 (760) 434-1 850